[Federal Register Volume 68, Number 116 (Tuesday, June 17, 2003)]
[Rules and Regulations]
[Pages 35792-35801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14569]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

[FRL-7492-6]
RIN 2060-AJ77


Control of Air Pollution From New Motor Vehicles and New Motor 
Vehicle Engines; Modification of Federal On-Board Diagnostic 
Regulations for: Light-Duty Vehicles, Light-Duty Trucks, Medium Duty 
Passenger Vehicles, Complete Heavy Duty Vehicles and Engines Intended 
for Use in Heavy Duty Vehicles Weighing 14,000 Pounds GVWR or Less; 
Extension of Acceptance of California OBD II Requirements

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to amend and revise certain 
requirements associated with the Federal on-board diagnostic (OBD) 
system regulations. EPA previously promulgated an OBD rulemaking on 
December 22, 1998 (63 FR 70681) which

[[Page 35793]]

indefinitely extended the provision allowing compliance with California 
OBD II requirements to satisfy federal OBD requirements. The California 
Air Resources Board (CARB) has recently revised their OBD II 
requirements and, accordingly, today's rulemaking promulgates 
appropriate revisions to Federal OBD regulations including: an update 
to the acceptable version of the California OBD II regulations that 
allows compliance with California OBD II regulations to satisfy Federal 
OBD regulations; inclusion of relevant sections pertaining to 
California OBD II catalyst monitoring requirements when accepting 
manufacturers' demonstration of compliance with California OBD II; an 
update of the incorporation by reference of standardized practices 
developed by the Society of Automotive Engineers (SAE) and the 
International Organization for Standardization (ISO) to incorporate 
recently published versions, while also incorporating by reference a 
new standardized protocol developed by the International Organization 
for Standardization (ISO) and establishing a future date by which this 
protocol will be the only acceptable protocol; and a technical 
amendment to the optional chassis certification requirements for heavy-
duty (HD) vehicles weighing 14,000 pounds GVWR or less. OBD systems in 
general provide substantial benefits to the environment by diagnosing 
and alerting operators, vehicle inspection and maintenance (I/M) 
personnel, and service providers of deterioration or malfunction of 
emission related control systems.

DATES: This direct final rule becomes effective August 18, 2003 without 
further notice, unless we receive adverse comments by July 17, 2003 or 
we receive a request for a public hearing by July 2, 2003. Should EPA 
receive any adverse comments on this direct final rule, we will publish 
a subsequent action in the Federal Register withdrawing an amendment, 
paragraph, or section of this final rule. The incorporation by 
reference of certain publications listed in the rule is approved August 
18, 2003.

ADDRESSES: All comments and materials relevant to today's action should 
be submitted to Public Docket No. A-2002-20 at the following address: 
EPA Docket Center (EPA/DC), Public Reading Room, Room B102, EPA West 
Building,1301 Constitution Avenue, NW., Washington, DC. The EPA Docket 
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, except on government holidays. You can reach the 
Reading Room by telephone at (202) 566-1742, and by facsimile at (202) 
566-1741. The telephone number for the Air Docket is (202) 566-1742. 
You may be charged a reasonable fee for photocopying docket materials, 
as provided in 40 CFR part 2. A request for hearing should be made to 
the person noted in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Arvon L. Mitcham, Certification and 
Compliance Division, U.S. Environmental Protection Agency, 2000 
Traverwood, Ann Arbor, Michigan 48105, Telephone 734-214-4522, or 
Internet e-mail at ``[email protected].''

SUPPLEMENTARY INFORMATION: EPA is publishing this direct final rule 
without prior proposal because we view this action as noncontroversial 
and anticipate no adverse comment. However, in the ``Proposed Rules'' 
section of today's Federal Register publication, we are publishing a 
separate document that will serve as the proposal to adopt the 
provisions in this direct final rule if adverse comments are filed. 
This rule will be effective on August 18, 2003 without further notice 
unless we receive adverse comment by July 17, 2003 or a request for a 
public hearing by July 2, 2003. If we receive adverse comment on one or 
more distinct amendments, paragraphs, or sections of this rulemaking, 
we will publish a timely withdrawal in the Federal Register indicating 
which provisions are being withdrawn due to adverse comment. We may 
address all adverse comments in a subsequent final rule based on the 
proposed rule. We will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
Any distinct amendment, paragraph, or section of today's rulemaking for 
which we do not receive adverse comment will become effective on the 
date set out above, notwithstanding any adverse comment on any other 
distinct amendment, paragraph, or section of today's rule.

Regulated Entities

    Entities potentially regulated by this action are those which 
manufacture new motor vehicles and engines.

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                                                                                    NAICS Codes
                   Category                      Examples of regulated entities         \a\        SIC Codes \b\
----------------------------------------------------------------------------------------------------------------
Industry......................................  New motor vehicle and engine      33611, 336112,           3711
                                                 manufacturers.                           336120
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\a\ North American Industry Classification System (NAICS) Code.
\b\ Standard Industrial Classification (SIC) System Code. This table is not intended to be exhaustive, but
  rather provides a guide for readers regarding entities 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
  product is regulated by this action, you should carefully examine the applicability criteria in Sec.  Sec.
  86.005-17, 86.1806-04, and 86.1806-05 of title 40 of the Code of Federal Regulations. If you have questions
  regarding the applicability of this action to a particular product, consult the person listed in the preceding
  FOR FURTHER INFORMATION CONTACT section.


Table of Contents

I. Electronic Availability
II. Introduction and Background
III. Requirements of the Direct Final Rule
    A. Update of Provision for Acceptance of California Air 
Resources Board (CARB) OBD II as Satisfying Federal OBD Requirements
    B. Inclusion of California OBD II Catalyst Monitoring 
Requirements in Federal OBD Regulations when Accepting California 
OBD II Compliance
    C. Technical Amendment to the Optional Chassis Certification 
Requirements for Heavy-duty (HD) less than 14,000 pounds GVWR
    D. Applicability
    E. Update of Materials Incorporated by Reference
IV. Cost Effectiveness
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health & Safety Risks
    H. Executive Order 13211: Actions that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act

[[Page 35794]]

    J. Congressional Review Act

I. Electronic Availability

    Today's action is available electronically on the day of 
publication from EPA's Federal Register Internet Web site listed below. 
Electronic copies of this preamble, regulatory language, and other 
documents associated with today's direct final rule are available from 
the EPA Office of Transportation and Air Quality Web site listed below 
shortly after the rule is signed by the Administrator. This service is 
free of charge, except any cost that you already incur for connecting 
to the Internet.
    EPA Federal Register Web site: http://www.epa.gov/docs/fedrgstr/epa-air/.
    (Either select a desired date or use the Search feature.)

