[Federal Register Volume 61, Number 152 (Tuesday, August 6, 1996)]
[Rules and Regulations]
[Pages 40940-40948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19409]



[[Page 40939]]


_______________________________________________________________________

Part III





Environmental Protection Agency





_______________________________________________________________________



40 CFR Parts 51 and 85



I/M Program Requirement--On-Board Diagnostic Checks; Final Rule

  Federal Register / Vol. 61, No. 152 / Tuesday, August 6, 1996 / Rules 
and Regulations  

[[Page 40940]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 85

[FRL-5543-7]
RIN 2060-AE19


I/M Program Requirement--On-Board Diagnostic Checks

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Today's action revises the motor vehicle Inspection/
Maintenance (I/M) Program Requirements. This rule establishes the 
minimum requirements for inspecting vehicles equipped with on-board 
diagnostic systems as part of the inspections required in basic and 
enhanced Inspection/Maintenance programs. Inspection/Maintenance 
programs are an important part of EPA's overall program to decrease the 
emissions of harmful pollutants from motor vehicles and bring all areas 
in the United States into attainment with the goals of the Clean Air 
Act.

EFFECTIVE DATE: This regulation is effective October 7, 1996. The 
incorporation by reference of certain publications listed in this 
regulation is approved by the Director of the Federal Register as of 
October 7, 1996.

ADDRESSES: Materials relevant to this rulemaking are contained in 
Public Docket No. A-94-21. The docket is located at the Air Docket, 
(LE-131) Room 1500 M, 1st Floor, Waterside Mall, 401 M Street SW, 
Washington, DC, 20460. The docket may be inspected between 8:00 a.m. 
and 5:30 p.m. on weekdays. A reasonable fee may be charged for copying 
docket material. Electronic copies of the preamble and the regulatory 
text of this rulemaking are available on the Office of Air Quality 
Planning and Standards (OAQPS) Technology Transfer Network Bulletin 
Board System (TTN BBS) and the Office of Mobile Sources' World Wide Web 
cite, http://www.epa.gov/OMSWWW/.

FOR FURTHER INFORMATION CONTACT: Leila Cook, Office of Mobile Sources, 
National Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann 
Arbor, Michigan, 48105. Telephone (313) 741-7820.

SUPPLEMENTARY INFORMATION:

 Table of Contents

I. Regulated Entities
II. Summary of Rule
III. Authority
IV. Public Participation
    A. Two-Year Data Collection Period
    B. Verifying Codes at Test Station
    C. Consumer Acceptance
    D. State Requirement for Exhaust and Evaporative Tests
    E. Test Report
    F. Unconfirmed Codes
    G. Bi-directional Communication
    H. Monitoring Engine Speed
    I. Test Order
    J. Key On-Engine Running vs. Key On-Engine Off
    K. Warranty Coverage for OBD System
    L. Fuel Economy Monitor
    M. OBD Emission Credits
V. Economic Costs and Benefits
VI. Administrative Requirements
    A. Administrative Designation
    B. Reporting and Recordkeeping Requirement
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Act
    E. Small Business Regulatory Enforcement Fairness Act

I. Regulated Entities

    Entities potentially regulated by this action are those that are 
required to implement Inspection/Maintenance programs. Regulated 
categories and entities include:

------------------------------------------------------------------------
                                                Examples of regulated   
                 Category                             entities          
------------------------------------------------------------------------
State and Local Government................  State and local governments 
                                             required to implement I/M  
                                             programs by the Clean Air  
                                             Act.                       
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your state or local government is regulated by this action, you should 
examine the applicability criteria in Sec. 51.350 of title 40 of the 
Code of Federal Regulations. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.

II. Summary of Rule

    Motor vehicle inspection and maintenance (I/M) programs are an 
integral part of the effort to reduce mobile source air pollution. The 
Clean Air Act as amended in 1990, 42 U.S.C. 7401, et seq. (hereinafter 
``the Act''), was prescriptive with respect to certain aspects of the 
I/M program design. In particular, section 202(m)(3) of the Act directs 
EPA to require on-board diagnostic (OBD) system checks as a component 
of I/M programs. In addition, section 182(a)(2)(B)(ii) of the Act 
requires that states revise their I/M programs within two years after 
promulgation of regulations under section 202(m)(3) to meet the 
requirements of those regulations.
    With this action, EPA is establishing requirements for the 
inspection of on-board diagnostic systems as part of I/M programs. This 
action amends those sections of the Inspection/Maintenance Program 
Requirements in subpart S, 40 CFR part 51 (November 5, 1992) that were 
reserved for OBD requirements, and elsewhere as needed. This action 
adds to sections of subpart S pertaining to data collection and 
analysis as well as implementation deadlines. This action also adds to 
appendix B of subpart S pertaining to test procedures. Finally, this 
action adds to subpart W of 40 CFR part 85 pertaining to test 
procedures, test equipment, and standards for failure for purposes of 
the emission control system performance warranty.
    Today's action establishes the test procedures and requirements for 
the on-board diagnostic (OBD) computer test portion of the I/M test. 
OBD testing of all 1996 and newer model year vehicles will be required 
in all I/M programs (basic and enhanced) beginning January 1, 1998 
except that areas in the Northeast Ozone Transport Region (OTR) 
eligible to implement an OTR low enhanced I/M program must begin OBD 
testing by January 1, 1999. Failure of the OBD test will not result in 
mandatory repair until January 1, 2000. During this two year test-only 
period, EPA in cooperation with states and motor vehicle manufacturers 
hopes to gather data on the effectiveness of OBD.

III. Authority

    Authority for these actions is granted to EPA by sections 
182(a)(2)(B)(ii), 182(c)(3), 202(m)(3), 207(b), and 301(a) of the Clean 
Air Act as amended, 42 U.S.C. 7511a(a)(2)(B)(ii), 7511a(c)(3), 
7521(m)(3), 7541(b), and 7601(a).

