thresholds as shown in Table 1 of paragraph (g) and Table 2 of
paragraph (h) of this section. The resultant thresholds apply only in-
use and do not apply for certification or selective enforcement
auditing.
    (2) The extrapolated OBD ratings (i.e., the child ratings) as
defined in paragraph (o)(2) of this section shall not be evaluated
against emissions levels for purposes of OBD compliance in-use.
    (3) Only the test cycle and standard determined and identified by
the manufacturer at the time of certification in accordance with
paragraph (f) of this section as the most stringent shall be

used for the purpose of determining OBD system noncompliance in-use.
    (4) An OBD system shall not be considered noncompliant solely due
to a failure or deterioration mode of a monitored component or system
that could not have been reasonably foreseen to occur by the
manufacturer.
    8. Section 86.010-30 is added to Subpart A to read as follows:

Sec.  86.010-30  Certification.

    Section 86.010-30 includes text that specifies requirements that
differ from Sec. Sec.  86.094-30, 86.095-30, 86.096-30, 86.098-30,
86.001-30, 86.004-30 or 86.007-30. Where a paragraph in Sec.  86.094-
30, Sec.  86.095-30, Sec.  86.096-30, Sec.  86.098-30, Sec.  86.001-30,
Sec.  86.004-30 or Sec.  86.007-30 is identical and applicable to Sec.
86.010-30, this may be indicated by specifying the corresponding
paragraph and the statement ``[Reserved]. For guidance see Sec.
86.094-30.'' or ``[Reserved]. For guidance see Sec.  86.095-30.'' or
``[Reserved]. For guidance see Sec.  86.096-30.'' or ``[Reserved]. For
guidance see Sec.  86.098-30.'' or ``[Reserved]. For guidance see Sec.
86.001-30.'' or ``[Reserved]. For guidance see Sec.  86.004-30.'' or
``[Reserved]. For guidance see Sec.  86.007-30.''
    (a)(1) and (a)(2) [Reserved]. For guidance see Sec.  86.094-30.
    (a)(3)(i) through (a)(4)(ii) [Reserved]. For guidance see Sec.
86.004-30.
    (a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved].
For guidance see Sec.  86.094-30.
    (a)(4)(iv) introductory text [Reserved]. For guidance see Sec.
86.095-30.
    (a)(4)(iv)(A)-(a)(9) [Reserved]. For guidance see Sec.  86.094-30.
    (a)(10) and (a)(11) [Reserved]. For guidance see Sec.  86.004-30.
    (a)(12) [Reserved]. For guidance see Sec.  86.094-30.
    (a)(13) [Reserved]. For guidance see Sec.  86.095-30.
    (a)(14) [Reserved]. For guidance see Sec.  86.094-30.
    (a)(15)-(18) [Reserved]. For guidance see Sec.  86.096-30.
    (a)(19) [Reserved]. For guidance see Sec.  86.098-30.
    (a)(20) [Reserved]. For guidance see Sec.  86.001-30.
    (a)(21) [Reserved]. For guidance see Sec.  86.004-30.
    (b)(1) introductory text through (b)(1)(ii)(A) [Reserved]. For
guidance see Sec.  86.094-30.
    (b)(1)(ii)(B) [Reserved]. For guidance see Sec.  86.004-30.
    (b)(1)(ii)(C) [Reserved]. For guidance see Sec.  86.094-30.
    (b)(1)(ii)(D) [Reserved]. For guidance see Sec.  86.004-30.
    (b)(1)(iii) and (b)(1)(iv) [Reserved]. For guidance see Sec.
86.094-30.
    (b)(2) [Reserved]. For guidance see Sec.  86.098-30.
    (b)(3)-(b)(4)(i) [Reserved]. For guidance see Sec.  86.094-30.
    (b)(4)(ii) introductory text [Reserved]. For guidance see Sec.
86.098-30.
    (b)(4)(ii)(A) [Reserved]. For guidance see Sec.  86.094-30.
    (b)(4)(ii)(B)-(b)(4)(iv) [Reserved]. For guidance see Sec.  86.098-
30.
    (b)(5)-(e) [Reserved]. For guidance see Sec.  86.094-30.
    (f) For engine families required to have an OBD system and meant
for applications less than or equal to 14,000 pounds GVWR,
certification will not be granted if, for any test vehicle approved by
the Administrator in consultation with the manufacturer, the
malfunction indicator light does not activate under any of the
following circumstances, unless the manufacturer can demonstrate that
any identified OBD problems discovered during the Administrator's
evaluation will be corrected on production vehicles.
    (f)(1)(i) Otto-cycle. [Reserved]. For guidance see Sec.  86.004-30.
    (f)(1)(ii) Diesel.
    (A) If monitored for emissions performance--a reduction catalyst is
replaced with a deteriorated or defective catalyst, or an electronic
simulation of such, resulting in exhaust NOX emissions
exceeding the applicable NOX FEL+0.3 g/bhp-hr. Also if
monitored for emissions performance--an oxidation catalyst is replaced
with a deteriorated or defective catalyst, or an electronic simulation
of such, resulting in exhaust NMHC emissions exceeding 2.5 times the
applicable NMHC standard.
    (B) If monitored for performance--a particulate trap is replaced
with a deteriorated or defective trap, or an electronic simulation of
such, resulting in either exhaust PM emissions exceeding the applicable
FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, whichever is higher; or, exhaust
NMHC emissions exceeding 2.5 times the applicable NMHC standard. Also,
if monitored for performance--a particulate trap is replaced with a
catastrophically failed trap or a simulation of such.
    (f)(2) [Reserved]. For guidance see Sec.  86.004-30.
    (f)(3)(i) Oxygen sensors and air-fuel ratio sensors downstream of
aftertreatment devices.
    (f)(3)(i)(A) [Reserved]. For guidance see Sec.  86.007-30.
    (f)(3)(i)(B) Diesel. If so equipped, any oxygen sensor or air-fuel
ratio sensor located downstream of aftertreatment devices is replaced
with a deteriorated or defective sensor, or an electronic simulation of
such, resulting in exhaust emissions exceeding any of the following
levels: the applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM,
whichever is higher; or, the applicable NOX FEL+0.3 g/bhp-
hr; or, 2.5 times the applicable NMHC standard.
    (ii) Oxygen sensors and air-fuel ratio sensors upstream of
aftertreatment devices.
    (f)(3)(ii)(A) [Reserved]. For guidance see Sec.  86.007-30.
    (f)(3)(ii)(B) Diesel. If so equipped, any oxygen sensor or air-fuel
ratio sensor located upstream of aftertreatment devices is replaced
with a deteriorated or defective sensor, or an electronic simulation of
such, resulting in exhaust emissions exceeding any of the following
levels: the applicable PM FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM,
whichever is higher; or, the applicable NOX FEL+0.3 g/bhp-
hr; or, 2.5 times the applicable NMHC standard; or, 2.5 times the
applicable CO standard.
    (iii) NOX sensors.
    (f)(3)(iii)(A) [Reserved]. For guidance see Sec.  86.007-30.
    (f)(3)(iii)(B) Diesel. If so equipped, any NOX sensor is
replaced with a deteriorated or defective sensor, or an electronic
simulation of such, resulting in exhaust emissions exceeding any of the
following levels: the applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr
PM, whichever is higher; or, the applicable NOX FEL+0.3 g/
bhp-hr.
    (f)(4) [Reserved]. For guidance see Sec.  86.004-30.
    (f)(5)(i) [Reserved]. For guidance see Sec.  86.007-30.
    (f)(5)(ii) Diesel. A malfunction condition is induced in any
emission-related engine system or component, including but not
necessarily limited to, the exhaust gas recirculation (EGR) system, if
equipped, and the fuel control system, singularly resulting in exhaust
emissions exceeding any of the following levels: the applicable PM
FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM, whichever is higher; or, the
applicable NOX FEL+0.3 g/bhp-hr; or, 2.5 times the
applicable NMHC standard; or, 2.5 times the applicable CO standard.
    (f)(6) [Reserved]. For guidance see Sec.  86.004-30.
    9. Section 86.010-38 is added to subpart A to read as follows:

Sec.  86.010-38  Maintenance instructions.

    This Section 86.010-38 includes text that specifies requirements
that differ from those specified in Sec.  86.007-38. Where a paragraph
in Sec.  86.096-38, or Sec.  86.004-38, or Sec.  86.007-38 is identical
and applicable to Sec.  86.010-38, this may be indicated by specifying
the corresponding paragraph and the statement ``[Reserved]. For
guidance see Sec.  86.096-38,'' ``[Reserved]. For guidance

see or Sec.  86.004-38, '' or ``[Reserved]. For guidance see Sec.
86.007-38.''
    (a)-(f) [Reserved]. For guidance see Sec.  86.004-38.
    (g) [Reserved]. For guidance see Sec.  86.096-38. For incorporation
by reference see Sec. Sec.  86.1 and 86.096-38.
    (h) [Reserved]. For guidance see Sec.  86.004-38.
    (i) [Reserved]. For guidance see Sec.  86.007-38.
    (j) Emission control diagnostic service information for heavy-duty
engines used in vehicles over 14,000 pounds gross vehicle weight (GVW)
    (1) Manufacturers of heavy-duty engines used in applications
weighing more than 14,000 pounds gross vehicle weight (GVW) that are
subject to the applicable OBD requirements of this subpart A are
subject to the provisions of this paragraph (j) beginning in the 2010
model year. The provisions of this paragraph (j) apply only to those
heavy-duty engines subject to the applicable OBD requirements.
    (2) Upon Administrator approval, manufacturers may alternatively
comply with all service information and tool provisions found in Sec.
86.096-38 that are applicable to 1996 and subsequent vehicles weighing
less than 14,000 pounds gross vehicle weight (GVW).
    (3) General Requirements
    (i) Manufacturers shall furnish or cause to be furnished to any
person engaged in the repairing or servicing of heavy-duty engines, or
the Administrator upon request, any and all information needed to make
use of the on-board diagnostic system and such other information,
including instructions for making emission-related diagnosis and
repairs, including but not limited to service manuals, technical
service bulletins, recall service information, bi-directional control
information, and training information, unless such information is
protected by section 208(c) as a trade secret. No such information may
be withheld under section 208(c) of the Act if that information is
provided (directly or indirectly) by the manufacturer to franchised
dealers or other persons engaged in the repair, diagnosing, or
servicing of heavy-duty engines.
    (ii) Definitions. The following definitions apply for this
paragraph (j):
    (A) Aftermarket service provider means any individual or business
engaged in the diagnosis, service, and repair of a heavy-duty engine,
who is not directly affiliated with a manufacturer or manufacturer
franchised dealership.
    (B) Bi-directional control means the capability of a diagnostic
tool to send messages on the data bus that temporarily overrides the
module's control over a sensor or actuator and gives control to the
diagnostic tool operator. Bi-directional controls do not create
permanent changes to engine or component calibrations.
    (C) Data stream information means information (i.e., messages and
parameters) originated within the engine by a module or intelligent
sensors (i.e., a sensor that contains and is ontrolled by its own
module) and transmitted between a network of modules and/or intelligent
sensors connected in parallel with either one or more communication
wires. The information is broadcast over the communication wires for
use by the OBD system to gather information on emissions-related
components or systems and from other engine modules that may impact
emissions. For the purposes of this section, data stream information
does not include engine calibration related information, or any data
stream information from systems or modules that do not impact
emissions.
    (D) Emissions-related information means any information related to
the diagnosis, service, and repair of emissions-related components.
Emissions-related information includes, but is not limited to,
information regarding any system, component or part of an engine that
controls emissions and any system, component and/or part associated
with the engine, including, but not limited to: the engine, the fuel
system and ignition system; information for any system, component or
part that is likely to impact emissions, and any other information
specified by the Administrator to be relevant to the diagnosis and
repair of an emissions-related problem; any other information specified
by the Administrator to be relevant for the diagnosis and repair of an
emissions-related failure found through an evaluation of vehicles in-
use and after such finding has been communicated to the affected
manufacturer(s).
    (E) Emissions-related training information means any information
related training or instruction for the purpose of the diagnosis,
service, and repair of emissions-related components.
    (F) Enhanced service and repair information means information which
is specific for an original equipment manufacturer's brand of tools and
equipment. This includes computer or anti-theft system initialization
information necessary for the completion of any emissions-related
repair on engines that employ integral security systems.
    (G) Equipment and Tool Company means a registered equipment or
software company either public or private that is engaged in, or plans
to engage in, the manufacture of scan tool reprogramming equipment or
software.
    (H) Generic service and repair information means information which
is not specific for an original equipment manufacturer's brand of tools
and equipment.
    (I) Indirect information means any information that is not
specifically contained in the service literature, but is contained in
items such as tools or equipment provided to franchised dealers (or
others). This includes computer or anti-theft system initialization
information necessary for the completion of any emissions-related
repair on engines that employ integral security systems.
    (J) Intermediary means any individual or entity, other than an
original equipment manufacturer, which provides service or equipment to
aftermarket service providers.
    (K) Manufacturer franchised dealership means any service provider
with which a manufacturer has a direct business relationship.
    (L) Third party information provider means any individual or
entity, other than an original equipment manufacturer, who consolidates
manufacturer service information and makes this information available
to aftermarket service providers.
    (M) Third party training provider means any individual or entity,
other than an original equipment manufacturer who develops and/or
delivers instructional and educational material for training courses.
    (4) Information dissemination. By July 1, 2010 each manufacturer
shall provide or cause to be provided to the persons specified in
paragraph (j)(3)(i) of this section and to any other interested parties
a manufacturer-specific World Wide Web site containing the information
specified in paragraph (j)(3)(i) of this section for 2010 and later
model year engines which have been certified to the OBD requirements
specified in Sec.  86.010-18 and are offered for sale; this requirement
does not apply to indirect information, including the information
specified in paragraphs (j)(13) through (j)(17) of this section. Upon
request and approval of the Administrator, manufacturers who can
demonstrate significant hardship in complying with this provision
within four months after the effective date may request an additional
six months lead time to meet this requirement. Each manufacturer Web
site shall:
    (i) Provide access in full-text to all of the information specified
in paragraph (j)(5) of this section.