II. Introduction and Background

    On February 19, 1993, pursuant to Clean Air Act (CAA) section 
202(m), 42 U.S.C. 7521(m), EPA published a final rulemaking (58 FR 
9468) requiring manufacturers of light-duty vehicles (LDVs) and light-
duty trucks (LDTs) to install on-board diagnostic (OBD) systems on such 
vehicles beginning with the 1994 model year. The regulations 
promulgated in that final rulemaking require that manufacturers install 
OBD systems which monitor emission control components for any 
malfunction or deterioration causing exceedance of certain emission 
thresholds, and alert the vehicle operator to the need for repair. That 
rulemaking also requires that, when a malfunction occurs, diagnostic 
information must be stored in the vehicle's computer to assist the 
technician in diagnosis and repair.
    Additionally, this original OBD regulation provided an allowance 
for manufacturers to satisfy federal OBD requirements through the 1998 
model year by installing OBD systems satisfying the California OBD II 
requirements pertaining to those model years. On December 22, 1998 (63 
FR 70681), EPA revised the federal OBD regulations such that the 
allowance of compliance with the California OBD II regulations 
(excluding anti-tampering provisions) extended indefinitely, rather 
than applying only through the 1998 model year. In addition, EPA 
updated the allowed version of the California OBD II regulations to the 
most recently published version, at that time, CARB Mail-Out 
97-24 (December 9, 1997).
    California has recently issued revisions to their OBD II 
requirements as described in CARB Mail-Out MSCD 02-11 
(internet posting date October 7, 2002) and Attachment II, 
Modifications to Malfunction and Diagnostic System Requirements for 
2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and 
Medium-Duty Vehicles and Engines (OBD II), Section 1968.2, Title 13, 
California Code of Regulations. In today's action, EPA is revising the 
federal OBD regulations to update the allowed version of the California 
OBD II regulations to the most recently issued version noted above, 
such that the allowance of compliance with the California OBD II 
regulations (with the exclusion of certain provisions as noted below) 
continues to be accepted. EPA is making this revision, and continuing 
to allow manufacturers to demonstrate compliance with California's OBD 
regulations, to encourage broader OBD development and calibration 
efforts. EPA believes that the benefits of a robust OBD program 
outweigh the benefits of the unique requirements of the federal OBD 
regulations. EPA also believes, as was noted in an August 30, 1996 
final rule (61 FR 45898), that the California OBD II program fully 
meets the requirements of the Clean Air Act (CAA) and fulfills the 
intent of the federal OBD program.
    Today's action also updates the incorporation by reference of 
standardized practices developed by the Society of Automotive Engineers 
(SAE) and the International Organization for Standardization (ISO) to 
recently published versions. EPA believes that by including these 
standardized practices in our regulations we ensure continuity and 
uniformity in the design of OBD II systems, which was mandated in 
section 202(m)(4) of the CAA. As a result, changes and updates to these 
standardized practices must be recognized by revising our regulations 
to incorporate by reference the latest versions of these documents.
    Today's action also incorporates a new, optional standardized 
communication protocol, ISO 15765-4.3:2001, December 14, 2001, ``Road 
Vehicles-Diagnostics on Controller Area Network (CAN)--Part 4: 
Requirements for emission-related systems'', that can be used by 
manufacturers to design OBD systems. The standardized communication 
protocols provide a uniform language structure that facilitates 
compatibility between OBD II equipped vehicles and OBD II-related 
equipment. Manufacturers are planning to implement this new protocol on 
vehicles as early as the 2004 MY. In addition, EPA is requiring that 
commencing in the 2008 model year the only allowable protocol will be 
this new communication protocol, ISO 15765-4.3. With the 2008 model 
year, the other, currently-accepted protocols: SAE J1850, ISO 9141-2 
and ISO 14230-4; will no longer be accepted and all manufacturers must 
implement OBD systems using only ISO 15765-4.3.

III. Requirements of the Direct Final Rule

    Following are the provisions promulgated by this direct final 
rulemaking.

A. Update of Provision for Acceptance of California Air Resources Board 
(CARB) OBD II as Satisfying Federal OBD Requirements

    EPA is revising the existing provisions that allow indefinite 
optional compliance with the California OBD II requirements, excluding 
the California OBD II anti-tampering provisions, as satisfying federal 
OBD. Although the existing allowances continue indefinitely, the 
referenced CARB mail-out (and corresponding regulation) has been 
revised by California and is thus outdated. Thus, rather than the 
currently allowed CARB Mail-Out 97-24 (December 9, 1997), the 
allowed version will be CARB's recently updated version contained in 
CARB Mail-Out MSCD 02-11 (internet posting date October 7, 
2002) and Attachment II, Modifications to Malfunction and Diagnostic 
System Requirements for 2004 and Subsequent Model-Year Passenger Cars, 
Light-Duty Trucks, and Medium-Duty Vehicles and Engines (OBD II), 
Section 1968.2, Title 13, California Code of Regulations. EPA 
recognizes that CARB may continue to make minor modifications to 13 CCR 
section 1968.2 before its full implementation. However, EPA believes it 
appropriate to revise its regulations at this time to reference the 
most recent version of CARB's requirements and EPA anticipates it will 
make the appropriate updated references by technical amendment or other 
appropriate rulemaking. Before such updated references occur, EPA 
believes that any changes made by CARB in its regulations would be 
minor and therefore the manufacturers will be able to utilize EPA's 
existing deficiency provisions in the rare circumstances where those 
CARB requirements that EPA references by today's action are more 
stringent than the OBD requirements met by the manufacturer under 
revised CARB regulations. Thus by today's rulemaking EPA is amending 
paragraph (j) as found respectively in 40 CFR 86.005-17 and 86.1806-05, 
to reflect CARB's most recent version of the OBD II requirements. In 
addition, because EPA's Tier 2 requirements commence in model year 
2004, EPA is adding a new section (86.1806-04) to reflect the OBD 
requirements applicable