IV. Public Participation

A. Two-Year Data Collection Period

1. Summary of Proposal
    The proposal required that all vehicles subject to an I/M test 
requirement undergo an OBD test beginning January 1, 1998. The proposal 
also stated that any vehicle which failed the OBD portion of the I/M 
test would fail the I/M test as of January 1, 1998. One of the possible 
reasons for failing the OBD test would be if all the vehicle's 
readiness codes were not cleared when it arrived at the test station. 
The readiness code status provides an indication of whether or not

[[Page 40941]]

a specific monitor has been exercised. A code is set when the monitor 
has not yet had a sufficient chance to make an accurate evaluation of 
the component's operation. The readiness code is cleared when an 
accurate determination has been made, thus indicating I/M readiness.
2. Summary of Comments
    On September 26, 1995, several vehicle manufacturers met with EPA 
to discuss the OBD rule. At this meeting and again in written comments, 
manufacturers expressed the concern that vehicles would be rejected 
from testing because all the OBD readiness codes for the vehicle would 
not be cleared when the vehicle arrived at the test station. In 
particular, the manufacturers were concerned that extreme cold weather 
or high altitude might prevent certain readiness codes from clearing. 
Since that time, three manufacturers have notified EPA that there were 
problems with the design of the OBD readiness codes in a portion of the 
1996 model year fleet and that it was likely that all of the codes 
would not be cleared when these vehicles arrived at the test station 
even though the vehicle was functioning normally. Some commenters also 
noted that OBD system checks should be incorporated in a manner that 
encourages public support and acceptance of OBD systems, especially 
during the early stages of implementation when technology for OBD 
systems is still relatively new. To deal with these issues, 
stakeholders suggested that a data collection period on the OBD system 
would be prudent. This would give EPA, the states, and the 
manufacturers time to assess the effectiveness of the OBD tests, 
identify any problems, and implement refinements.
3. Response to Comments
    EPA agrees with commenters that because the OBD technology is new, 
a period of study is warranted. Therefore, although this action makes 
OBD testing mandatory for most I/M programs as of January 1, 1998, for 
the first two years of the program, until December 31, 1999, vehicles 
that fail the OBD test will not automatically fail the I/M test or be 
required to obtain repairs. From January 1, 1998 to December 31, 1999, 
vehicles that fail the OBD test can still pass the I/M test provided 
they undergo and pass the tail-pipe emission test, and, where 
applicable, the evaporative system tests. This will give EPA, the 
states, and vehicle manufacturers two years to collect data on OBD test 
results and the interaction between OBD test failures and exhaust and 
evaporative test results. This test period should allow for the 
resolution of any vehicle software problems to ensure that vehicle 
owners will not be turned away from the test center solely because of 
the way in which their vehicle's readiness codes were programmed. In 
addition, this two-year period will allow time to correct any other 
unforeseen problems that may arise with readiness and diagnostic 
trouble codes or any other element of OBD testing. By providing this 
test-only period, EPA hopes to identify and solve potential problems so 
that consumers will face the least amount of inconvenience possible.
    EPA does not believe there will be any lost emission reductions as 
a result of this two-year data collection period because most vehicles 
will still have to undergo tailpipe emission and, where applicable, 
evaporative tests. Furthermore, since OBD testing is only required on 
1996 and newer vehicles, these vehicles will still be new and ``clean'' 
in 1998 and 1999. Because of this, EPA expects that very few of these 
vehicles will fail the I/M test.
    EPA considered providing more detailed guidance on what the vehicle 
operator should be told (beginning in 2000) in the event their vehicle 
is rejected from testing because all of its readiness codes are not 
cleared. The proposed language of Sec. 85.2223(a)(3) stated that the 
operator should be told to return after driving the vehicle ``long 
enough'' to allow the readiness codes to clear. Because time is not the 
only condition which will affect readiness code status, EPA changed 
this language (now in Sec. 85.2222(c)) to provide that the operator be 
told to return after driving the vehicle under the conditions necessary 
for it to provide an accurate readiness determination.
    At this time, EPA does not feel it is appropriate to specify in the 
regulation what the vehicle operator should be told and instead 
believes it is best left to the states to devise a solution that meets 
local program needs. As a result of the general language in this 
portion of the regulation, it is imperative that I/M inspectors obtain 
education about OBD so they can assess each individual operator's 
situation and provide advice on what should be done to ensure that the 
vehicle is ready when it returns to the test station. By way of 
example, EPA is including the following scenarios. First, evaporative 
system leak detection monitors generally require ambient temperatures 
above 40 degrees Fahrenheit, and an overnight soak or extended period 
of non-operation, prior to exercising the monitor. In a situation where 
the evaporative system readiness code is not cleared, an operator 
should be told to return after starting their vehicle in warmer ambient 
temperature conditions with a near full tank of gasoline. Second, 
continued low-speed operation could provide little opportunity for 
exercising the exhaust gas recirculation (EGR) monitor. In a situation 
where the EGR readiness code has not cleared, an operator should be 
told to return after driving at higher speeds on the highway so that 
EGR would occur and the EGR monitor could be exercised.

B. Verifying Codes at Test Station

1. Summary of Proposal
    Under the proposal any vehicle whose malfunction indicator light 
(MIL) is commanded to be illuminated and who has certain diagnostic 
trouble codes (DTCs) present fails the OBD test.
2. Summary of Comments
    One commenter urged EPA to establish a procedure to determine at 
the test center if a DTC could be false.
3. Response to Comments
    Currently, the technology is not available to determine if a DTC is 
false at the test center. EPA believes that the two-year test period 
discussed above in section V.A will allow for development and 
refinement of OBD systems so that false failures will be less likely.

C. Consumer Acceptance

1. Summary of Proposal
    The proposal required that all vehicles that are subject to I/M 
testing undergo the OBD test and the exhaust and evaporative test if 
applicable. If a vehicle fails any one of the three tests, it fails the 
I/M test and must have whatever repairs are necessary (up to the 
monetary waiver limit) to pass a retest.
2. Summary of Comments
    One commenter noted that the general public might resist having 
emission repairs that are necessary to pass the OBD test if the 
tailpipe emission test determines that the vehicle is ``clean.''
3. Response to Comments
    Section 202(m)(3) of the Clean Air Act requires OBD testing as a 
component of all I/M programs. This commenter's concern illustrates the 
need for consumer education and awareness of the importance of OBD 
systems and OBD testing. The possibility exists that a vehicle will 
pass the tailpipe emission test (i.e., testing ``clean'') and still 
fail the OBD check. This result is not inconsistent with the proper 
operation of the OBD system. A failure of the OBD

[[Page 40942]]

check, coupled with a passing of the tailpipe emissions test, may be an 
indication of an emission related problem not apparent during the 
tailpipe emission test. For example, an engine misfire condition that 
exists only at high speeds may cause a significant emission increase 
during high speed operation, not to mention posing a serious threat to 
the catalyst. But, if such high speed operation is not part of the 
emission test cycle, the vehicle would appear ``clean.'' EPA believes 
that the two year test-only period discussed in section V.A will allow 
consumers to become familiar with and hopefully understand the 
importance of OBD technology. This data gathering period will also 
allow EPA and the states time to gather information on what percentages 
of vehicles will fail the OBD test but pass the tailpipe emission test.