    (ii) Be updated at the same time as manufacturer franchised
dealership World Wide Web sites.
    (iii) Provide users with a description of the minimum computer
hardware and software needed by the user to access that manufacturer's
information (e.g., computer processor speed and operating system
software). This description shall appear when users first log-on to the
home page of the manufacturer's Web site.
    (iv) Provide Short-Term (24 to 72 hours), Mid-Term (30 day period),
and Long-Term (365 day period) Web site subscription options to any
person specified in paragraph (j)(2)(i) of this section whereby the
user will be able to access the site, search for the information, and
purchase, view and print the information at a fair and reasonable cost
as specified in paragraph (j)(7) of this section for each of the
options. In addition, for each of the tiers, manufacturers are required
to make their entire site accessible for the respective period of time
and price. In other words, a manufacturer may not limit any or all of
the tiers to just one make or one model.
    (v) Allow the user to search the manufacturer Web site by various
topics including but not limited to model, model year, key words or
phrases, etc., while allowing ready identification of the latest
calibration. Manufacturers who do not use model year to classify their
engines in their service information may use an alternate delineation
such as body series. Any manufacturer utilizing this flexibility shall
create a cross-reference to the corresponding model year and provide
this cross-reference on the manufacturer Web site home page.
    (vi) Provide accessibility using common, readily available software
and shall not require the use of software, hardware, viewers, or
browsers that are not readily available to the general public.
Manufacturers shall also provide hyperlinks to any plug-ins, viewers or
browsers (e.g. Adobe Acrobat or Netscape) needed to access the
manufacturer Web site.
    (vii) Allow simple hyper-linking to the manufacturer Web site from
Government Web sites and automotive-related Web sites.
    (viii) Posses sufficient server capacity to allow ready access by
all users and has sufficient capacity to assure that all users may
obtain needed information without undue delay.
    (ix) Correct or delete broken Web links on a weekly basis.
    (x) Allow for Web site navigation that does not require a user to
return to the manufacturer home page or a search engine in order to
access a different portion of the site.
    (xi) Allow users to print out any and all of the materials required
to be made available on the manufacturers Web site, including the
ability to print it at the user's location.
    (5) Small volume provisions for information dissemination.
    (i) Manufacturers with total annual sales of less than 5,000
engines shall have until July 1, 2011 to launch their individual Web
sites as required by paragraph (j)(4) of this section.
    (ii) Manufacturers with total annual sales of less than 1,000
engines may, in lieu of meeting the requirement of paragraph (j)(4) of
this section, request the Administrator to approve an alternative
method by which the required emissions-related information can be
obtained by the persons specified in paragraph (j)(3)(i) of this
section.
    (6) Required information. All information relevant to the diagnosis
and completion of emissions-related repairs shall be posted on
manufacturer Web sites. This excludes indirect information specified in
paragraphs (j)(7) and (j)(13) through (j)(17) of this section. To the
extent that this information does not already exist in some form for
their manufacturer franchised dealerships, manufacturers are required
to develop and make available the information required by this section
to both their manufacturer franchised dealerships and the aftermarket.
The required information includes, but is not limited to:
    (i) Manuals, including subsystem and component manuals developed by
a manufacturer's third party supplier that are made available to
manufacturer franchised dealerships, technical service bulletins
(TSBs), recall service information, diagrams, charts, and training
materials. Manuals and other such service information from third party
suppliers are not required to be made available in full-text on
manufacturer Web sites as described in paragraph (j)(3) of this
section. Rather, manufacturers must make available on the manufacturer
Web site as required by paragraph (j)(3) of this section an index of
the relevant information and instructions on how to order such
information. In the alternate, a manufacturer can create a link from
its Web site to the Web site(s) of the third party supplier.
    (ii) OBD system information which includes, but is not limited to,
the following:
    (A) A general description of the operation of each monitor,
including a description of the parameter that is being monitored;
    (B) A listing of all typical OBD diagnostic trouble codes
associated with each monitor;
    (C) A description of the typical enabling conditions (either
generic or monitor-specific) for each monitor (if equipped) to execute
during engine operation, including, but not limited to, minimum and
maximum intake air and engine coolant temperature, speed range, and
time after engine startup. In addition, manufacturers shall list all
monitor-specific OBD drive cycle information for all major OBD monitors
as equipped including, but not limited to, catalyst, catalyst heater,
oxygen sensor, oxygen sensor heater, evaporative system, exhaust gas
re-circulation (EGR), secondary air, and air conditioning system.
Additionally, for diesel engines which also perform misfire, fuel
system and comprehensive component monitoring under specific driving
conditions (i.e., non-continuous monitoring; as opposed to spark
ignition engines that monitor these systems under all conditions or
continuous monitoring), the manufacturer shall make available monitor-
specific drive cycles for these monitors. Any manufacturer who develops
generic drive cycles, either in addition to, or instead of, monitor-
specific drive cycles shall also make these available in full-text on
manufacturer Web sites;
    (D) A listing of each monitor sequence, execution frequency and
typical duration;
    (E) A listing of typical malfunction thresholds for each monitor;
    (F) For OBD parameters for specific engines that deviate from the
typical parameters, the OBD description shall indicate the deviation
and provide a separate listing of the typical values for those engines;
    (G) Identification and scaling information necessary to interpret
and understand data available through Diagnostic Message 8 pursuant to
SAE Recommended Practice J1939-73, Application Layer--Diagnostics,
revised June 2001 or through Service/Mode $06 pursuant to SAE
Recommended Practice J1979, E/E Diagnostic Test Modes--Equivalent to
ISO/DIS 15031-5: April 30, 2002. These documents are Incorporated by
Reference in Sec.  86.1.
    (H) Algorithms, look-up tables, or any values associated with look-
up tables are not required to be made available.
    (iii) Any information regarding any system, component, or part of a
engine monitored by the OBD system that could in a failure mode cause
the OBD system to illuminate the malfunction indicator light (MIL);
    (iv) Manufacturer-specific emissions-related diagnostic trouble
codes (DTCs)