[[Page 35795]]

to LDVs, LDTs, and MDPVs for model year 2004, including an optional 
compliance provision to CARB's recent OBD II requirements.
    It should be noted, for purposes of EPA's regulations (where the 
vehicle is certified to federal emission standards), manufacturers 
choosing the California OBD II demonstration option need not comply 
with portions of that regulation pertaining to vehicles certified to 
certain emission standards under California's Low Emission Vehicle 
Program (LEV I or LEV II), Title 13 CCR section 1961, as those 
standards are not federal emission standards. By operation of CARB's 
OBD II regulations, a manufacturer's demonstration of compliance with 
California OBD II, where the vehicle is certified to federal emission 
standards, requires a manufacturer to correlate their malfunction 
thresholds to the applicable federal emission standards, not California 
standards (see 13 CCR section 1968.2(c)(19) and (20)). Additionally, 
manufacturers choosing the California OBD II demonstration option need 
not comply with 13 CCR section 1968.2(e)(4.2.2)(C) which requires 
evaporative system leak detection monitoring down to a 0.02 inch 
diameter orifice and represents a level of stringency beyond that 
required for federal OBD compliance. In lieu of this requirement, EPA 
will continue its current requirement as found at 40 CFR 86.005-
17(b)(4), 40 CFR 86.1806-01(b)(4) and 40 CFR 86.1806-05 (b)(4) that 
requires evaporative system leak detection monitoring of a 0.040 inch 
diameter orifice and is clarified by today's rulemaking. As with EPA's 
current OBD regulations, manufacturers choosing the California OBD II 
demonstration option need not comply with 13 CCR section 1968.2(d)(1.4) 
which contains the anti-tampering provisions of the California OBD II 
regulations. In today's rulemaking EPA also clarifies that 
demonstration of compliance with 13 CCR 1968.2(e)(16.2.1)(C), to the 
extent such provisions apply to verification of proper alignment 
between the camshaft and crankshaft, only applies to vehicles equipped 
with variable valve timing. The requirement in 13 CCR 
1968.2(e)(16.2.1)(C) regarding circuit continuity and rationality 
malfunctions is applicable to all vehicles. Also, as with EPA's current 
OBD regulations, the deficiency fine provisions of 13 CCR section 
1968.2(i) do not apply. Therefore, as a continuation of EPA's current 
requirements, the deficiency provisions at 40 CFR 86.005-17(i), 
86.1806-01(i), and 1806-05(i) remain applicable and are clarified by 
today's rulemaking.

B. Inclusion of California OBD II Catalyst Monitoring Requirements in 
Federal OBD Regulations When Accepting California OBD II Compliance

    In EPA's rulemaking for heavy-duty engine and vehicle standards (65 
FR 59896, October 6, 2000) (2004 HD Rule), EPA established new OBD 
system requirements for heavy-duty vehicles and engines, including 
aftertreatment monitoring requirements for all diesel-engine vehicles 
weighing 14,000 pounds GVWR or less regardless of whether the 
manufacturers demonstrated compliance with the Federal OBD requirements 
or with California's OBD requirements. Therefore, when accepting 
California OBD systems, it became necessary to exclude the particular 
section in the California OBD II regulations related to catalyst 
monitoring (Title 13, California Code of Regulations (CCR) 
1968.1(b)(1.1.2)) because this regulation did not include requirements 
for aftertreatment of diesel-engines or complete vehicles. In 
California's recent OBD II revisions as described in CARB Mail-Out MSCD 
02-11 (internet posting date October 7, 2002) and Attachment 
II, Modifications to Malfunction and Diagnostic System Requirements for 
2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and 
Medium-Duty Vehicles and Engines (OBD II), Section 1968.2, Title 13, 
California Code of Regulations, provisions for aftertreatment 
monitoring on all diesel-engine vehicles weighing 14,000 pounds GVWR or 
less are included. As a result, it is no longer necessary to exclude 
Title 13, CCR 1968.1(b)(1.1.2) related to aftertreatment monitoring 
requirements when accepting California OBD II compliance. Thus, today's 
action removes the language requiring compliance with the federal 
aftertreatment requirements if demonstrating optional compliance with 
California's OBD requirements.

C. Technical Amendment to the Optional Chassis Certification 
Requirements for Heavy-duty (HD) Less Than 14,000 Pounds GVWR

    In another final rule that revised EPA's heavy duty engine and 
vehicle standards and highway diesel fuel sulfur requirements beginning 
in the 2007 model year (66 FR 5002, January 18, 2001) (2007 HD Rule), 
we provided an option for manufacturers of HD diesel vehicles weighing 
14,000 pounds GVWR or less to chassis certify to the HD vehicle 
standards (40 CFR Subpart S, 86.1863-07 for chassis certification). In 
Sec.  86.1863-07(b), we state that diesel vehicles certified under this 
chassis certification option are subject to the OBD requirements of 40 
CFR 86.005-17, which is the section in subpart A containing the OBD 
requirements for engines. However, for chassis certification, we should 
have referenced 40 CFR 86.1806-05 of subpart S, which contains the 
chassis OBD requirements. This correction is consistent with the 
Agency's original intent as expressed in the preamble to the 2007 HD 
Rule at 66 FR 5002, at 5043. Therefore, today's action revises the 
language in 40 CFR 86.1863-07 (b) for optional chassis certification of 
diesel engines such that chassis OBD requirements in 40 CFR 86.1806-05 
of subpart S are referenced.

D. Applicability

    Today's revisions to: update the acceptable version of the 
California OBD II regulations; include California OBD II catalyst 
monitoring requirements when accepting CARB OBD II compliance, update 
the incorporation by reference of standardized practices developed by 
the Society of Automotive Engineers (SAE) and the International 
Organization for Standardization (ISO); incorporate by reference a new 
standardized protocol developed by the International Organization for 
Standardization (ISO) and establish a future date by which this 
protocol will be the only acceptable protocol; and amend the optional 
chassis certification requirements for heavy-duty (HD) vehicle weighing 
14,000 pounds GVWR or less, apply to all 2004 and later model year 
light-duty vehicles, light-duty trucks, medium duty passenger vehicles, 
heavy-duty vehicles and otto-cycle engines intended for vehicles 
weighing less than 14,000 pounds GVWR where the manufacturer chooses to 
comply with Option 1 or 2 according to 40 CFR 86.005-01(c)(1) or 
(c)(2), and all 2005 and later model year heavy-duty diesel engines 
intended for vehicles weighing less than 14,000 pounds GVWR subject to 
the phase-in schedule for heavy-duty vehicles and engine OBD compliance 
in 40 CFR 86.005-17(k) and 86.1806-05(l).