D. State Requirement for Exhaust and Evaporative Tests

1. Summary of Proposal
    In the proposal, EPA stated that all 1996 and later model year 
vehicles in I/M programs (basic and enhanced) would have to undergo the 
OBD test as well as the applicable exhaust and evaporative test.
2. Summary of Comments
    Two commenters suggested that EPA allow states to not require the 
exhaust and evaporative tests for vehicles that pass the OBD test. The 
commenters felt that these exceptions were warranted because of the 
perceived accuracy of OBD systems and because it would make I/M tests 
more convenient for consumers by decreasing the overall test time for 
those vehicles that pass the OBD test.
3. Response to Comments
    At this time, EPA does not believe that there is sufficient data on 
the efficacy of OBD systems to warrant the omission of the exhaust and 
emission tests for all vehicles that pass the OBD test. However, EPA 
does believe that for vehicles two years old and newer, it is not 
necessary to perform exhaust and evaporative tests since failure rates 
are almost zero for these vehicles. Thus, if a two-year-old or newer 
vehicle is subject to a state's I/M program and passes the OBD test, 
EPA recommends that the state not require the exhaust and evaporative 
test for this vehicle. This will have no impact on emission reduction 
credits for the program. EPA agrees with commenters that not conducting 
the exhaust and evaporative tests on two year-old and newer vehicles 
that pass the OBD test will increase consumer awareness and confidence 
in OBD systems, while decreasing test times and wait times overall. 
This advice is consistent with EPA's past advice that states not test 
vehicles until they are two or three years old (see 57 FR 52950, 
52957). EPA believes this is advisable because virtually all of these 
vehicles pass the emission and evaporative tests.
    EPA is reluctant to recommend not giving evaporative and tailpipe 
emission tests to vehicles that pass the OBD test to vehicles beyond 
two years old without additional information about OBD effectiveness at 
malfunction identification. EPA has consistently stated the hope that 
OBD checks will eventually become a substitute for more traditional I/M 
tests in the future. The two-year OBD data collection period discussed 
in section V.A will give states and EPA time to collect data on the 
effectiveness of OBD at identifying some emission problems. Because OBD 
is only required in 1996 and later model year vehicles, EPA believes 
that this timeframe, while adequate to solve any problems with the OBD 
test, will not be sufficient to assess the effectiveness of the OBD 
system in identifying the wide range of failures that occur as vehicles 
age. As sufficient aging of the fleet occurs, EPA will reevaluate the 
adequacy of OBD as a substitute for more traditional I/M test 
procedures.
    In addition, due to the new flexibility allowed states in the types 
of I/M programs they implement, there will be a variety of different 
testing programs emerging. EPA needs time to evaluate the different 
exhaust and evaporative tests states will use to determine if each type 
of test is more or less effective than an OBD test. Thus, in the 
future, whether or not passage of the OBD test should influence whether 
a state chooses to conduct an exhaust and evaporative test may depend 
on the type of exhaust and evaporative tests that are conducted.
    For these reasons, EPA is not comfortable recommending that states 
omit the traditional exhaust and evaporative test requirements for 
vehicles over two-years-old that pass the OBD test.

E. Test Report

1. Summary of Proposal
    In the notice of proposed rulemaking, EPA proposed that any fault 
codes that were retrieved during the OBD test be printed on the I/M 
test report.
2. Summary of Comments
    Commenters suggested that EPA adopt the SAE J2012 nomenclature as 
the standardized test report language that states would be required to 
use. Commenters also recommended that fault code information only 
appear on the test report if the vehicle fails the exhaust or 
evaporative portions of the I/M test. These were the same commenters 
that recommended that vehicles should only fail I/M if they fail the 
exhaust or evaporative test. Lastly, commenters suggested that a 
disclaimer be included on the test report which warned owners of failed 
vehicles that multiple or unrelated fault codes could be caused by 
temporary emission problems which on subsequent evaluations could prove 
to be fine.
3. Response to Comments
    EPA agrees with commenters that standardized test report language 
would make it easier for the repair industry to diagnose the reason for 
the fault. For this reason, today's action adopts the SAE J2012 
nomenclature as the standard test report language. Moreover, to 
decrease consumer confusion, today's action only requires printing 
fault codes on the test report when the vehicle fails the OBD test. For 
the test-only period of 1998 and 1999, OBD test information will appear 
on the test report whenever the vehicle ``fails'' the OBD test, even 
though failure of the OBD test will not cause failure of the I/M.test. 
EPA is requiring this because it is important that consumers be aware 
that their vehicle may be experiencing a problem despite the tailpipe 
emission test results. While EPA did not adopt the exact disclaimer 
language suggested by commenters, it is requiring similar language be 
printed on the test report in the event of failure of the OBD test (see 
40 CFR 85.2223(c)). EPA believes this language provides the type of 
information suggested by the commenters. EPA also believes that this 
standardized language will help educate consumers on the operation of 
OBD and the fact that professional diagnosis is necessary to determine 
the source of the failure.

F. Unconfirmed Codes

1. Summary of Proposal
    The proposal did not specify which modes should be examined during 
the OBD test.
2. Summary of Comments
    Commenters suggested specific language which they felt should be 
added to the final rule to clarify that fault codes stored in modes #5, 
#6, and

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#7 (which store recent test results for various monitors), in 
accordance with SAE J1979, are not confirmed and therefore should not 
be considered for OBD test purposes.
3. Response to comments
    EPA did not intend fault codes stored in pending or unconfirmed 
modes (i.e., the codes stored on modes #5, #6, and #7) to be a basis 
for an OBD test failure. EPA also did not intend to retrieve 
information from modes #2 and #4 which do not store information which 
is relevant to I/M testing. To clarify this point, this action 
explicitly requires that after retrieving the number of stored codes 
from mode #1, only fault codes in mode #3 (which contains the actual 
stored trouble codes) be considered for OBD test purposes. Limiting 
code retrieval to mode #3 ensures retrieval of those trouble codes 
verified as accurate by the OBD system. Because of this change, EPA 
believes that the exact language proposed by the commenters is no 
longer necessary and did not include it in this action.

G. Bi-Directional Communication

1. Summary of Proposal
    The proposal required that OBD test equipment be capable of bi-
directional communication to allow for non-intrusive purge and pressure 
tests.
2. Summary of Comments
    EPA received comments that the bi-directional communication 
requirement be limited to Mode #8 for activation of the canister vent 
solenoid. This would allow the I/M lane personnel to close the 
evaporative purge solenoid in order to allow pressurization of the 
evaporative system via the evaporative service port or other means. The 
commenter noted that other bi-direction communication with the OBD 
system is for service, and not I/M inspection, purposes.
3. Response to Comments
    Because EPA is not sure whether all OBD scan tools will include 
built-in safeguards, EPA is limiting bi-directional communication to 
Mode #8 for the evaporative system solenoid in order to prevent I/M 
inspectors from sending unintentional commands to the vehicle. 
Providing for this one area of bi-directional communication will permit 
the inspector to close the evaporative system prior to the I/M pressure 
test being conducted. By limiting bi-directional communication, today's 
action precludes the possibility that the inspector will accidentally 
activate an engine control actuator and cause a problem during the 
test.

