[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39264-39267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18990]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 86

[AMS-FRL-5268-6]
RIN 2060-AC65


Control of Air Pollution From New Motor Vehicles and New Motor 
Vehicle Engines: Regulations Requiring On-Board Diagnostic Systems--
Revision to Requirements for Storage of Engine Conditions Associated 
With Extinguishing a Malfunction Indicator Light

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This direct final rulemaking makes certain technical revisions 
to the requirements associated with on-board diagnostic (OBD) systems, 
as specified by Sec. 86.094-17. Changes are being made to the 
provisions associated with extinguishing an illuminated malfunction 
indicator light. The current provisions contained in Sec. 86.094-17(d) 
have proven to be unexpectedly burdensome on the industry and do not 
provide the expected beneficial effects to vehicle owners, repair shop 
personnel, or air quality.

DATES: This final action will become effective on October 2, 1995, 
unless notice is received by September 1, 1995, that any person wishes 
to submit adverse comments. Should EPA receive such notice, EPA will 
publish one subsequent action in the Federal Register withdrawing this 
final action.

ADDRESSES: Written comments should be submitted (in duplicate if 
possible) to: The Air Docket, room M-1500 (Mail Code 6102), Waterside 
Mall, Attention: Docket No. A-90-35, 401 M Street, SW., Washington, DC 
20460. Materials relevant to this rulemaking are contained in Docket 
No. A-90-35, and are available for public inspection and photocopying 
between 8:00 a.m. and 5:30 p.m. Monday through Friday. The telephone 
number is (202) 260-7548 and the facsimile number is (202) 260-4400. A 
reasonable fee may be charged by EPA for copying docket material. Those 
wishing to notify EPA of their intent to submit adverse comments on 
this action should contact Todd Sherwood, Certification Division, U.S. 
Environmental Protection Agency, 2565 Plymouth Road, Ann Arbor, 
Michigan 48105.

FOR FURTHER INFORMATION CONTACT: Todd Sherwood, (313) 668-4405.

SUPPLEMENTARY INFORMATION:

I. Introduction and Background

    On February 19, 1993, the EPA promulgated a final rulemaking 
requiring manufacturers of light-duty vehicles and light-duty trucks to 
install on-board emission control diagnostics (OBD) systems on such 
vehicles beginning in model year 1994.1 The regulations 
promulgated in that final rulemaking require that, ``If a malfunction 
has previously been detected, the MIL may be extinguished if the 
malfunction does not reoccur during three subsequent sequential trips 
during which engine speed is within 375 rpm, engine load is within 10 
percent, and the engine's warm-up status is the same as that under 
which the malfunction was first detected, and no new malfunctions have 
been detected.'' 2 The State of California, in its second phase of 
OBD requirements 

[[Page 39265]]
(OBD II),3 had adopted the same requirement, but limited its 
applicability to fuel system and engine misfire malfunctions. In 
contrast, the federal requirement applies to all malfunctions. For non-
fuel system and non-misfire related malfunctions, the OBD II regulation 
allowed the MIL to be extinguished after undergoing three subsequent 
trips without recurrence of the malfunction, regardless of whether or 
not the vehicle experienced similar engine conditions (i.e., engine 
speed, engine load, engine warm-up as described above) during the 
subsequent trips.

    \1\ 58 FR 9468, February 19, 1993.
    \2\ 40 CFR 86.094-17(d).
    \3\ Title 13, California Code of Regulations, Sec. 1968.1(d).
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    The intent behind the federal OBD provision was to have the MIL 
illuminated for any and all malfunctions unless it could be verified 
that the malfunction was not valid, or that the malfunction was only 
intermittent and no longer existed. Pursuant to that intent, EPA 
decided to require that the MIL must remain illuminated until the 
vehicle takes three subsequent trips during which engine conditions are 
similar and the malfunction does not reappear. This decision was made 
assuming that usually only one malfunction, and no more than two or 
three malfunctions, would exist on a vehicle at any given time with one 
malfunction trouble code stored for each. However, because of the way 
most OBD systems are designed, one real malfunction may cause storage 
of several different trouble codes; and, a set of ``similar operating 
conditions'' are, by manufacturer design not by regulation, stored for 
each trouble code, not one set for each malfunction. Consequently, 
according to auto manufacturers, two or three malfunctions could result 
in storage of as many as 15 trouble codes, with a set of similar 
operating conditions stored in the memory bank of the on-board computer 
for each of 15 trouble codes, rather than each of three malfunctions. 
As a result, auto manufacturers have stated that they are forced to 
dedicate enough computer memory to store similar engine conditions for 
as many as 50 to 200 trouble codes, depending on the number of codes 
used by the manufacturer, because they cannot risk having insufficient 
storage capacity in the unlikely event that such a high number of 
malfunctions are detected and trouble codes stored. Such computer 
memory requirements are costly, are inconsistent with California OBD II 
computer memory requirements, and, as explained below, are not 
necessary to achieve a highly effective OBD system.
II. Requirements of this Direct Final Rulemaking

