[Federal Register: August 14, 2003 (Volume 68, Number 157)]
[Rules and Regulations]
[Page 48561-48562]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au03-12]
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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 The only provisions being withdrawn are the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rule published at 68 FR 35792, (June 17, 2003) are withdrawn as of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 ``mitcham.arvon@epa.gov.''
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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