H. Monitoring Engine Speed

1. Summary of Issue
    Although monitoring engine speed (RPM) was not directly addressed 
by the OBD proposal, commenters felt that this action would be an 
appropriate place to require the use of OBD connectors on 1996 and 
newer model years to access the RPM signal during I/M testing. 
Currently, I/M testing stations use a variety of external measurement 
techniques to determine RPM. Commenters noted that whenever possible an 
OBD connector should be used for RPM monitoring because the OBD 
connector is far more consistent and accurate than external RPM 
monitoring devices.
2. EPA Response
    EPA agrees with commenters that because the OBD connector is the 
most accurate method of measuring RPM it should be used to measure RPM 
in all possible instances. Therefore, this action revises the test 
procedures in part 51, subpart S, appendix B and part 85, subpart W to 
require the use of the standardized OBD connector to access the RPM 
signal whenever RPM monitoring is required on 1996 and newer model year 
vehicles. While OBD is the preferred method of measuring RPM (for 
vehicles with OBD systems), alternative measures can be used in the 
event the OBD system fails to provide the RPM information. EPA does not 
believe further notice and comment is necessary on this issue because 
this revision rose out of the issues addressed in the proposal, it was 
supported in the comments, and because EPA is allowing alternative 
measures of RPM in the event an OBD reading is unavailable.
    After the close of the comment period a stakeholder contacted EPA 
to inquire whether the OBD system's failure to provide an RPM signal 
would result in the failure of the OBD test. The regulations contained 
in today's action do not list RPM failure as a basis for OBD test 
failure because RPM information is used for traditional tailpipe 
emission purposes and is not a necessary part of the OBD test.

I. Test Order

1. Summary of Proposal
    EPA requested comments in the proposal regarding whether an OBD 
check could be conducted during the I/M exhaust test.
2. Summary of Comments
    Commenters noted that they did not foresee any adverse effects from 
conducting the OBD and exhaust tests simultaneously but that only field 
experience would tell for certain.
3. Response to Comments
    As there are no foreseen adverse consequences of conducting the 
exhaust and OBD test simultaneously, this action leaves it up to the 
state to determine whether they want to conduct the tests separately or 
simultaneously.

J. Key On-Engine Running vs. Key On-Engine Off

1. Summary of Proposal
    The proposed action would have allowed the OBD test to be performed 
with the vehicle in either the key on-engine running (KOER) or the key 
on-engine off (KOEO) position.
2. Summary of Comments
    Commenters felt that the OBD test should only be conducted in the 
KOER mode to avoid possible problems from the initial OBD self-check on 
engine start.
3. Response to Comments
    EPA agrees with commenters that in an effort to avoid issues 
regarding the OBD self-check on engine start, the OBD test should only 
perform when the key is in the KOER position. Therefore, this action 
requires that the vehicle be in the KOER position during the OBD test.

K. Warranty Coverage for OBD System

1. Summary of Issue
    One commenter noted that the proposal failed to specify how the OBD 
systems are to be classified for warranty purposes.
2. EPA Response
    The OBD test is a Clean Air Act Section 207(b) warranty short test. 
The short test performance warranty covers vehicles only up to the 2 
year, 24,000 mile emission performance warranty period described in 40 
CFR 85.2103, except that nonconformities that result from the failure 
of the OBD computer or from the failure of certain emission components 
that are monitored by the OBD system, i.e., the catalyst or the ECU, 
are covered during the period of the 8 year, 80,000 mile defect 
warranty.

L. Fuel Economy Monitor

1. Summary of Issue
    One commenter believed that EPA should require automobile 
manufacturers to install a fuel economy monitor in addition to the 
malfunction indicator light (MIL) on the dashboard of all vehicles. 
This monitor would tell the driver how many miles to the gallon

[[Page 40944]]

the vehicle is currently obtaining. The commenter felt that this fuel 
efficiency monitor would provide motorists with an immediate incentive 
to repair emission related malfunctions (when the MIL light 
illuminated) because they could see how it was affecting their fuel 
economy.
2. EPA Response
    While EPA appreciated the ingenuity of this proposal, this is not 
something that can be addressed in this action. In addition, it is not 
clear that EPA has the authority to require such an indicator.

M. OBD Emission Credits

1. Summary of Proposal
    In the proposal, EPA explained that states would not receive 
additional emission reduction credits relative to the I/M performance 
standard for implementing OBD inspections because the OBD test was 
already included as an element of the performance standard and a 
specifically required component of the program in the original I/M rule 
(57 FR 52950, November 5, 1992). Nonetheless, the proposal noted that 
while OBD inspections do not generate additional emission reduction 
credits, they may actually generate benefits. EPA estimated the 
magnitude of these benefits in the original OBD rule (58 FR 9482-9483). 
Benefits were not expected in the early years of OBD programs because 
fewer vehicles would have OBD systems and such vehicles would be newer 
``clean'' vehicles. In the proposal, EPA noted that it would be 
assessing the contribution of OBD inspections once OBD testing begins 
and will take such assessment into account in later modeling.
2. Summary of Comments
    One comment addressed this issue. This commenter felt that EPA 
should give additional emission reduction credits for OBD inspections 
beginning in 1998. The commenter urged EPA to conduct research on the 
effectiveness of OBD at identifying ``dirty'' cars that emission tests 
do not identify so that EPA can develop credits in the future.
3. Response to Comments
    At this time, EPA does not believe that additional credits are 
warranted for OBD inspections for the reasons given in the proposal. 
However, EPA does plan to evaluate the data it receives from states to 
quantify any additional emission reduction benefits from OBD.