E. Update of Materials Incorporated by Reference

    Today's action includes the adoption of ISO 15765-4.3 (December 14, 
2001): ``Road Vehicles--Diagnostics on Controller Area Network (CAN)--
Part 4: Requirements for emission-related systems,'' as an acceptable 
protocol for standardized on-board to off-board communications and is 
incorporated by reference in today's regulatory language. This 
standardized procedure contains a more up-to-date communication 
protocol than that contained in SAE

[[Page 35796]]

J1850/ISO 9141-2 and ISO 14230-4 which will remain referenced in the 
table at 40 CFR 86.1(b)(5). By today's action EPA is clarifying that 
ISO 14230-4 is acceptable for vehicles being certified today as well as 
vehicles certified through the 2007 model year. Adoption of ISO 15765-
4.3 is also acceptable, in addition to ISO 14230-4, to all 2004 and 
later model year light-duty vehicles, light-duty trucks, medium duty 
passenger vehicles, heavy-duty vehicles and otto-cycle engines intended 
for vehicles weighing less than 14,000 pounds GVWR where the 
manufacturer chooses to comply with Option 1 or 2 according to 40 CFR 
86.005-01(c)(1) or (c)(2), and all 2005 and later model year heavy-duty 
diesel engines intended for vehicles weighing less than 14,000 pounds 
GVWR. Beginning in the 2008 and later model year, ISO 15765-4.3 will be 
the only acceptable protocol used for standardized on-board to off-
board communications. Thus a new entry is added to the table at Sec.  
86.1(b)(5) for ISO 15765-4.3 and is incorporated by reference into 
Sec. Sec.  86.005-17, 86.1806-04, and 86.1806-05 and ISO 14230-4 
contains new part 86 regulatory references (Sec. Sec.  86.1806-01 and 
86.1806-04) incorporated by reference.
    Today's action also updates the incorporation by reference of 
several SAE standardized practices. Specifically, procedures J1850, 
J1962, J1979, and J2012. The existing references to these four SAE 
procedures within the table at Sec.  86.1(b)(2) remain in effect along 
with the other SAE procedures already referenced in the table. The four 
SAE procedures noted here have been updated and thus shall apply 
beginning in model year 2004. Thus new entries are added to incorporate 
the updated J1850, J1962, J1979, and J2012 and are incorporated by 
reference into Sec. Sec.  86.005-17, 86.1806-04, and 86.1806-05. In 
addition, today's action also incorporates SAE J1930 and SAEJ1978 into 
the table found in Sec.  86.1(b)(2). These new SAE procedures are 
incorporated by reference into Sec. Sec.  86.005-17, 86.1806-04, and 
86.1806-05. Lastly, the references to SAE J1939-11, J1939-13, J1939-21, 
J1939-71, J1931-73, and J1931-81 are modified to reflect that such 
procedures are applicable to all 2004 and later model year light-duty 
vehicles, light-duty trucks and medium-duty passenger vehicles and thus 
incorporate by reference the new regulatory provision at Sec.  86.1806-
04.

IV. Cost Effectiveness

    This rulemaking alters an existing provision by allowing optional 
compliance with the most recently ``revised'' California OBD II 
requirements for the purposes of demonstrating compliance with federal 
OBD requirements. EPA believes that today's regulation will provide 
cost savings by eliminating the need to incur significant recalibration 
and/or retesting costs and efforts associated with having two sets of 
OBD regulations with which to comply. Because this rulemaking alters an 
existing provision that provides regulatory relief by means of optional 
compliance methods, and since most of the industry currently complies 
with the California OBD II requirements under our provisions for 
optional compliance and because industry may thus minimize resource 
requirements, EPA believes that continued cost savings will be 
achieved. No adverse environmental consequences are anticipated as EPA 
expects manufacturers with vehicles complying with the new California 
OBD II requirements, and which also seek anything but a California-only 
federal certificate, will have OBD systems calibrated to federal Tier 2 
standards and thus will be as environmentally protective as systems 
calibrated to federal Tier 1 standards.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency 
is required to determine whether this regulatory action would be 
``significant'' and therefore subject to review by the Office of 
Management and Budget (OMB) and the requirements of the Executive 
Order. The Order defines a ``significant regulatory action'' as any 
regulatory action 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.
    Pursuant to the terms of Executive Order 12866, we have determined 
that this final rule is not a ``significant regulatory action.''

B. Paperwork Reduction Act

    Today's action does not impose any new information collection 
burden. The modifications noted above do not change the information 
collection requirements submitted to and approved by OMB in association 
with the OBD final rulemakings (58 FR 9468, February 19, 1993; and 59 
FR 38372, July 28, 1994).

C. Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this direct final rule. After 
considering the economic impacts of today's direct final rule on small 
entities, EPA has determined that this action will not have a 
significant economic impact on a substantial number of small entities.
    For purposes of assessing the impacts of today's direct final rule 
on small entities, small entity is defined as: (1) Those businesses 
meeting the definition provided by the Small Business Administration 
(2) a small governmental jurisdiction that is a government of a city, 
county, town, school district or special district with a population of 
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.
    This rulemaking will provide regulatory relief to both large and 
small volume automobile and heavy-duty vehicle and engine manufacturers 
by maintaining consistency with California OBDII requirements. This 
rulemaking will not have a significant impact on businesses that 
manufacture, rebuild, distribute, or sell automotive parts, nor those 
involved in automotive service and repair, as the revisions affect only 
requirements on automobile and heavy-duty truck and engine 
manufacturers. See United Distribution Companies v. FERC, 88 F. 3rd 
1005, 1170 (D.C. Cir. 1996). Most manufacturers have thus far chosen to 
reduce their costs by producing vehicle OBD systems to California 
specifications, thereby avoiding the necessity of developing 
significantly different OBD calibrations meeting the existing federal 
specifications for the non-California markets. Today's continuation of 
the optional compliance option to California's OBDII requirements 
continues this cost reduction.

