[Federal Register Volume 68, Number 157 (Thursday, August 14, 2003)]
[Rules and Regulations]
[Pages 48561-48562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20638]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

[FRL-7544-1]
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 (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: Due to receipt of adverse comments, EPA is withdrawing two 
specific regulatory revisions included in the direct final rule that 
was published in the Federal Register on June 17, 2003 (68 FR 35792) 
related to EPA's On-board Diagnostics (OBD) regulations. EPA published 
both the direct final rule and a concurrent notice of proposed 
rulemaking to amend and revise certain provisions of the Federal OBD 
regulations for purposes of updating the acceptable version of the 
California OBD II regulations, that allows compliance with California 
OBD II regulations to satisfy Federal OBD regulations, and to update 
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. The only provisions being withdrawn are the 
provisions that prohibit the use SAE J1939 beyond the 2007 model year.

DATES: 40 CFR 86.005-17(h)(3) and 86.1806-05(h)(3) of the direct final 
rule published at 68 FR 35792, (June 17, 2003) are withdrawn as of 
August 14, 2003.

ADDRESSES: All comments and materials relevant to today's action are 
contained in Public Docket No. OAR-2003-0080 at the following address: 
U.S. Environmental Protection Agency (EPA), EPA Docket Center (EPA/DC), 
Air and Radiation Docket, Mail Code 6102T, 1200 Pennsylvania Avenue, 
NW., Washington, DC 20460.
    Docket: Materials relevant to this rulemaking are contained in 
Public Docket Number OAR-2003-0080 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.

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: We stated in the direct final rule published 
at 68 FR 35792 (June 17, 2003) that if we received adverse comment on 
the direct final rule by July 17, 2003, we would publish a timely 
withdrawal in the Federal Register. We have received adverse comments 
on the amendments to the following sections: 40 CFR 86.005-17, 
subsection (h), paragraph (3), and Sec.  86.1806-05, subsection (h), 
paragraph (3). We received comments from the Engine Manufacturers 
Association (EMA) that the direct final rule does not extend the 
allowance to use the heavy-duty communication protocol, or SAE J1939, 
beyond the 2007 model year for vehicles that are not optionally 
certified to CARB's 1968.2 OBD II requirements. They commented that the 
direct final rule requires that 2008 and later model year heavy-duty 
engines and vehicles under 14,000 lbs. GVWR that are certified to the 
Federal OBD technical monitoring requirements must use the ISO 15765-
4.3 communication protocol. EMA commented that this is not consistent 
with CARB's requirements, nor is it consistent with the existing 
communication protocols developed for the unique operational 
characteristics of heavy-duty vehicles. We will address this adverse 
comment more fully in a forthcoming final rulemaking based on the 
concurrent notice of proposed rulemaking published on June 17, 2003 (68 
FR 35830).
    In addition, EPA received comments from the Alliance of Automobile 
Manufacturers and the Association of International Automobile 
Manufacturers requesting clarification of certain aspects of the direct 
final rule. These comments did not request withdrawal of the rule, and 
EPA does not consider

[[Page 48562]]

these comments adverse. We are not withdrawing any sections of the 
direct final rule based on these comments. As noted above, we will soon 
issue a final rule based on the concurrent notice of proposed 
rulemaking and we will address these comments as appropriate at that 
time.

List of Subjects in 40 CFR Part 86

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

    Dated: August 6, 2003.
Robert Brenner,
Acting Assistant Administrator, for Office of Air and Radiation.
[FR Doc. 03-20638 Filed 8-13-03; 8:45 am]
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