and any related service bulletins, trouble shooting guides, and/or
repair procedures associated with these manufacturer-specific DTCs; and
    (v) Information regarding how to obtain the information needed to
perform reinitialization of any computer or anti-theft system following
an emissions-related repair.
    (7) Anti-theft System Initialization Information. Computer or anti-
theft system initialization information and/or related tools necessary
for the proper installation of on-board computers or necessary for the
completion of any emissions-related repair on engines that employ
integral security systems or the repair or replacement of any other
emission-related part shall be made available at a fair and reasonable
cost to the persons specified in paragraph (j)(3)(i) of this section.
    (i) Except as provided under paragraph (j)(7)(ii) of this section,
manufacturers must make this information available to persons specified
in paragraph (j)(3)(i) of this section, such that such persons will not
need any special tools or manufacturer-specific scan tools to perform
the initialization. Manufacturers may make such information available
through, for example, generic aftermarket tools, a pass-through device,
or inexpensive manufacturer specific cables.
    (ii) A manufacturer may request Administrator approval for an
alternative means to re-initialize engines for some or all model years
through the 2013 model year by 90 days following the effective date of
the final rule. The Administrator shall approve the request only after
the following conditions have been met:
    (A) The manufacturer must demonstrate that the availability of such
information to aftermarket service providers would significantly
increase the risk of theft.
    (B) The manufacturer must make available a reasonable alternative
means to install or repair computers, or to otherwise repair or replace
an emission-related part.
    (C) Any alternative means proposed by a manufacturer cannot require
aftermarket technicians to use a manufacturer franchised dealership to
obtain information or special tools to re-initialize the anti-theft
system. All information must come directly from the manufacturer or a
single manufacturer-specified designee.
    (D) Any alternative means proposed by a manufacturer must be
available to aftermarket technicians at a fair and reasonable price.
    (E) Any alternative must be available to aftermarket technicians
within twenty-four hours of the initial request.
    (F) Any alternative must not require the purchase of a special tool
or tools, including manufacturer-specific tools, to complete this
repair. Alternatives may include lease of such tools, but only for
appropriately minimal cost.
    (G) In lieu of leasing their manufacturer-specific tool to meet
this requirement, a manufacturer may also choose to release the
necessary information to equipment and tool manufacturers for
incorporation into aftermarket scan tools. Any manufacturer choosing
this option must release the information to equipment and tool
manufacturers within 60 days of Administrator approval.
    (8) Cost of required information.
    (i) All information required to be made available by this section,
shall be made available at a fair and reasonable price. In determining
whether a price is fair and reasonable, consideration may be given to
relevant factors, including, but not limited to, the following:
    (A) The net cost to the manufacturer franchised dealerships for
similar information obtained from manufacturers, less any discounts,
rebates, or other incentive programs;
    (B) The cost to the manufacturer for preparing and distributing the
information, excluding any research and development costs incurred in
designing and implementing, upgrading or altering the onboard computer
and its software or any other engine part or component. Amortized
capital costs for the preparation and distribution of the information
may be included;
    (C) The price charged by other manufacturers for similar
information;
    (D) The price charged by manufacturers for similar information
prior to the launch of manufacturer Web sites;
    (E) The ability of the average aftermarket technician or shop to
afford the information;
    (F) The means by which the information is distributed;
    (G) The extent to which the information is used, which includes the
number of users, and frequency, duration, and volume of use; and
    (H) Inflation.
    (ii) Manufacturers must submit to EPA a request for approval of
their pricing structure for their Web sites and amounts to be charged
for the information required to be made available under paragraphs
(j)(4) and (j)(6) of this section at least 180 days in advance of the
launch of the web site. Subsequent to the approval of the manufacturer
Web site pricing structure, manufacturers shall notify EPA upon the
increase in price of any one or all of the subscription options of 20
percent or more above the previously approved price, taking inflation
into account.
    (A) The manufacturer shall submit a request to EPA that sets forth
a detailed description of the pricing structure and amounts, and
support for the position that the pricing structure and amounts are
fair and reasonable by addressing, at a minimum, each of the factors
specified in paragraph (j)(8)(i) of this section.
    (B) EPA will act upon on the request within180 days following
receipt of a complete request or following receipt of any additional
information requested by EPA.
    (C) EPA may decide not to approve, or to withdraw approval for a
manufacturer's pricing structure and amounts based on a conclusion that
this pricing structure and/or amounts are not, or are no longer, fair
and reasonable, by sending written notice to the manufacturer
explaining the basis for this decision.
    (D) In the case of a decision by EPA not to approve or to withdraw
approval, the manufacturer shall within three months following notice
of this decision, obtain EPA approval for a revised pricing structure
and amounts by following the approval process described in this
paragraph.
    (9) Unavailable information. Any information which is not provided
at a fair and reasonable price shall be considered unavailable, in
violation of these regulations and section 202(m)(5) of the Clean Air
Act.
    (10) Third party information providers. By January 1, 2011
manufacturers shall, for model year 2010 and later engines, make
available to third-party information providers as defined in paragraph
(j)(3)(ii) of this section with whom they engage in licensing or
business arrangements;
    (i) The required emissions-related information as specified in
paragraph (j)(6) of this section either:
    (A) Directly in electronic format such as diskette or CD-ROM using
non-proprietary software, in English; or
    (B) Indirectly via a Web site other than that required by paragraph
(j)(4) of this section;
    (ii) For any manufacturer who utilizes an automated process in
their manufacturer-specific scan tool for diagnostic fault trees, the
data schema, detail specifications, including category types/codes and
engine codes, and data format/content structure of the diagnostic
trouble trees.
    (iii) Manufacturers can satisfy the requirement of paragraph
(j)(10)(ii) of this section by making available