[[Page 35797]]

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for federal agencies to assess the 
effects of their regulatory actions on state, local, and tribal 
governments, and the private sector. Under section 202 of the UMRA, we 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``federal mandates'' that 
may result in expenditures to state, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more for 
any single year. Before promulgating a rule for which a written 
statement is needed, section 205 of the UMRA generally requires us to 
identify and consider a reasonable number of regulatory alternatives 
and adopt the least costly, most cost-effective, or least burdensome 
alternative that achieves the objectives of the rule. The provisions of 
section 205 do not apply when they are inconsistent with applicable 
law. Moreover, section 205 allows us to adopt an alternative that is 
not the least costly, most cost-effective, or least burdensome 
alternative if we provide an explanation in the final rule of why such 
an alternative was adopted.
    Before we establish any regulatory requirement that may 
significantly or uniquely affect small governments, including tribal 
governments, we must develop a small government plan pursuant to 
section 203 of the UMRA. Such a plan must provide for notifying 
potentially affected small governments, and enabling officials of 
affected small governments to have meaningful and timely input in the 
development of our regulatory proposals with significant federal 
intergovernmental mandates. The plan must also provide for informing, 
educating, and advising small governments on compliance with the 
regulatory requirements.
    This rule contains no federal mandates for state, local, or tribal 
governments as defined by the provisions of Title II of the UMRA. The 
rule imposes no enforceable duties on any of these governmental 
entities. Nothing in the rule will significantly or uniquely affect 
small governments.
    We have determined that this rule does not contain a federal 
mandate that may result in estimated expenditures of more than $100 
million to the private sector in any single year.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires us to develop an accountable process to ensure 
``meaningful and timely input by state and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government.
    Under Section 6 of Executive Order 13132, we may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal Government provides the funds necessary to pay the direct 
compliance costs incurred by state and local governments, or we consult 
with state and local officials early in the process of developing the 
proposed regulation. We also may not issue a regulation that has 
federalism implications and that preempts state law, unless the Agency 
consults with state and local officials early in the process of 
developing the proposed regulation.
    Section 4 of the Executive Order contains additional requirements 
for rules that preempt state or local law, even if those rules do not 
have federalism implications (i.e., the rules will not have substantial 
direct effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government). Those 
requirements include providing all affected state and local officials 
notice and an opportunity for appropriate participation in the 
development of the regulation. If the preemption is not based on 
express or implied statutory authority, we also must consult, to the 
extent practicable, with appropriate state and local officials 
regarding the conflict between state law and federally protected 
interests within the Agency's area of regulatory responsibility.
    This rule does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This proposed rule updates 
provisions of an earlier rule that adopted national standards relating 
to OBD systems and the ability of manufacturers to demonstrate federal 
compliance based on demonstration of compliance with California OBD II 
regulations. The requirements of the rule will be enforced by the 
federal government at the national level. Thus, the requirements of 
Section 6 of the Executive Order do not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This final rule does not have 
tribal implications, as specified in Executive Order 13175. Today's 
rule does not uniquely affect the communities of American Indian tribal 
governments since the motor vehicle emission control system 
requirements in today's rule will have national applicability. 
Furthermore, today's rule does not impose any direct compliance costs 
on these communities and no circumstances specific to such communities 
exist that will cause an impact on these communities beyond those 
discussed in the other sections of today's document.
    This rule does not significantly or uniquely affect the communities 
of Indian tribal governments. As noted above, this rule will be 
implemented at the federal level and imposes compliance obligations on 
private industry. Accordingly, the requirements of Executive Order 
13084 do not apply to this rule.

G. Executive Order 13045: Protection of Children and Environmental 
Health & Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that (1) is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that we have reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, section 5-501 of the Executive Order directs us to 
evaluate the environmental health or safety effects of the planned rule 
on children, and explain why the planned regulation is preferable to 
other potentially effective and reasonably feasible alternatives 
considered by us.
    This rule is not subject to the Executive Order because it is not 
an economically significant regulatory action as defined by Executive 
Order 12866. Furthermore, this rule does not

[[Page 35798]]

concern an environmental health or safety risk that we have reason to 
believe may have a disproportionate effect on children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Section 12(d) of Public Law 104-113, directs us to 
use voluntary consensus standards in our regulatory activities unless 
it would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) developed or adopted by voluntary consensus standards 
bodies. The NTTAA directs us to provide Congress, through OMB, 
explanations when we decide not to use available and applicable 
voluntary consensus standards.
    This rule references technical standards adopted by us through 
previous rulemakings. No new technical standards are established in 
today's rule.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to Congress and the comptroller General of the United 
States. We will submit 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 United States prior to publication of 
the rule in the Federal Register. A Major rule cannot take effect until 
60 days after it is published in the Federal Register. This action is 
not a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be 
effective August 18, 2003.

Statutory and Legal Authority

    Statutory authority for today's final rule comes from the Clean Air 
Act, 42 U.S.C. 7401 et seq., in particular, section 202(m) of the Act 
(42 U.S.C. 7521(m)).

List of Subjects in 40 CFR Part 86

    Environmental protection, Administrative practice and procedure, 
Incorporation by reference, Motor vehicle pollution, On-board 
diagnostics

    Dated: April 25, 2003.
Christine Todd Whitman,
Administrator.

0
For the reasons set out in the preamble, part 86 of title 40 chapter I 
of the Code of Federal Regulations is amended as follows:

PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES 
AND ENGINES

0
1. The authority citation for part 86 continues to read as follows:

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

0
2. Section 86.1 is amended as follows:
0
a. In the table to paragraph (b)(2) by adding the following entries to 
the end of the table.
0
b. In paragraph (b)(5) by revising the table.
    The revisions and additions read as follows:


Sec.  86.1  Reference materials.

