State of California

Notice of Public Availability of Modified Text and
Availability of Additional Documents and Information


Public Hearing Date: April 25, 2002
Internet Posting Date: October 7, 2002
Public Availability Date: October 10, 2002
Deadline for Public Comment: November 1, 2002

The Board's Action. At its April 25, 2002, public hearing, the Air Resources Board (the "Board" or "ARB") approved the adoption of sections 1968.2 and 1968.5, title 13, California Code of Regulations (CCR). Upon becoming operative, section 1968.2 would establish OBD II requirements for 2004 and subsequent model year vehicles; section 1968.5 would establish an OBD II-specific in-use enforcement protocol.

At the hearing, the Board adopted Resolution 02-17 (appended to this notice as Attachment I), approving the proposed regulations with modifications. In approving the proposed regulations, the Board specifically included staff's suggested modifications to the initially noticed text, which were made available at the hearing. The suggested modifications were appended to the Resolution as Attachment B. In the Resolution, the Board directed the Executive Officer to incorporate the approved modifications into the proposed regulatory text, along with such other conforming modifications as may be appropriate, and to make such modifications available for a supplemental comment period of at least 15 days.

Modified Text Being Made Available. The regulations, as modified, are appended to this notice as Attachments II (section 1968.2) and III (section 1968.5). Additions to the text are denoted by underline and deletions by strikeout. In Attachment IV to this notice, staff explains and provides rationale for the proposed substantive modifications to the text. Within Attachment IV, the staff specifically identifies those substantive modifications that have been made since the April 25 hearing. In addition to the modifications detailed in Attachment IV, staff has made other minor modifications throughout sections 1968.2 and 1968.5 of title 13 to improve clarity and to correct citations and references.

Attachments I through IV may be obtained off the Internet at the address below:

Printed copies may be obtained from Mike McCarthy, Manager, Advanced Engineering Section, of the ARB Mobile Source Control Division, at (626) 575-6615, or by faxing or mailing the request form attached to the end of this notice to the address or number detailed on the form.

Supporting Documents and Information. In accordance with Government Code section 11347.1, the staff has added to the rulemaking record the following document, which is incorporated by reference in the regulations, as modified:

SAE J1939 APR00-"Recommended Practice for a Serial Control and Communications Vehicle Network" and the associated subparts included in SAE HS-1939, "Truck and Bus Control and Communications Network Standards Manual", 2001 Edition (SAE J1939).

Staff has also corrected the name of the following document, which is incorporated by reference into section 1968.5, and was included in the original rulemaking record under an abbreviated document title.

EMFAC2000 "Public Meeting to Consider Approval of Revisions to the State's On-Road Motor Vehicle Emissions Inventory: Technical Support Document, Section 7.1, 'Estimation of Average Mileage Accrual Rates from Smog Check Data,'" May 2000.

Staff has also added the following additional document that supports the proposed action:

ARB Study of Current OBD II Monitoring Frequency (In-Use Testing Data)

Additionally, within the modified regulatory text, staff has revised and updated the titles and publication dates of several Society of Automotive Engineers (SAE) and International Organization of Standards (ISO) documents, which are incorporated by reference into section 1968.2. The changes reflect the recent decision of the two organizations to harmonize and jointly publish several of their publications. While the changes to the title for most of the incorporated documents is relatively insignificant, the publication change has necessitated deleting ISO 15031-5 from the text of 1968.2 and replacing it with the most recent version of SAE J1979, the full title of which is set forth below. The modified titles and latest publication dates of the documents that have been previously noticed as being incorporated by reference are:

1) SAE J1930 "Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations, and Acronyms - Equivalent to ISO/TR 15031-2:April 30, 2002", April 2002.
2) SAE J1962 "Diagnostic Connector - Equivalent to ISO/DIS 15031-3:December 14, 2001", April 2002.
3) SAE J1978 "OBD II Scan Tool - Equivalent to ISO/DIS 15031-4:December 14, 2001", April 2002.
4) SAE J1979 "E/E Diagnostic Test Modes - Equivalent to ISO/DIS 15031-5:April 30, 2002", April 2002.
5) SAE J1850 "Class B Data Communications Network Interface", May 2001.
6) SAE J2012 "Diagnostic Trouble Code Definitions - Equivalent to ISO/DIS 15031-6:April 30, 2002", April 2002.
7) ISO 9141-2:1994 "Road Vehicles-Diagnostic Systems-CARB Requirements for Interchange of Digital Information", February 1994.
8) ISO 14230-4:2000 "Road Vehicles-Diagnostic Systems-KWP 2000 Requirements for Emission-related Systems", June 2000.
9) ISO 15765-4:2001 "Road Vehicles-Diagnostics on Controller Area Network (CAN) - Part 4: Requirements for emission-related systems", December 2001.

All of the documents referenced above are available for public inspection from the Clerk of the Board at 1001 "I" Street, 23rd floor, Sacramento, California 95814.

Comments and Subsequent Action. In accordance with section 11346.8 of the Government Code, the Board directed the Executive Officer to adopt sections 2330, 2331, and 2332, title 13, CCR, after making them available to the public for comment for a period of at least 15 days. The Board further provided that the Executive Officer shall consider such written comments as may be submitted during this period, shall make such modifications as may be appropriate in light of the comments received, and shall present the regulations to the Board for further consideration if warranted.

Written comments on the proposed modifications may be submitted by postal mail, electronic mail, or facsimile as follows:

Postal mail is to be sent to:

Clerk of the Board
Air Resources Board
1001 "I" Street, 23rd Floor
Sacramento, California 95814

Electronic mail is to be sent to:

Facsimile submissions are to be transmitted to: (916) 322-3928

In order to be considered by the Executive Officer, comments must be directed to the ARB in one of the three forms described above and received by the ARB by 5:00 p.m. on the last day for supplemental comment listed at the beginning of this notice. Only comments relating to the modifications to the text of the regulations shall be considered by the Executive Officer.

If you are a person with a disability and desire to obtain this notice in an alternative format, please contact the ARB ADA Coordinator at (916) 232-4916. Persons with hearing or speech impairments can contact us by using our Telephone Device for the Deaf (TDD) at (916) 324-9531 or (800) 700-8326 for TDD calls from outside the Sacramento area

Robert H. Cross, Chief
Mobile Source Control Division

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