diagnostic trouble trees on their manufacturer Web sites in full-text.
    (iv) Manufacturers are not responsible for the accuracy of the
information distributed by third parties. However, where manufacturers
charge information intermediaries for information, whether through
licensing agreements or other arrangements, manufacturers are
responsible for inaccuracies contained in the information they provide
to third party information providers.
    (11) Required emissions-related training information. By January 1,
2011, for emissions-related training information, manufacturers shall:
    (i) Video tape or otherwise duplicate and make available for sale
on manufacturer Web sites within 30 days after transmission any
emissions-related training courses provided to manufacturer franchised
dealerships via the Internet or satellite transmission;
    (ii) Provide on the manufacturer Web site an index of all
emissions-related training information available for purchase by
aftermarket service providers for 2010 and newer engines. The required
information must be made available for purchase within 3 months of
model introduction and then must be made available at the same time it
is made available to manufacturer franchised dealerships, whichever is
earlier. The index shall describe the title of the course or
instructional session, the cost of the video tape or duplicate, and
information on how to order the item(s) from the manufacturer Web site.
All of the items available must be shipped within 24 hours of the order
being placed and are to made available at a fair and reasonable price
as described in paragraph (j)(8) of this section. Manufacturers unable
to meet the 24 hour shipping requirement under circumstances where
orders exceed supply and additional time is needed by the distributor
to reproduce the item being ordered, may exceed the 24 hour shipping
requirement, but in no instance can take longer than 14 days to ship
the item.
    (iii) Provide access to third party training providers as defined
in paragraph (j)(3)(ii) of this section all emission-related training
courses transmitted via satellite or Internet offered to their
manufacturer franchised dealerships. Manufacturers may not charge
unreasonable up-front fees to third party training providers for this
access, but may require a royalty, percentage, or other arranged fee
based on per-use enrollment/subscription basis. Manufacturers may take
reasonable steps to protect any copyrighted information and are not
required to provide this information to parties that do not agree to
such steps.
    (12) Timeliness and maintenance of information dissemination.
    (i) Subsequent to the initial launch of the manufacturer's Web
site, manufacturers must make the information required under paragraph
(j)(6) of this section available on their Web site within six months of
model introduction, or at the same time it is made available to
manufacturer franchised dealerships. After this six month period, the
information must be available and updated on the manufacturer Web site
at the same time that the updated information is made available to
manufacturer franchised dealerships, except as otherwise specified in
this section.
    (ii) Archived information. Manufacturers must maintain the required
information on their Web sites in full-text as defined in paragraph
(j)(6) of this section for a minimum of 15 years after model
introduction. Subsequent to this fifteen year period, manufacturers may
archive the information in the manufacturer's format of choice and
provide an index of the archived information on the manufacturer Web
site and how it can be obtained by interested parties. Manufacturers
shall index their available information with a title that adequately
describes the contents of the document to which it refers.
Manufacturers may allow for the ordering of information directly from
their Web site, or from a Web site hyperlinked to the manufacturer Web
site. In the alternate, manufacturers shall list a phone number and
address where aftermarket service providers can call or write to obtain
the desired information. Manufacturers must also provide the price of
each item listed, as well as the price of items ordered on a
subscription basis. To the extent that any additional information is
added or changed for these model years, manufacturers shall update the
index as appropriate. Manufacturers will be responsible for ensuring
that their information distributors do so within one regular business
day of receiving the order. Items that are less than 20 pages (e.g.
technical service bulletins) shall be faxed to the requestor and
distributors are required to deliver the information overnight if
requested and paid for by the ordering party. Archived information must
be made available on demand and at a fair and reasonable price.
    (13) Recalibration Information.
    (i) Manufacturers shall make available to the persons specified in
paragraph (j)(3)(i) of this section all emissions-related recalibration
or reprogramming events (including driveability reprogramming events
that may affect emissions) in the format of their choice at the same
time they are made available to manufacturer franchised dealerships.
This requirement takes effect on July 1, 2010.
    (ii) Manufacturers shall provide persons specified in paragraph
(j)(3)(i) of this section with an efficient and cost-effective method
for identifying whether the calibrations on engines are the latest to
be issued. This requirement takes effect on July 1, 2010.
    (iii) For all 2010 and later OBD engines equipped with
reprogramming capability, manufacturers shall comply with either SAE
J2534, ``Recommended Practice for Pass-Thru Vehicle Programming'' ,
December 2004, or the Technology and Maintenance Council's (TMC)
Recommended Practice RP1210A. ``WindowsTM Communication
API'' , July 1999. These documents are Incorporated by Reference in
Sec.  86.1.
    (iv) For model years 2010 and later, manufacturers shall make
available to aftermarket service providers the necessary manufacturer-
specific software applications and calibrations needed to initiate
pass-through reprogramming. This software shall be able to run on a
standard personal computer that utilizes standard operating systems as
specified in either J2534 or RP1210A.
    (v) Manufacturers may take any reasonable business precautions
necessary to protect proprietary business information and are not
required to provide this information to any party that does not agree
to these reasonable business precautions. The requirements to make
hardware available and to release the information to equipment and tool
companies takes effect on July 1, 2010, and within 3 months of model
introduction for all new model years.
    (14) Generic and enhanced information for scan tools. By July 1,
2010, manufacturers shall make available to equipment and tool
companies all generic and enhanced service information including bi-
directional control and data stream information as defined in paragraph
(j)(4)(ii) of this section. This requirement applies for 2010 and later
model year engines.
    (i) The information required by this paragraph (j)(14) shall be
provided electronically using common document formats to equipment and
tool companies with whom they have appropriate licensing, contractual,
and/or confidentiality arrangements. To the extent that a central
repository for this