* * * * *
    (b) * * *
    (2) * * *

----------------------------------------------------------------------------------------------------------------
                   Document No. and name                                   40 CFR part 86 reference
----------------------------------------------------------------------------------------------------------------
* * * * *                                                    * * * * *
SAE J1850, Class B Data Communication Network Interface.     86.005-17; 86.1806-04; 86.1806-05
 (Revised, May 2001).
SAE J1930, Electrical/Electronic Systems Diagnostic Terms,   86.005-17; 86.1806-04; 86.1806-05
 Definitions, Abbreviations, and Acronyms--Equivalent to
 ISO/TR 15031-2: April 30, 2002. (Revised, April 2002).
SAE J1939-11, Physical Layer--250K bits/s, Shielded Twisted  86.005-17; 86.1806-04; 86.1806-05
 Pair. (Revised, October 1999).
SAE J1939-13, Off-Board Diagnostic Connector. (July 1999)..  86.005-17; 86.1806-04; 86.1806-05
SAE J1939-21, Data Link Layer. (Revised, April 2001).......  86.005-17; 86.1806-04; 86.1806-05
SAE J1939-31, Network Layer. (Revised, December 1997)......  86.005-17; 86.1806-04; 86.1806-05
SAE J1939-71, Vehicle Application Layer--J1939-71 (through   86.005-17; 86.1806-04; 86.1806-05
 1999). (Revised, August 2002).
SAE J1939-73, Application Layer-Diagnostics. (Revised, June  86.005-17; 86.1806-04; 86.1806-05
 2001).
SAE J1939-81, Recommended Practice for Serial Control and    86.005-17; 86.1806-04; --86.1806-05
 Communications Vehicle Network Part 81--Network
 Management. (July 1997).
SAE J1962, Diagnostic Connector--Equivalent to ISO/DIS       86.005-17;86.1806-04; 86.1806-05
 15031-3:December 14, 2001. (Revised, April 2002).
SAE J1978, OBD II Scan Tool--Equivalent to ISO/DIS 15031-4;  86.005-17;86.1806-04; 86.1806-05
 December 14, 2001. (Revised, April 2002).
SAE J1979, E/E Diagnostic Test Modes--Equivalent to ISO/DIS  86.099-17;86.005-17; 86.1806-01; 86.1806-04;
 15031-5: April 30, 2002. (Revised, April 2002).              86.1806-05
SAE J2012, Diagnostic Trouble Code Definitions--Equivalent   86.005-17; 86.1806-04; 86.1806-05
 to ISO/DIS 15031-6: April 30, 2002. (Revised, April 2002,).
----------------------------------------------------------------------------------------------------------------

* * * * *
    (5) * * *

------------------------------------------------------------------------
      Document No. and name               40 CFR part 86 reference
------------------------------------------------------------------------
ISO 9141-2, February 1, 1994,      86.099-17; 86.1806-01; 86.1806-04;
 Road vehicles--Diagnostic          86.005-17; 86.1806-05
 systems--Part 2: CARB
 requirements for interchange of
 digital information.
ISO 14230-4:2000(E) ``Road         86.099-17; 86.1806-01; 86.1806-04;
 vehicles--Diagnostic systems--     86.005-17; 86.1806-05
 KWP 2000 requirements for
 Emission-related systems'',
 (June 1, 2000).

[[Page 35799]]

 
ISO 15765-4.3:2001, December 14,   86.005-17; 86.1806-04; 86.1806-05
 2001, Road Vehicles--Diagnostics
 on Controller Area Network
 (CAN)--Part 4: Requirements for
 emission-related systems.
------------------------------------------------------------------------


0
3. Section 86.005-17 is amended by revising paragraphs (h) and (j) to 
read as follows:


Sec.  86.005-17  On-board diagnostics.

* * * * *
    (h) Reference materials. The OBD system shall provide for 
standardized access and conform with the following Society of 
Automotive Engineers (SAE) standards and/or the following International 
Standards Organization (ISO) standards. The following documents are 
incorporated by reference, see Sec.  86.1:
    (1) SAE material. Copies of these materials may be obtained from 
the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, 
Warrendale, PA 15096-0001.
    (i) SAE J1850 ``Class B Data Communication Network Interface,'' 
(Revised, May 2001) shall be used as the on-board to off-board 
communications protocol. All emission related messages sent to the scan 
tool over a J1850 data link shall use the Cyclic Redundancy Check and 
the three byte header, and shall not use inter-byte separation or check 
sums.
    (ii) Basic diagnostic data (as specified in Sec.  86.094-17(e) and 
(f)) shall be provided in the format and units in SAE J1979 ``E/E 
Diagnostic Test Modes--Equivalent to ISO/DIS 15031-5: April 30, 2002'', 
(Revised, April 2002).
    (iii) Diagnostic trouble codes shall be consistent with SAE J2012 
``Diagnostic Trouble Code Definitions--Equivalent to ISO/DIS 15031-6: 
April 30, 2002'', (Revised, April 2002).
    (iv) The connection interface between the OBD system and test 
equipment and diagnostic tools shall meet the functional requirements 
of SAE J1962 ``Diagnostic Connector--Equivalent to ISO/DIS 15031-3: 
December 14, 2001'' (Revised, April 2002).
    (v) All acronyms, definitions and abbreviations shall be formatted 
according to SAE J1930 ``Electrical/Electronic Systems Diagnostic 
Terms, Definitions, Abbreviations, and Acronyms'' Equivalent to ISO/TR 
15031-2: April 30, 2002'', (Revised, April 2002).
    (vi) All equipment used to interface, extract and display OBD-
related information shall meet SAE J1978 ``OBD II Scan Tool'' 
Equivalent to ISO 15031-4: December 14, 2001'', (Revised, April 2002).
    (vii) As an alternative to the above standards, heavy-duty vehicles 
may conform to the specifications of the SAE J1939 series of standards 
(SAE J1939-11, J1939-13, J1939-21, J1939-31, J1939-71, J1939-73, J1939-
81).
    (2) ISO materials. Copies of these materials may be obtained from 
the International Organization for Standardization, Case Postale 56, 
CH-1211 Geneva 20, Switzerland.
    (i) ISO 9141-2 ``Road vehicles--Diagnostic systems--Part 2: CARB 
requirements for interchange of digital information,'' (February 1, 
1994) may be used as an alternative to SAE J1850 as the on-board to 
off-board communications protocol.
    (ii) ISO 14230-4:2000(E) ``Road vehicles--Diagnostic systems--KWP 
2000 requirements for Emission-related systems'', (June 1, 2000) may 
also be used as an alternative to SAE J1850.
    (iii) ISO 15765-4.3:2001 ``Road Vehicles-Diagnostics on Controller 
Area Network (CAN)--Part 4: Requirements for emission-related 
systems'', (December 14, 2001) may also be used as an alternative to 
SAE J1850.
    (3) Beginning with the 2008 model year and beyond, ISO 15765-
4.3:2001 ``Road Vehicles-Diagnostics on Controller Area Network (CAN)--
Part 4: Requirements for emission-related systems'', (December 14, 
2001) shall be the only acceptable protocol used for standardized on-
board to off-board communications. At this time, all other standardized 
on-board to off-board communications protocols: SAE J1850 ``Class B 
Data Communication Network Interface,'' (Revised, May 2001) in 
paragraph (h)(1)(i) of this section, ISO 9141-2 ``Road vehicles--
Diagnostic systems--Part 2: CARB requirements for interchange of 
digital information,'' (February 1, 1994) in paragraph (h)(2)(i) of 
this section, and ISO 14230-4 ``Road vehicles--Diagnostic systems--KWP 
2000 requirements for Emission-related systems'', (June 1, 2000) in 
paragraph (h)(2)(ii) of this section will no longer be accepted.
* * * * *
    (j) California OBDII compliance option. For heavy-duty engines 
weighing 14,000 pounds GVWR or less, demonstration of compliance with 
California OBD II requirements (Title 13 California Code of Regulations 
Sec.  1968.2 (13 CCR 1968.2)), as modified pursuant to CARB Mail-Out 
MSCD 02-11 (internet posting date October 7, 2002), shall 
satisfy the requirements of this section, except that compliance with 
13 CCR 1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak 
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering 
protection, are not required to satisfy the requirements of this 
section. Also, the deficiency provisions of 13 CCR 1968.2(i) do not 
apply. The deficiency provisions of paragraph (i) of this section and 
the evaporative leak detection requirement of paragraph (b)(4) of this 
section apply to manufacturers selecting this paragraph for 
demonstrating compliance. In addition, demonstration of compliance with 
13 CCR 1968.2(e)(16.2.1)(C), to the extent it applies to the 
verification of proper alignment between the camshaft and crankshaft, 
applies only to vehicles equipped with variable valve timing.
* * * * *