V. Economic Costs and Benefits

    Code inspections will not add significantly to the time or cost for 
an inspection due to the rapid connection and data transfer 
capabilities which have been developed by industry and are required by 
EPA's OBD rule. Each I/M lane will need to purchase the equipment 
necessary for OBD interrogation. However, this equipment is relatively 
inexpensive and these costs may be distributed over thousands of tests. 
For enhanced I/M programs, the capital and maintenance costs associated 
with conducting OBD tests have been calculated to be $0.05 per test. 
The OBD cost for basic centralized I/M programs is only $0.025 per test 
due to the higher volume of cars that can be inspected in these lanes. 
The total cost of incorporating OBD inspections into enhanced and basic 
centralized programs nationwide has been calculated to be about $1.7 
million.
    Assuming that 1200 tests will be conducted with every scan tool, 
the incorporation of OBD inspections into test-and-repair programs has 
been calculated to be about $2 million. Thus, the total cost of 
incorporating OBD inspections into all I/M programs is $3.7 million.
    In addition to improving the identification of high emitting 
vehicles in an I/M program, OBD systems will also be of great utility 
in the repair of vehicles which fail the inspection, including the 
exhaust emission test. OBD will speed identification of the responsible 
component, and help avoid trial and error replacement of components.

VI. Administrative Requirements

A. Administrative Designation

    Under Executive Order 12866, 58 FR 51,735 (October 4, 1993) 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:
    (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. Any impacts associated with these 
requirements do not exceed the impacts that were dealt with in the I/M 
requirements published in the Federal Register on November 5, 1992 (57 
FR 52950). This regulation is not expected to be controversial. This 
regulation does not raise any of the issues associated with 
``significant regulatory actions.'' It does not create an annual effect 
on the economy of $100 million or more or otherwise adversely affect 
the economy or the environment. The total cost of incorporating OBD 
inspections into all I/M programs nationwide has been calculated to be 
less than $4 million. It is not inconsistent with nor does it interfere 
with actions by other agencies. It does not alter budgetary impacts of 
entitlements or other programs, and it does not raise any new or 
unusual legal or policy issues. Accordingly, it is appropriate to 
consider this a ``non-significant'' or ``minor'' rule action and it 
should be exempt from OMB review.

B. Reporting and Recordkeeping Requirement

    This rule only marginally increases the existing burden through the 
addition of requirements to electronically capture and store one 
additional data element (existing diagnostic trouble codes) and to 
provide EPA with 13 additional summary statistics based on this 
information. The existing collection expired on February 28, 1996 (OMB 
No. 2060-0252). This additional burden will not be imposed until after 
the Information Collection Request has been renewed. When the current 
Information Collection Request is renewed, any modifications necessary 
to incorporate OBD inspection data collection will be made. These few 
additional elements will not add a measurable amount to the existing 
estimated burden of 85 hours.

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), the Administrator certifies that this action will not 
have a significant economic impact on a substantial number of small 
entities and, therefore, is not subject to the requirement of a 
Regulatory Flexibility. A small entity may include a small government 
entity or jurisdiction. A small government jurisdiction is defined as 
``governments of cities, counties, towns, townships, villages, school 
districts, or special

[[Page 40945]]

districts, with a population of less than 50,000.'' This certification 
is based on the fact that the I/M areas impacted by this rulemaking do 
not meet the definition of a small government jurisdiction, that is, 
``governments of cities, counties, towns, townships, villages, school 
districts, or special districts, with a population of less than 
50,000.''

D. Unfunded Mandates Act

    Under 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 where the estimated costs to state, local or tribal governments, 
or to the private sector, will be $100 million or more. Under section 
205, EPA must select the most cost-effective and least burdensome 
alternative that achieves the objective 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 impacted by the rule.
    To the extent that the rules being promulgated by this action would 
impose any mandate as defined in section 101 of the Unfunded Mandates 
Act upon the state, local, or tribal governments, or the private 
sector, as explained above, this rule is not estimated to impose costs 
in excess of $100 million. Therefore, EPA has not prepared a statement 
with respect to budgetary impacts.

E. Small Business Regulatory Enforcement Fairness Act

    Under section 801(a)(1)(A) of the Administrative Procedures Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of the rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.

List of Subjects

40 CFR Part 51

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Carbon monoxide, Intergovernmental relations, 
Lead, Motor vehicle pollution, Nitrogen oxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

40 CFR Part 85

    Confidential business information, Imports, Incorporation by 
reference, Labeling, Motor vehicle pollution, Reporting and 
recordkeeping requirements, Research, Warranties.

    Dated: July 22, 1996.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, parts 51 and 85 of chapter 
I, title 40 of the Code of Federal Regulations are amended as follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF 
IMPLEMENTATION PLANS

    1. The authority citation for part 51 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. Section 51.351 is amended by adding text to paragraph (c) to 
read as follows:


Sec. 51.351  Enhanced I/M performance standard.

* * * * *
    (c) On-board diagnostics (OBD). The performance standard shall 
include inspection of all 1996 and newer light-duty vehicles and light-
duty trucks equipped with certified on-board diagnostic systems 
pursuant to 40 CFR 86.094-17, and repair of malfunctions or system 
deterioration identified by or affecting OBD systems as specified in 
Sec. 51.357.
* * * * *
    3. Section 51.352 is amended by revising paragraph (c) to read as 
follows:


Sec. 51.352  Basic I/M performance standard.

* * * * *
    (c) On-board diagnostics (OBD). The performance standard shall 
include inspection of all 1996 and newer light-duty vehicles and light-
duty trucks equipped with certified OBD systems pursuant to 40 CFR 
86.094-17, and repair of malfunctions or system deterioration 
identified by or affecting OBD systems as specified in Sec. 51.357.
* * * * *
    4. Section 51.357 is amended by adding text to paragraphs (a)(12) 
and (b)(4) to read as follows:


Sec. 51.357  Test procedures and standards.

* * * * *
    (a) * * *
    (12) On-board diagnostic checks. Inspection of the on-board 
diagnostic system shall be according to the procedure described in 40 
CFR 85.2222, at a minimum.
* * * * *
    (b) * * *
    (4) On-board diagnostics test standards. Vehicles shall fail the 
on-board diagnostic test if they fail to meet the requirements of 40 
CFR 85.2207, at a minimum. Failure of the on-board diagnostic test need 
not result in failure of the vehicle inspection/maintenance test until 
January 1, 2000.
* * * * *
    5. Section 51.358 is amended by adding text to paragraph (b)(4) to 
read as follows:


Sec. 51.358  Test equipment.

* * * * *
    (b) * * *
    (4) On-board diagnostic test equipment requirements. The test 
equipment used to perform on-board diagnostic inspections shall 
function as specified in 40 CFR 85.2231.
* * * * *
    6. Section 51.365 is amended by adding paragraph (a)(25); by 
removing the word ``and'' at the end of paragraph (a)(23); and by 
removing the period at the end of paragraph (a)(24) and adding in its 
place ``; and'' to read as follows:


Sec. 51.365  Data collection.