information (e.g. the TEK-NET library developed by the Equipment and
Tool Institute) is used to warehouse this information, the
Administrator shall have free unrestricted access. In addition,
information required by this paragraph (j)(14) shall be made available
to equipment and tool companies who are not otherwise members of any
central repository and shall have access if the non-members have
arranged for the appropriate licensing, contractual and/or
confidentiality arrangements with the manufacturer and/or a central
repository.
    (ii) In addition to the generic and enhanced information defined in
paragraph (j)(3)(ii) of this section, manufacturers shall also make
available the following information necessary for developing generic
diagnostic scan tools:
    (A) The physical hardware requirements for data communication (e.g.
system voltage requirements, cable terminals/pins, connections such as
RS232 or USB, wires, etc.)
    (B) Electronic Control Unit (ECU) data communication (e.g. serial
data protocols, transmission speed or baud rate, bit timing
requirements, etc),
    (C) Information on the application physical interface (API) or
layers. (i.e., processing algorithms or software design descriptions
for procedures such as connection, initialization, and termination),
    (D) Engine application information or any other related service
information such as special pins and voltages or additional connectors
that require enablement and specifications for the enablement.
    (iii) Any manufacturer who utilizes an automated process in their
manufacturer-specific scan tool for diagnostic fault trees shall make
available to equipment and tool companies the data schema, detail
specifications, including category types/codes and codes, and data
format/content structure of the diagnostic trouble trees.
    (iv) Manufacturers can satisfy the requirement of paragraph
(j)(14)(iii) of this section by making available diagnostic trouble
trees on their manufacturer Web sites in full-text.
    (v) Manufacturers shall make all required information available to
the requesting equipment and tool company within 14 days after the
request to purchase has been made unless the manufacturer requests
Administrator approval to refuse to disclose such information to the
requesting company or requests Administrator approval for additional
time to comply. After receipt of a request and consultation with the
affected parties, the Administrator shall either grant or refuse the
petition based on the evidence submitted during the consultation
process:
    (A) If the evidence demonstrates that the engine manufacturer has a
reasonably based belief that the requesting equipment and tool company
could not produce safe and functionally accurate tools that would not
cause damage to the engine, the petition for non-disclosure will be
granted. Engine manufacturers are not required to provide data stream
and bi-directional control information that would permit an equipment
and tool company's products to modify an EPA-certified engine or
transmission configuration.
    (B) If the evidence does not demonstrate that the engine
manufacturer has a reasonably-based belief that the requesting
equipment and tool company could not produce safe and functionally
accurate tools that would not cause damage to the engine, the petition
for non-disclosure will be denied and the engine manufacturer, as
applicable, shall make the requested information available to the
requesting equipment and tool company within 2 days of the denial.
    (vi) If the manufacturer submits a request for Administrator
approval for additional time, and satisfactorily demonstrates to the
Administrator that the engine manufacturer is able to comply but
requires additional time within which to do so, the Administrator shall
grant the request and provide additional time to fully and
expeditiously comply.
    (vii) Manufacturers may require that tools using information
covered under paragraph (j)(14) of this section comply with the
Component Identifier message specified in SAE J1939-71 as Parameter
Group Number (PGN) 65249 (including the message parameter's make,
model, and serial number) and the SAE J1939-81 Address Claim PGN.
    (15) Availability of manufacturer-specific scan tools.
Manufacturers shall make available for sale to the persons specified in
paragraph (j)(3)(i) of this section their own manufacturer-specific
diagnostic tools at a fair and reasonable cost. These tools shall also
be made available in a timely fashion either through the manufacturer
Web site or through a manufacturer-designated intermediary.
Manufacturers shall ship purchased tools in a timely manner after a
request and training, if any, has been completed. Any required training
materials and classes must be made available at a fair and reasonable
price. Manufacturers who develop different versions of one or more of
their diagnostic tools that are used in whole or in part for emission-
related diagnosis and repair shall also insure that all emission-
related diagnosis and repair information is available for sale to the
aftermarket at a fair and reasonable cost. Factors for determining fair
and reasonable cost include, but are not limited to:
    (i) The net cost to the manufacturer's franchised dealerships for
similar tools obtained from manufacturers, less any discounts, rebates,
or other incentive programs;
    (ii) The cost to the manufacturer for preparing and distributing
the tools, excluding any research and development costs;
    (iii) The price charged by other manufacturers of similar sizes for
similar tools;
    (iv) The capabilities and functionality of the manufacturer tool;
    (v) The means by which the tools are distributed;
    (vi) Inflation;
    (vii) The ability of aftermarket technicians and shops to afford
the tools. Manufacturers shall provide technical support to aftermarket
service providers for the tools described in this section, either
themselves or through a third-party of their choice.
    (16) Changing content of manufacturer-specific scan tools.
Manufacturers who opt to remove non-emissions related content from
their manufacturer-specific scan tools and sell them to the persons
specified in paragraph (j)(3)(i) of this section shall adjust the cost
of the tool accordingly lower to reflect the decreased value of the
scan tool. All emissions-related content that remains in the
manufacturer-specific tool shall be identical to the information that
is contained in the complete version of the manufacturer specific tool.
Any manufacturer who wishes to implement this option must request
approval from the Administrator prior to the introduction of the tool
into commerce.
    (17) Reference Materials. Manufacturers shall conform with the
following Society of Automotive Engineers (SAE) standards. These
documents are incorporated by reference in Sec.  86.1.
    (i) For Web-based delivery of service information, manufacturers
shall comply with SAE Recommended Practice J2403, Medium/Heavy-Duty E/E
Systems Diagnosis Nomenclature; August 2004. This recommended practice
standardizes various terms, abbreviations, and acronyms associated with
on-board diagnostics. Manufacturers shall comply with SAE J2403
beginning with the Model Year 2013.