0
4. A new Sec.  86.1806-04 is added to subpart S to read as follows:


Sec.  86.1806-04  On-board diagnostics.

    This Sec.  86.1806-04 includes text that specifies requirements 
that differ from Sec.  86.1806-01. Where a paragraph in Sec.  86.1806-
01 is identical and applicable to Sec.  86.1806-04 this may be 
indicated by specifying the corresponding paragraph and the statement 
``[Reserved]. For guidance see Sec.  86.1806-01.''
    (a)-(g). [Reserved]. For guidance see Sec.  86.1806-01.
    (h) Reference materials. The OBD system shall provide for 
standardized access and conform with the following Society of 
Automotive Engineers (SAE) standards and/or the following International 
Standards Organization (ISO) standards. The following documents are 
incorporated by reference, see Sec.  86.1:
    (1) SAE material. (i) SAE J1850 ``Class B Data Communication 
Network Interface,'' (Revised, May 2001) shall be used as the on-board 
to off-board communications protocol. All emission related messages 
sent to the scan tool over a J1850 data link shall use the Cyclic 
Redundancy Check and the three byte header, and shall not use inter-
byte separation or checksums.
    (ii) Basic diagnostic data (as specified in Sec. Sec.  86.094-17(e) 
and (f)) shall be provided in the format and units in SAE

[[Page 35800]]

J1979 ``E/E Diagnostic Test Modes--Equivalent to ISO/DIS 15031-5:April 
30, 2002'', (Revised, April 2002).
    (iii) Diagnostic trouble codes shall be consistent with SAE J2012 
``Diagnostic Trouble Code Definitions--Equivalent to ISO/DIS 15031-
6:April 30, 2002'', (Revised, April 2002).
    (iv) The connection interface between the OBD system and test 
equipment and diagnostic tools shall meet the functional requirements 
of SAE J1962 ``Diagnostic Connector--Equivalent to ISO/DIS 15031-
3:December 14, 2001'' (Revised, April 2002).
    (v) All acronyms, definitions and abbreviations shall be formatted 
according to SAE J1930 ``Electrical/Electronic Systems Diagnostic 
Terms, Definitions, Abbreviations, and Acronyms'' Equivalent to ISO/TR 
15031-2:April 30, 2002'', (Revised, April 2002).
    (vi) All equipment used to interface, extract and display OBD-
related information shall meet SAE J1978 ``OBD II Scan Tool'' 
Equivalent to ISO 15031-4:December 14, 2001'', (Revised, April 2002).
    (vii) As an alternative to the above standards, heavy-duty vehicles 
may conform to the specifications of the SAE J1939 series of standards 
(SAE J1939-11, J1939-13, J1939-21, J1939-31, J1939-71, J1939-73, J1939-
81).
    (2) ISO materials. Copies of these materials may be obtained from 
the International Organization for Standardization, Case Postale 56, 
CH-1211 Geneva 20, Switzerland.
    (i) ISO 9141-2 ``Road vehicles--Diagnostic systems--Part 2: CARB 
requirements for interchange of digital information,'' (February 1, 
1994) may be used as an alternative to SAE J1850 as the on-board to 
off-board communications protocol.
    (ii) ISO 14230-4:2000(E) ``Road vehicles--Diagnostic systems--KWP 
2000 requirements for Emission-related systems'', (June 1, 2000) may 
also be used as an alternative to SAE J1850.
    (iii) ISO 15765-4.3:2001 ``Road Vehicles-Diagnostics on Controller 
Area Network (CAN)--Part 4: Requirements for emission-related 
systems'', (December 14, 2001) may also be used as an alternative to 
SAE J1850.
    (i) [Reserved]. For guidance see Sec.  86.1806-01.
    (j) California OBDII compliance option. For light-duty vehicles and 
light-duty trucks, demonstration of compliance with California OBD II 
requirements (Title 13 California Code Sec.  1968.2 (13 CCR 1968.2)), 
as modified pursuant to CARB Mail-Out MSCD 02-11 (internet 
posting date October 7, 2002), shall satisfy the requirements of this 
section, except that compliance with 13 CCR 1968.2(e)(4.2.2)(C), 
pertaining to 0.02 inch evaporative leak detection, and 13 CCR 
1968.2(d)(1.4), pertaining to tampering protection, are not required to 
satisfy the requirements of this section. Also, the deficiency fine 
provisions of 13 CCR 1968.2(i) does not apply. The deficiency 
provisions of paragraph (i) of this section and the evaporative leak 
detection requirement of paragraph (b)(4) of this section apply to 
manufacturers selecting this paragraph for demonstrating compliance. In 
addition, demonstration of compliance with 13 CCR 1968.2(e)(16.2.1)(C), 
to the extent it applies to the verification of proper alignment 
between the camshaft and crankshaft, applies only to vehicles equipped 
with variable valve timing.
    (k) [Reserved]. For guidance see Sec.  86.1806-01.
0
5. Section 86.1806-05 is amended by revising paragraphs (h) and (J) to 
read as follows:


Sec.  86.1806-05  On-board diagnostics.