    This direct final rulemaking restricts the applicability of the 
requirement preventing the MIL from being extinguished unless the 
vehicle takes three subsequent sequential trips where similar engine 
operating conditions occur and the malfunction does not reoccur. The 
``similar engine conditions'' requirement shall be restricted solely to 
the fuel system and engine misfire related malfunctions. For all other 
malfunctions, the MIL may be extinguished if the vehicle experiences 
three subsequent sequential trips where the malfunction does not 
reoccur, regardless of engine conditions.
    EPA has determined that it is unnecessary and inappropriate to 
require ``similar engine conditions'' to be present for three trips 
before extinguishing the MIL for all non-fuel system and non-misfire 
related malfunctions. The similar engine conditions required for 
storage relate to engine operating speed and load. Under the 
regulations initially promulgated, these conditions would need to be 
stored for all malfunctions so that a vehicle passing through these 
same conditions without re-detecting the malfunction would be allowed 
to extinguish the MIL under the presumption that the first detection 
was not a valid detection. However, only fuel system and engine misfire 
related malfunctions are likely to occur exclusively at certain speed 
and load conditions. Therefore, only for malfunctions associated with 
the fuel system or engine misfire is it appropriate to assure the 
vehicle has been operated over the same speed and load conditions 
before determining the malfunction is not recurring. For all other 
malfunctions, the engine speed and load are not pertinent to the 
decision of whether the first malfunction detection was correct or 
incorrect. Therefore, for malfunctions other than those associated with 
fuel system or engine misfire, the vehicle will still have to undergo 
three trips without re-detecting the malfunction, but the engine speed 
and load would not be considered and, therefore, would not have to be 
stored in computer memory.
    It is important to note that recent revisions to the California OBD 
II regulation specify three ``driving cycles'' rather than three 
``trips'' prior to extinguishing the MIL.4 The revised OBD II 
requirements define a driving cycle as ``engine startup, and engine 
shutoff,'' while a ``trip'' is specified as vehicle operation of 
sufficient length such that all components other than the catalyst and 
evaporative system are monitored. The federal OBD regulation specifies 
that all components be monitored periodically, but no less frequently 
than once per Urban Dynamometer Driving Schedule (UDDS) or similar 
``trip.'' The preamble to the Agency's final rulemaking also states 
that all components monitored by the OBD system shall be evaluated at 
least once every trip, with one CVS-72 driving cycle qualifying as a 
trip.5

    \4\ California Air Resources Board Mail-Out #95-03.
    \5\ The CVS-72 driving cycle is equivalent to the UDDS as 
defined in 40 CFR part 86, Appendix I, paragraph (a).
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    Therefore, under the OBD II regulation, MIL illumination associated 
with a specific malfunction can effectively be extinguished after three 
successful monitoring events provided the malfunction is not again 
detected 6, regardless of whether or not every component has been 
monitored. Under the federal OBD use of the term ``trip,'' the same 
holds true. The intent being that three subsequent sequential 
successful monitoring events occur without again detecting the 
malfunction prior to extinguishing an illuminated MIL associated with 
that malfunction.

    \6\ Specifically, the MIL may be extinguished after three 
subsequent sequential driving cycles during which the monitoring 
system responsible for illuminating the MIL functions without 
detecting the malfunction.
III. Public Participation and Effective Date

    The Agency is publishing this action as a direct final rule because 
it views the changes contained herein as noncontroversial and 
anticipates no adverse or critical comments. This direct final 
rulemaking alters an existing provision by reducing the required memory 
of vehicle computers and having no resultant impact on OBD 
effectiveness or air quality.
    This action will be effective on October 2, 1995, unless EPA is 
notified by September 1, 1995, that adverse or critical comments will 
be submitted. Should EPA receive such notice, EPA will publish one 
action withdrawing this final action and another proposing this action 
and requesting comments. 

[[Page 39266]]


IV. Administrative Requirements

A. Administrative Designation

    Under Executive Order 12866,7 the Agency must determine 
whether the regulatory action is ``significant'' and therefore subject 
to OMB review and the requirements of the Executive Order. The Order 
defines ``significant regulatory action'' as one that is likely to 
result in a rule that may:

    \7\ 58 FR 51735 (October 4, 1993).


    (1) have an annual effect on the economy of $100 million or more 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with 
an action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or,
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.

    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review. Also, this rule is not subject to 
the Unfunded Mandates Reform Act of 1995, signed into law on March 22, 
1995, because it does not have costs of $100 million or more.

B. Reporting and Recordkeeping Requirements

    This direct final rulemaking does not change the information 
collection requirements submitted to and approved by OMB in association 
with the OBD final rulemaking.8

    \8\ 58 FR 9468, February 19, 1993; and, 59 FR 38372, July 28, 
1994.
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C. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 requires Federal agencies to 
identify potentially adverse impacts of federal regulations upon small 
entities. This direct final rulemaking will provide a small cost 
savings to both large and small volume automobile manufacturers by 
reducing the required computer memory capacity of their vehicle 
computers. This direct final rulemaking will have no impact on 
businesses which manufacture, rebuild, distribute, or sell automotive 
parts, nor those involved in automotive service and repair.
    Therefore, pursuant to section 605(b) of the Regulatory Flexibility 
Act, 5 U.S.C. 605(B) et seq., the Administrator certifies that this 
regulation will not have a significant impact on a substantial number 
of small entities.
D. Paperwork Reduction Act

    The Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq., and 
implementing regulations, 5 CFR Part 1320, do not apply to this action 
as it does not involve the collection of information as defined 
therein.