* * * * *
    (a) * * *
    (25) Results of the on-board diagnostic check expressed as a pass 
or fail along with the diagnostic trouble codes revealed.
* * * * *
    7. Section 51.366 is amended by adding paragraph (a)(2)(xi) through 
(a)(2)(xxiii); by removing the word ``and'' at the end of paragraph 
(a)(2)(ix) to read as follows:


Sec. 51.366  Data analysis and reporting.

* * * * *
    (a) * * *
    (2) * * *
    (xi) Passing the on-board diagnostic check and failing the I/M 
emission test;
    (xii) Failing the on-board diagnostic check and passing the I/M 
emission test;
    (xiii) Passing both the on-board diagnostic check and I/M emission 
test;
    (xiv) Failing both the on-board diagnostic check and I/M emission 
test;
    (xv) Passing the on-board diagnostic check and failing the I/M 
evaporative test;
    (xvi) Failing the on-board diagnostic check and passing the I/M 
evaporative test;
    (xvii) Passing both the on-board diagnostic check and I/M 
evaporative test;
    (xviii) Failing both the on-board diagnostic check and I/M 
evaporative test;
    (xix) MIL is commanded on and no codes are stored;

[[Page 40946]]

    (xx) MIL is not commanded on and codes are stored;
    (xxi) MIL is commanded on and codes are stored;
    (xxii) MIL is not commanded on and codes are not stored;
    (xxiii) Readiness status indicates that the evaluation is not 
complete for any module supported by on-board diagnostic systems;
* * * * *
    8. Section 51.372 is amended by revising paragraph (b)(3) to read 
as follows:


Sec. 51. 372  State implementation plan submissions.

* * * * *
    (b) * * *
    (3) States shall revise SIPS as EPA develops further regulations. 
Revisions to incorporate on-board diagnostic checks in the I/M program 
shall be submitted by August 6, 1996.
* * * * *
    9. Section 51.373 is amended by adding paragraph (g) to read as 
follows:


Sec. 51.373  Implementation deadlines.

* * * * *
    (g) Areas qualifying for the Ozone Transport Region (OTR) low-
enhanced performance standard shall implement on-board diagnostic 
checks by January 1, 1999. In all other areas, on-board diagnostic 
checks shall be implemented as part of the I/M program by January 1, 
1998.
    10. Appendix B to subpart S of part 51 is amended by revising 
paragraphs (I)(b)(2)(ii), (II)(b)(2)(ii), (III)(b)(2)(iv), 
(IV)(b)(2)(ii), (V)(b)(2)(iv) and (VI)(b)(2)(ii) to read as follows:

APPENDIX B TO SUBPART S--TEST PROCEDURES

    (I) * * *
    (b) * * *
    (2) * * *
    (ii) For all pre-1996 model year vehicles, a tachometer shall be 
attached to the vehicle in accordance with the analyzer manufacturer's 
instructions. For 1996 and newer model year vehicles the OBD data link 
connector will be used to monitor RPM. In the event that an OBD data 
link connector is not available or that an RPM signal is not available 
over the data link connector, a tachometer shall be used instead.
* * * * *
    (II) * * *
    (b) * * *
    (2) * * *
    (ii) For all pre-1996 model year vehicles, a tachometer shall be 
attached to the vehicle in accordance with the analyzer manufacturer's 
instructions. For 1996 and newer model year vehicles the OBD data link 
connector will be used to monitor RPM. In the event that an OBD data 
link connector is not available or that an RPM signal is not available 
over the data link connector, a tachometer shall be used instead.
* * * * *
    (III) * * *
    (b) * * *
    (2) * * *
    (iv) For all pre-1996 model year vehicles, a tachometer shall be 
attached to the vehicle in accordance with the analyzer manufacturer's 
instructions. For 1996 and newer model year vehicles the OBD data link 
connector will be used to monitor RPM. In the event that an OBD data 
link connector is not available or that an RPM signal is not available 
over the data link connector, a tachometer shall be used instead.
* * * * *
    (IV) * * *
    (b) * * *
    (2) * * *
    (ii) For all pre-1996 model year vehicles, a tachometer shall be 
attached to the vehicle in accordance with the analyzer manufacturer's 
instructions. For 1996 and newer model year vehicles the OBD data link 
connector will be used to monitor RPM. In the event that an OBD data 
link connector is not available or that an RPM signal is not available 
over the data link connector, a tachometer shall be used instead.
* * * * *
    (V) * * *
    (b) * * *
    (2) * * *
    (iv) For all pre-1996 model year vehicles, a tachometer shall be 
attached to the vehicle in accordance with the analyzer manufacturer's 
instructions. For 1996 and newer model year vehicles the OBD data link 
connector will be used to monitor RPM. In the event that an OBD data 
link connector is not available or that an RPM signal is not available 
over the data link connector, a tachometer shall be used instead.
* * * * *
    (VI) * * *
    (b) * * *
    (2) * * *
    (ii) For all pre-1996 model year vehicles, a tachometer shall be 
attached to the vehicle in accordance with the analyzer manufacturer's 
instructions. For 1996 and newer model year vehicles the OBD data link 
connector will be used to monitor rpm. In the event that an OBD data 
link connector is not available or that an rpm signal is not available 
over the data link connector, a tachometer shall be used instead.
* * * * *

PART 85--CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES AND MOTOR 
VEHICLE ENGINES

    11. The authority citation for part 85 is revised to read as 
follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart W--[Amended]

    12. A new Sec. 85.2207 is added to read as follows:


Sec. 85.2207   On-board diagnostics test standards.

    (a) Beginning January 1, 2000, failure of the on-board diagnostic 
test shall be a basis for failure of the I/M test. Prior to January 1, 
2000 failure of the on-board diagnostic test may be a basis for failure 
of the I/M test.
    (b) A vehicle shall fail the on-board diagnostics test if it is a 
1996 or newer vehicle and the vehicle connector is missing, has been 
tampered with, or is otherwise inoperable.
    (c) A vehicle shall fail the on-board diagnostics test if the 
malfunction indicator light is commanded to be illuminated and it is 
not visually illuminated according to visual inspection.
    (d) A vehicle shall fail the on-board diagnostics test if the 
malfunction indicator light is commanded to be illuminated and any of 
the following OBD codes, as defined by SAE J2012 are present (where X 
refers to any digit). The procedure shall be done in accordance with 
SAE J2012 Diagnostic Trouble Code Definitions, (MAR92). This 
incorporation of reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C.552(a) and 1 CFR part 51. Copies of 
SAE J2012 may be obtained from the Society of Automotive Engineers, 
Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001. Copies may be 
inspected at the EPA Docket No. A-94-21 at EPA's Air Docket, (LE-131) 
Room 1500 M, 1st Floor, Waterside Mall, 401 M Street SW, Washington, 
DC, or at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.
    (1) Any PX1XX Fuel and Air Metering codes.
    (2) Any PX2XX Fuel and Air Metering codes.
    (3) Any PX3XX Ignition System or Misfire codes.
    (4) Any PX4XX Auxiliary Emission Controls codes.
    (5) P0500 Vehicle Speed Sensor Malfunction.
    (6) P0501 Vehicle Speed Sensor Range/Malfunction.
    (7) P0502 Vehicle Speed Sensor Circuit Low Input.