* * * * *
    (h) Reference materials. The OBD system shall provide for 
standardized access and conform with the following Society of 
Automotive Engineers (SAE) standards and/or the following International 
Standards Organization (ISO) standards. The following documents are 
incorporated by reference, see Sec.  86.1:
    (1) SAE material. Copies of these materials may be obtained from 
the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, 
Warrendale, PA 15096-0001.
    (i) SAE J1850 ``Class B Data Communication Network Interface,'' 
(Revised, May 2001) shall be used as the on-board to off-board 
communications protocol. All emission related messages sent to the scan 
tool over a J1850 data link shall use the Cyclic Redundancy Check and 
the three byte header, and shall not use inter-byte separation or 
checksums.
    (ii) Basic diagnostic data (as specified in Sec. Sec.  86.094-17(e) 
and (f)) shall be provided in the format and units in SAE J1979 ``E/E 
Diagnostic Test Modes--Equivalent to ISO/DIS 15031-5:April 30, 2002'', 
(Revised, April 2002).
    (iii) Diagnostic trouble codes shall be consistent with SAE J2012 
``Diagnostic Trouble Code Definitions--Equivalent to ISO/DIS 15031-6: 
April 30, 2002'', (Revised, April 2002).
    (iv) The connection interface between the OBD system and test 
equipment and diagnostic tools shall meet the functional requirements 
of SAE J1962 ``Diagnostic Connector--Equivalent to ISO/DIS 15031-
3:December 14, 2001'' (Revised, April 2002).
    (v) All acronyms, definitions and abbreviations shall be formatted 
according to SAE J1930 ``Electrical/Electronic Systems Diagnostic 
Terms, Definitions, Abbreviations, and Acronym'' Equivalent to ISO/TR 
15031-2:April 30, 2002'', (Revised, April 2002).
    (vi) All equipment used to interface, extract and display OBD-
related information shall meet SAE J1978 ``OBD II Scan Tool'' 
Equivalent to ISO 15031-4:December 14, 2001'', (Revised, April 2002).
    (vii) As an alternative to the above standards, heavy-duty vehicles 
may conform to the specifications of the SAE J1939 series of standards 
(SAE J1939-11, J1939-13, J1939-21, J1939-31, J1939-71, J1939-73, J1939-
81).
    (2) ISO materials. Copies of these materials may be obtained from 
the International Organization for Standardization, Case Postale 56, 
CH-1211 Geneva 20, Switzerland.
    (i) ISO 9141-2 ``Road vehicles--Diagnostic systems--Part 2: CARB 
requirements for interchange of digital information,'' (February 1, 
1994) may be used as an alternative to SAE J1850 as the on-board to 
off-board communications protocol.
    (ii) ISO 14230-4:2000(E) ``Road vehicles--Diagnostic systems--KWP 
2000 requirements for Emission-related systems'', (June 1, 2000) may 
also be used as an alternative to SAE J1850.
    (iii) ISO 15765-4.3:2001 ``Road Vehicles-Diagnostics on Controller 
Area Network (CAN)--Part 4: Requirements for emission-related 
systems'', (December 14, 2001) may also be used as an alternative to 
SAE J1850.
    (3) Beginning with the 2008 model year and beyond, ISO 15765-
4.3:2001 ``Road Vehicles-Diagnostics on Controller Area Network (CAN)--
Part 4: Requirements for emission-related systems'', (December 14, 
2001) will be the only shall be the only acceptable protocol used for 
standardized on-board to off-board communications. At this time, all 
other standardized on-board to off-board communications protocols: SAE 
J1850 ``Class B Data Communication Network Interface,'' (Revised, May 
2001) in paragraph (h)(1)(i), ISO 9141-2 ``Road vehicles--Diagnostic 
systems--Part 2: CARB requirements for interchange of digital 
information,'' (February 1, 1994) in (h)(2)(i), and ISO 14230-4 ``Road 
vehicles--Diagnostic systems--KWP 2000 requirements for Emission-
related systems'', (June 1, 2000) in paragraph (h)(2)(ii) of this 
section will no longer be accepted
* * * * *

[[Page 35801]]

    (j) California OBDII compliance option. For light-duty vehicles, 
light-duty trucks, and heavy-duty vehicles weighing 14,000 pounds GVWR 
or less, demonstration of compliance with California OBD II 
requirements (Title 13 California Code Sec.  1968.2 (13 CCR 1968.2)), 
as modified pursuant to CARB Mail-Out MSCD 02-11 (internet 
posting date October 7, 2002), shall satisfy the requirements of this 
section, except that compliance with 13 CCR 1968.2(e)(4.2.2)(C), 
pertaining to 0.02 inch evaporative leak detection, and 13 CCR 
1968.2(d)(1.4), pertaining to tampering protection, are not required to 
satisfy the requirements of this section. Also, the deficiency fine 
provisions of 13 CCR 1968.2(i) does not apply. The deficiency 
provisions of paragraph (i) of this section and the evaporative leak 
detection requirement of paragraph (b)(4) of this section apply to 
manufacturers selecting this paragraph for demonstrating compliance. In 
addition, demonstration of compliance with 13 CCR 1968.2(e)(16.2.1)(C), 
to the extent it applies to the verification of proper alignment 
between the camshaft and crankshaft, applies only to vehicles equipped 
with variable valve timing.
* * * * *

0
6. Section 86.1863-07 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  86.1863-07  Optional chassis certification for diesel vehicles.

    (a) A manufacturer may optionally certify heavy-duty diesel 
vehicles weighing 14,000 pounds GVWR or less, to the standards 
specified in Sec.  86.1816-08. Such vehicles must meet all requirements 
of Subpart S of this part that are applicable to Otto-cycle vehicles, 
except for evaporative, refueling, and OBD requirements where the 
diesel specific OBD requirements would apply.
    (b) For OBD, diesel vehicles optionally certified under this 
section are subject to the OBD requirements of Sec.  86.1806-05.
* * * * *

[FR Doc. 03-14569 Filed 6-16-03; 8:45 am]
BILLING CODE 6560-50-P