E. Unfunded Mandates Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act''), signed into law on March 22, 1995, EPA must prepare a 
budgetary impact statement to accompany any proposed or final rule that 
includes a Federal mandate that may result in expenditure by State, 
local, and tribal governments, in the aggregate; or by the private 
sector, of $100 million or more. Under Section 205, EPA must select the 
most cost-effective and least burdensome alternative that achieves the 
objectives of the rule and is consistent with statutory requirements. 
Section 203 requires EPA to establish a plan for informing and advising 
any small governments that may be significantly or uniquely impacted by 
the rule.
    EPA has determined that the action promulgated today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local or tribal governments in the 
aggregate, or to the private sector. This action has the net effect of 
reducing burden of the on-board diagnostic systems on regulated 
entities. Therefore, the requirements of the Unfunded Mandates Act do 
not apply to this action.

F. Electronic Copies of Rulemaking Documents

    Electronic copies of the preamble and the regulatory text of this 
direct final rulemaking are available on the Office of Air Quality 
Planning and Standards (OAQPS) Technology Transfer Network bulletin 
Board System (TTNBBS). Instructions for accessing TTNBBS and 
downloading the relevant files are described below.
    TTNBBS can be accessed using a dial-in telephone line (919) 541-
5742 and a 1200, 2400, or 9600 bps modem (equipment up to 14.4 Kbps can 
be accommodated). The parity of the modem should be set to N or none, 
the data bits to 8, and the stop bits to 1. When first signing on the 
bulletin board, the user will be required to answer some basic 
informational questions to register into the system. After registering, 
proceed through the following options from a series of menus:

(T) Gateway to TTN Technical Areas (Bulletin Boards)
(M) OMS
(K) Rulemaking and Reporting

    At this point, the system will list all available files in the 
chosen category in chronological order with brief descriptions. File 
information can be obtained from the ``READ.ME'' file. To download a 
file, the user needs to choose a file transfer protocol appropriate for 
the user's computer from the options listed on the terminal.
    TTNBBS is available 24 hours a day, 7 days a week except Monday 
morning from 8-12 Eastern Time, when the system is down for maintenance 
and backup. For help in accessing the system, call the systems operator 
at (919) 541-5384 in Research Triangle Park, North Carolina, during 
normal business hours Eastern Time.

List of Subjects in 40 CFR Part 86

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Gasoline, Motor vehicles, Motor vehicle 
pollution, Reporting and recordkeeping requirements.

    Dated: July 25, 1995.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, part 86 of title 40 of the 
Code of Federal Regulations is amended as follows:

PART 86--CONTROL OF AIR POLLUTION FROM NEW AND IN-USE MOTOR 
VEHICLES AND NEW AND IN-USE MOTOR VEHICLE ENGINES: CERTIFICATION 
AND TEST PROCEDURES

    1. The authority citation for part 86 continues to read as follows:

    Authority: Secs. 202, 203, 205, 206, 207, 208, 215, 216, 217, 
and 301(a), Clean Air Act, as amended (42 U.S.C. 7521, 7522, 7524, 
7525, 7541, 7542, 7549, 7550, 7552, and 7601(a)).

Subpart A--[Amended]

    2. Section 86.094-17 is amended by revising paragraph (d) to read 
as follows:


Sec. 86.094-17  Emission control diagnostic system for 1994 and later 
light-duty vehicles and light-duty trucks.

* * * * *
    (d) The MIL shall illuminate and remain illuminated when any of the 
conditions specified in paragraphs (a) and (b) of this section are met, 
or 

[[Page 39267]]
whenever the engine control enters a default or secondary mode of 
operation. The MIL shall blink under any period of operation during 
which engine misfire is occurring at a level likely to cause catalyst 
damage as determined by the manufacturer. The MIL shall also illuminate 
when the vehicle's ignition is in the ``key-on'' position before engine 
starting or cranking and extinguish after engine starting if no 
malfunction has previously been detected. If a fuel system or engine 
misfire malfunction has previously been detected, the MIL may be 
extinguished if the malfunction does not reoccur during three 
subsequent sequential trips during which engine speed is within 375 
rpm, engine load is within 10 percent, and the engine's warm-up status 
is the same as that under which the malfunction was first detected, and 
no new malfunctions have been detected. If any malfunction other than a 
fuel system or engine misfire malfunction has been detected, the MIL 
may be extinguished if the malfunction does not reoccur during three 
subsequent sequential trips during which the monitoring system 
responsible for illuminating the MIL functions without detecting the 
malfunction, and no new malfunctions have been detected.
* * * * *
[FR Doc. 95-18990 Filed 8-1-95; 8:45 am]
BILLING CODE 6560-50-P