    (ii) For identification and scaling information necessary to
interpret and understand data available through Diagnostic Message 8,
manufacturers shall comply with SAE Recommended Practice J1939-73,
Application Layer--Diagnostics, revised June 2001. In the alternate,
manufacturers may comply with Service/Mode $06 pursuant to SAE
Recommended Practice J1979, E/E Diagnostic Test Modes--Equivalent to
ISO/DIS 15031-5: April 30, 2002. These recommended practices describe
the implementation of diagnostic test modes for emissions related test
data. Manufacturers shall comply with either SAE J1939-73 or SAE J1979
beginning with Model Year 2013. These recommended practices describe
the implementation of diagnostic test modes for emissions related test
data.
    (iii) For pass-thru reprogramming capabilities, manufacturers shall
comply with Technology and Maintenance Council's (TMC) Recommended
Practice RP1210A, ``WindowsTM Communication API'' , July
1999. In the alternate, manufacturers may comply with SAE J2534,
Recommended Practice for Pass-Thru Vehicle Programming, December 2004.
These recommended practices provide technical specifications and
information that manufacturers must supply to equipment and tool
companies to develop aftermarket pass-thru reprogramming tools.
Manufacturers shall comply with either RP1210A or SAE J2534 beginning
with Model Year 2013.
    (18) Reporting Requirements. Performance reports that adequately
demonstrate that each manufacturer's Web site meets the information
requirements outlined in paragraphs (j)(6)(i) through (j)(6)(vi) of
this section shall be submitted to the Administrator annually or upon
request by the Administrator. These reports shall indicate the
performance and effectiveness of the Web sites by using commonly used
Internet statistics (e.g., successful requests, frequency of use,
number of subscriptions purchased, etc.) Manufacturers shall provide to
the Administrator reports on an annual basis within 30 days of the end
of the calendar year. These annual reports shall be submitted to the
Administrator electronically utilizing non-proprietary software in the
format as agreed to by the Administrator and the manufacturers.
    (19) Prohibited Acts, Liability and Remedies.
    (i) It is a prohibited act for any person to fail to promptly
provide or cause a failure to promptly provide information as required
by this paragraph (j), or to otherwise fail to comply or cause a
failure to comply with any provision of this subsection.
    (ii) Any person who fails or causes the failure to comply with any
provision of this paragraph (j) is liable for a violation of that
provision. A corporation is presumed liable for any violations of this
subpart that are committed by any of its subsidiaries, affiliates or
parents that are substantially owned by it or substantially under its
control.
    (iii) Any person who violates a provision of this paragraph (j)
shall be subject to a civil penalty of not more than $31,500 per day
for each violation. This maximum penalty is shown for calendar year
2002. Maximum penalty limits for later years may be set higher based on
the Consumer Price Index, as specified in 40 CFR part 19. In addition,
such person shall be liable for all other remedies set forth in Title
II of the Clean Air Act, remedies pertaining to provisions of Title II
of the Clean Air Act, or other applicable provisions of law.
    10. Section 86.013-2 is added to Subpart A to read as follows:

Sec.  86.013-2  Definitions.

    The definitions of Sec.  86.004-2 continue to apply to 2004 and
later model year vehicles, and the definitions of Sec.  86.010-2
continue to apply to 2010 and later model year vehicles. The
definitions listed in this section apply beginning with the 2013 model
year.
    Onboard Diagnostics (OBD) group means a combination of engines,
engine families, or engine ratings that use the same OBD strategies and
similar calibrations.
    11. Section 86.013-17 is added to Subpart A to read as follows:

Sec.  86.013-17  On-board Diagnostics for engines used in applications
less than or equal to 14,000 pounds GVWR.

    Section 86.013-17 includes text that specifies requirements that
differ from Sec.  86.005-17, Sec.  86.007-17, and Sec.  86.010-17.
Where a paragraph in Sec.  86.005-17 or Sec.  86.007-17 or Sec.
86.010-17 is identical and applicable to Sec.  86.013-17, this may be
indicated by specifying the corresponding paragraph and the statement
``[Reserved]. For guidance see Sec.  86.005-17.'' or ``[Reserved]. For
guidance see Sec.  86.007-17.'' or ``[Reserved]. For guidance see Sec.
86.010-17.''
    (a) through (b)(1)(i) [Reserved]. For guidance see Sec.  86.010-17.
    (b)(1)(ii) Diesel.
    (A) If equipped, reduction catalyst deterioration or malfunction
before it results in exhaust NOX emissions exceeding the
applicable NOX FEL+0.3 g/bhp-hr. If equipped, oxidation
catalyst deterioration or malfunction before it results in exhaust NMHC
emissions exceeding 2 times the applicable NMHC standard. These
catalyst monitoring requirements need not be done if the manufacturer
can demonstrate that deterioration or malfunction of the system will
not result in exceedance of the threshold.
    (B) If equipped, diesel particulate trap deterioration or
malfunction before it results in exhaust emissions exceeding any of the
following levels: the applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr
PM, whichever is higher; or, exhaust NMHC emissions exceeding 2 times
the applicable NMHC standard. Catastrophic failure of the particulate
trap must also be detected. In addition, the absence of the particulate
trap or the trapping substrate must be detected.
    (b)(2) [Reserved]. For guidance see Sec.  86.005-17.
    (b)(3)(i) Oxygen sensors and air-fuel ratio sensors downstream of
aftertreatment devices.
    (A) Otto-cycle. If equipped, sensor deterioration or malfunction
resulting in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for NMHC, NOX or CO.
    (B) Diesel. If equipped, sensor deterioration or malfunction
resulting in exhaust emissions exceeding any of the following levels:
the applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, whichever is
higher; or, the applicable NOX FEL+0.3 g/bhp-hr; or, 2 times
the applicable NMHC standard.
    (ii) Oxygen sensors and air-fuel ratio sensors upstream of
aftertreatment devices.
    (A) Otto-cycle. If equipped, sensor deterioration or malfunction
resulting in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for NMHC, NOX or CO.
    (B) Diesel. If equipped, sensor deterioration or malfunction
resulting in exhaust emissions exceeding any of the following levels:
the applicable PM FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM, whichever is
higher; or, the applicable NOX FEL+0.3 g/bhp-hr; or, 2 times
the applicable NMHC standard; or, 2 times the applicable CO standard.
    (iii) NOX sensors.
    (A) Otto-cycle. If equipped, sensor deterioration or malfunction
resulting in exhaust emissions exceeding 1.5 times the applicable
standard or FEL for NMHC, NOX or CO.
    (B) Diesel. If equipped, sensor deterioration or malfunction
resulting in exhaust emissions exceeding any of the following levels:
the applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, whichever is
higher; or, the applicable NOX FEL+0.3 g/bhp-hr.