[[Page 40947]]

    (8) P0503 Vehicle Speed Sensor Intermittent/Erratic/High.
    (9) P0505 Idle Control System Malfunction.
    (10) P0506 Idle Control System RPM Lower Than Expected.
    (11) P0507 Idle Control System RPM Higher Than Expected.
    (12) P0510 Closed Throttle Position Switch Malfunction.
    (13) P0550 Power Steering Pressure Sensor Circuit Malfunction.
    (14) P0551 Power Steering Pressure Sensor Circuit Malfunction.
    (15) P0552 Power Steering Pressure Sensor Circuit Low Input.
    (16) P0553 Power Steering Pressure Sensor Circuit Intermittent.
    (17) P0554 Power Steering Pressure Sensor Circuit Intermittent.
    (18) P0560 System Voltage Malfunction.
    (19) P0561 System Voltage Unstable.
    (20) P0562 System Voltage Low.
    (21) P0563 System Voltage High.
    (22) Any PX6XX Computer and Output Circuits codes.
    (23) P0703 Brake Switch Input Malfunction.
    (24) P0705 Transmission Range Sensor Circuit Malfunction (PRNDL 
Input).
    (25) P0706 Transmission Range Sensor Circuit Range/Performance.
    (26) P0707 Transmission Range Sensor Circuit Low Input.
    (27) P0708 Transmission Range Sensor Circuit High Input.
    (28) P0709 Transmission Range Sensor Circuit Intermittent.
    (29) P0719 Torque Converter/Brake Switch ``B'' Circuit Low.
    (30) P0720 Output Speed Sensor Circuit Malfunction.
    (31) P0721 Output Speed Sensor Circuit Range/Performance.
    (32) P0722 Output Speed Sensor Circuit No Signal.
    (33) P0723 Output Speed Sensor Circuit Intermittent.
    (34) P0724 Torque Converter/Brake Switch ``B'' Circuit High.
    (35) P0725 Engine Speed Input Circuit Malfunction.
    (36) P0726 Engine Speed Input Circuit Range/Performance.
    (37) P0727 Engine Speed Input Circuit No Signal.
    (38) P0728 Engine Speed Input Circuit Intermittent.
    (39) P0740 Torque Converter Clutch System Malfunction.
    (40) P0741 Torque Converter System Performance or Stuck Off.
    (41) P0742 Torque Converter Clutch System Stuck On.
    (42) P0743 Torque Converter Clutch System Electrical.
    (43) P0744 Torque Converter Clutch Circuit Intermittent.
    (e) The list of codes shall be updated with future revisions of 
this section, in conjunction with changes to 40 CFR 86.094-17(h)(3).
    13. Section 85.2213 is amended by revising paragraph (b)(2)(ii) to 
read as follows:


Sec. 85.2213   Idle test--EPA 91.

* * * * *
    (b) * * *
    (2) * * *
    (ii) For all pre-1996 model year vehicles, a tachometer shall be 
attached to the vehicle in accordance with the analyzer manufacturer's 
instructions. For 1996 and newer model year vehicles the OBD data link 
connector will be used to monitor RPM. In the event that an OBD data 
link connector is not available or that an RPM signal is not available 
over the data link connector, a tachometer shall be used instead.
* * * * *
    14. Section 85.2215 is amended by revising paragraph (b)(2)(ii) to 
read as follows:


Sec. 85.2215   Two speed idle test--EPA 91.

* * * * *
    (b) * * *
    (2) * * *
    (ii) For all pre-1996 model year vehicles, a tachometer shall be 
attached to the vehicle in accordance with the analyzer manufacturer's 
instructions. For 1996 and newer model year vehicles the OBD data link 
connector will be used to monitor RPM. In the event that an OBD data 
link connector is not available or that an RPM signal is not available 
over the data link connector, a tachometer shall be used instead.
* * * * *
    15. Section 85.2218 is amended by revising paragraph (b)(2)(ii) to 
read as follows:


Sec. 85.2218   Preconditioned idle test--EPA 91.

* * * * *
    (b) * * *.
    (2) * * *
    (ii) For all pre-1996 model year vehicles, a tachometer shall be 
attached to the vehicle in accordance with the analyzer manufacturer's 
instructions. For 1996 and newer model year vehicles the OBD data link 
connector will be used to monitor RPM. In the event that an OBD data 
link connector is not available or that an RPM signal is not available 
over the data link connector, a tachometer shall be used instead.
* * * * *
    16. Section 85.2220 is amended by revising paragraph (b)(2)(ii) to 
read as follows:


Sec. 85.2220   Preconditioned two speed idle test--EPA 91.

* * * * *
    (b) * * *
    (2) * * *
    (ii) For all pre-1996 model year vehicles, a tachometer shall be 
attached to the vehicle in accordance with the analyzer manufacturer's 
instructions. For 1996 and newer model year vehicles the OBD data link 
connector will be used to monitor RPM. In the event that an OBD data 
link connector is not available or that an RPM signal is not available 
over the data link connector, a tachometer shall be used instead.
* * * * *
    17. A new Sec. 85.2222 is added to read as follows:


Sec. 85.2222   On-board diagnostic test procedures.

    The test sequence for the inspection of on-board diagnostic systems 
on 1996 and newer light-duty vehicles and light-duty trucks shall 
consist of the following steps:
    (a) The on-board diagnostic inspection shall be conducted with key-
on/engine-running (KOER).
    (b) The inspector shall locate the vehicle connector and plug the 
test system into the connector.
    (c) The test system shall send a Mode $01, PID $01 request in 
accordance with SAE J1979 to determine the evaluation status of the 
vehicle's on-board diagnostic system. The test system shall determine 
what monitors are supported by the on-board diagnostic system, and the 
readiness evaluation for applicable monitors in accordance with SAE 
J1979. The procedure shall be done in accordance with SAE J1979 ``E/E 
Diagnostic Test Modes,'' (DEC91). This incorporation of reference was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies of SAE J1979 may be obtained 
from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, 
Warrendale, PA 15096-0001. Copies may be inspected at the EPA Docket 
No. A-94-21 at EPA's Air Docket, (LE-131) Room 1500 M, 1st Floor, 
Waterside Mall, 401 M Street SW, Washington, DC, or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC. Beginning January 1, 2000, if the readiness evaluation 
indicates that any on-board tests are not complete the customer shall 
be instructed to return after the vehicle has been run under conditions 
that allow completion of all applicable on-board tests. If the 
readiness evaluation again indicates that any on-board test is not 
complete the vehicle shall be failed.

[[Page 40948]]

    (d) The test system shall evaluate the malfunction indicator light 
status bit and record status information in the vehicle test record.
    (1) If the malfunction indicator status bit indicates that the 
malfunction indicator light has been commanded to be illuminated the 
test system shall send a Mode $03 request to determine the stored 
emission related power train trouble codes. The system shall repeat 
this cycle until the number of codes reported equals the number 
expected based on the Mode 1 response. If any of the codes listed in 
Sec. 85.2207(d) are present they shall be recorded in the vehicle test 
record and the vehicle shall fail the on-board diagnostic inspection.
    (2) If the malfunction indicator light bit is not commanded to be 
illuminated the vehicle shall pass the on-board diagnostic inspection, 
even if codes listed at Sec. 85.2207(d) are present.
    (3) If the malfunction indicator light bit is commanded to be 
illuminated, the inspector shall visually inspect the malfunction 
indicator light to determine if it is illuminated. If the malfunction 
indicator light is commanded to be illuminated but is not, the vehicle 
shall fail the on-board diagnostic inspection.
    18. A new Sec. 85.2223 is added to read as follows:


Sec. 85.2223  On-board diagnostic test report.

    (a) Motorists whose vehicles fail the on-board diagnostic test 
described in Sec. 85.2222 shall be provided with the on-board 
diagnostic test results, including the codes retrieved (as listed in 
paragraph (b) of this section), the status of the MIL illumination 
command, and the customer alert statement (as stated in paragraph (c) 
of this section).
    (b) If any of the following codes are retrieved the corresponding 
component shall be listed on the test report in the following way:

------------------------------------------------------------------------
               Code                               Component             
------------------------------------------------------------------------
PX1XX                               Fuel and Air Metering.              
PX2XX                               Fuel and Air Metering.              
PX3XX                               Ignition System or Misfire.         
PX4XX                               Auxiliary Emission Controls.        
P0500                               Vehicle Speed Sensor.               
P0501                               Vehicle Speed Sensor.               
P0502                               Vehicle Speed Sensor.               
P0503                               Vehicle Speed Sensor.               
P0505                               Idle Control System.                
P0506                               Idle Control System.                
P0507                               Idle Control System.                
P0510                               Closed Throttle Position Switch.    
P0550                               Power Steering Pressure Sensor      
                                     Circuit.                           
P0551                               Power Steering Pressure Sensor      
                                     Circuit.                           
P0552                               Power Steering Pressure Sensor      
                                     Circuit.                           
P0553                               Power Steering Pressure Sensor      
                                     Circuit.                           
P0554                               Power Steering Pressure Sensor      
                                     Circuit.                           
P0560                               System Voltage.                     
P0561                               System Voltage.                     
P0562                               System Voltage.                     
P0563                               System Voltage.                     
PX6XX                               Computer and Output Circuits.       
P0703                               Brake Switch.                       
P0705                               Transmission Range Sensor Circuit.  
P0706                               Transmission Range Sensor Circuit.  
P0707                               Transmission Range Sensor Circuit.  
P0708                               Transmission Range Sensor Circuit.  
P0709                               Transmission Range Sensor Circuit.  
P0719                               Torque Converter/Brake Switch.      
P0720                               Output Speed Sensor.                
P0721                               Output Speed Sensor.                
P0722                               Output Speed Sensor.                
P0723                               Output Speed Sensor.                
P0724                               Torque Converter/Brake Switch.      
P0725                               Engine Speed Input Circuit.         
P0726                               Engine Speed Input Circuit.         
P0727                               Engine Speed Input Circuit.         
P0728                               Engine Speed Input Circuit.         
P0740                               Torque Converter Clutch System.     
P0741                               Torque Converter System.            
P0742                               Torque Converter Clutch System.     
P0743                               Torque Converter Clutch System.     
P0744                               Torque Converter Clutch System.     
------------------------------------------------------------------------

    (c) In addition to any codes which were retrieved, the test report 
shall include the following language:

    Your vehicle's computerized self-diagnostic system (OBD) 
registered the fault(s) listed below. This fault(s) is probably an 
indication of a malfunction of an emission component. However, 
multiple and/or seemingly unrelated faults may be an indication of 
an emission-related problem that occurred previously but upon 
further evaluation by the OBD system was determined to be only 
temporary. Therefore, proper diagnosis by a qualified technician is 
required to positively identify the source of any emission-related 
problem.

    19. A new Sec. 85.2231 is added to read as follows:


Sec. 85.2231  On-board diagnostic test equipment requirements.

    (a) The test system interface to the vehicle shall include a plug 
that conforms to SAE J1962 ``Diagnostic Connector.'' The procedure 
shall be done in accordance with SAE J1962 ``Diagnostic Connector'' 
(JUN92). This incorporation of reference was approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552 (a) and 1 CFR 
part 51. Copies of SAE J1962 may be obtained from the Society of 
Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 
15096-0001. Copies may be inspected at the EPA Docket No. A-94-21 at 
EPA's Air Docket, (LE-131) Room 1500 M, 1st Floor, Waterside Mall, 401 
M Street SW., Washington, DC, or at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.
    (b) The test system shall be capable of communicating via the J1962 
connector with a vehicle certified as complying with the on-board 
diagnostic requirements of 40 CFR 86.094-17.
    (c) The test system shall be capable of checking for the monitors 
supported by the on-board diagnostic system and the evaluation status 
of supported monitors (test complete/test not complete) in Mode $01 PID 
$01, as well as be able to request the diagnostic trouble codes, as 
specified in SAE J1979. In addition, the system shall have the 
capability to include bi-directional communication for control of the 
evaporative canister vent solenoid. SAE J1979 is incorporated by 
reference and approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of all the 
SAE documents cited above may be obtained from the Society of 
Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 
15096-0001. Copies may be inspected at the EPA Docket No. A-94-21 at 
EPA's Air Docket, (LE-131) Room 1500 M, 1st Floor, Waterside Mall, 401 
M Street SW., Washington, DC, or at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.
    (d) The test system shall automatically make a pass, fail, or 
reject decision, as specified in the test procedure in Sec. 85.2222.

[FR Doc. 96-19409 Filed 8-5-96; 8:45 am]
BILLING CODE 6560-50-P