    (b)(4) [Reserved]. For guidance see Sec.  86.005-17.
    (b)(5) Other emission control systems and components.
    (i) Otto-cycle. Any deterioration or malfunction occurring in an
engine system or component directly intended to control emissions,
including but not necessarily limited to, the exhaust gas recirculation
(EGR) system, if equipped, the secondary air system, if equipped, and
the fuel control system, singularly resulting in exhaust emissions
exceeding 1.5 times the applicable emission standard or FEL for NMHC,
NOX or CO. For engines equipped with a secondary air system,
a functional check, as described in Sec. 86.005-17(b)(6), may satisfy
the requirements of this paragraph (b)(5) provided the manufacturer can
demonstrate that deterioration of the flow distribution system is
unlikely. This demonstration is subject to Administrator approval and,
if the demonstration and associated functional check are approved, the
diagnostic system must indicate a malfunction when some degree of
secondary airflow is not detectable in the exhaust system during the
check. For engines equipped with positive crankcase ventilation (PCV),
monitoring of the PCV system is not necessary provided the manufacturer
can demonstrate to the Administrator's satisfaction that the PCV system
is unlikely to fail.
    (ii) Diesel. Any deterioration or malfunction occurring in an
engine system or component directly intended to control emissions,
including but not necessarily limited to, the exhaust gas recirculation
(EGR) system, if equipped, and the fuel control system, singularly
resulting in exhaust emissions exceeding any of the following levels:
the applicable PM FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM, whichever is
higher; or, the applicable NOX FEL+0.3 g/bhp-hr; or, 2 times
the applicable NMHC standard; or, 2 times the applicable CO standard. A
functional check, as described in Sec. 86.005-17(b)(6), may satisfy the
requirements of this paragraph (b)(5) provided the manufacturer can
demonstrate that a malfunction would not cause emissions to exceed the
applicable levels. This demonstration is subject to Administrator
approval. For engines equipped with crankcase ventilation (CV),
monitoring of the CV system is not necessary provided the manufacturer
can demonstrate to the Administrator's satisfaction that the CV system
is unlikely to fail.
    (b)(6) through (j) [Reserved]. For guidance see Sec.  86.010-17.
    (k) [Reserved.]
    12. Section 86.013-18 is added to Subpart A to read as follows:

Sec.  86.013-18  On-board Diagnostics for engines used in applications
greater than 14,000 pounds GVWR.

    Section 86.013-18 includes text that specifies requirements that
differ from Sec.  86.010-18. Where a paragraph in Sec.  86.010-18 is
identical and applicable to Sec.  86.013-18, this may be indicated by
specifying the corresponding paragraph and the statement ``[Reserved].
For guidance see Sec.  86.010-18.'' However, where a paragraph in Sec.
86.010-18 is identical and applicable to Sec.  86.013-18, and there
appears the statement ``[Reserved]. For guidance see Sec.  86.010-18,''
it shall be understood that any referenced tables within Sec.  86.010-
18 shall actually refer to the applicable table shown in Sec.  86.013-
18.
    (a) General. All heavy-duty engines intended for use in a heavy-
duty vehicle weighing more than 14,000 pounds GVWR must be equipped
with an on-board diagnostic (OBD) system capable of monitoring all
emission-related engine systems or components during the life of the
engine. The OBD system is required to detect all malfunctions specified
in paragraphs (g), and (i) of this section and paragraph (h) of Sec.
86.010-18 although the OBD system is not required to use a unique
monitor to detect each of those malfunctions.
    (a)(1) [Reserved]. For guidance see Sec.  86.010-18.
    (a)(2) The OBD system must be equipped with a standardized data
link connector to provide access to the stored DTCs as specified in
paragraph (k)(2) of this section.
    (a)(3) and (a)(4) [Reserved]. For guidance see Sec.  86.010-18.
    (b) Malfunction indicator light (MIL) and Diagnostic Trouble Codes
(DTC). The OBD system must incorporate a malfunction indicator light
(MIL) or equivalent and must store specific types of diagnostic trouble
codes (DTC).
    (1) MIL specifications.
    (i) The MIL must be located on the driver's side instrument panel
and be of sufficient illumination and location to be readily visible
under all lighting conditions. The MIL must be amber (yellow) in color;
the use of red for the OBD-related MIL is prohibited. More than one
general purpose malfunction indicator light for emission-related
problems shall not be used; separate specific purpose warning lights
(e.g., brake system, fasten seat belt, oil pressure, etc.) are
permitted. When activated, the MIL must display the engine symbol
designated as F01 by the International Standards Organization (ISO) in
``Road vehicles--Symbols for controls, indicators and tell-tales,'' ISO
2575:2004.
    (b)(1)(ii) through (b)(1)(iv) [Reserved]. For guidance see Sec.
86.010-18.
    (b)(1)(v) The MIL required by this paragraph (b) must not be used
in any other way than is specified in this section.
    (b)(2) [Reserved]. For guidance see Sec.  86.010-18.
    (b)(3) MIL deactivation and DTC erasure protocol.
    (i) Deactivating the MIL. Except as otherwise provided for in
paragraph (g)(2)(iv)(E) of this section and Sec.  86.010-
18(g)(6)(iv)(B) for diesel misfire malfunctions and empty reductant
tanks, and paragraphs (h)(1)(iv)(F), (h)(2)(viii), and (h)(7)(iv)(B) of
Sec.  86.010-18 for gasoline fuel system, misfire, and evaporative
system malfunctions, once the MIL has been activated, it may be
deactivated after three subsequent sequential drive cycles during which
the monitoring system responsible for activating the MIL functions and
the previously detected malfunction is no longer present and provided
no other malfunction has been detected that would independently
activate the MIL according to the requirements outlined in Sec.
86.010-18(b)(2).
    (b)(3)(ii) through (b)(4) [Reserved.] For guidance see Sec.
86.010-18.
    (c) Monitoring conditions. The OBD system must monitor and detect
the malfunctions specified in paragraphs (g) and (i) of this section
and Sec.  86.010-18(h) under the following general monitoring
conditions. The more specific monitoring conditions of paragraph (d) of
this section are sometimes required according to the provisions of
paragraphs (g) and (i) of this section and Sec. 86.010-18(h).
    (1) As specifically provided for in paragraphs (g) and (i) of this
section and Sec.  86.010-18(h), the monitoring conditions for detecting
malfunctions must be technically necessary to ensure robust detection
of malfunctions (e.g. avoid false passes and false indications of
malfunctions); designed to ensure monitoring will occur under
conditions that may reasonably be expected to be encountered in normal
vehicle operation and normal vehicle use; and, designed to ensure
monitoring will occur during the FTP transient test cycle contained in
Appendix I paragraph (f), of this part, or similar drive cycle as
approved by the Administrator.
    (c)(2) [Reserved]. For guidance see Sec.  86.010-18.
    (c)(3) Manufacturers may request approval to define monitoring
conditions that are not encountered during the FTP cycle as required in
paragraph (c)(1) of this section. In

evaluating the manufacturer's request, the Administrator will consider
the degree to which the requirement to run during the FTP transient
cycle restricts monitoring during in-use operation, the technical
necessity for defining monitoring conditions that are not encountered
during the FTP cycle, data and/or an engineering evaluation submitted
by the manufacturer that demonstrate that the component/system does not
normally function during the FTP, whether monitoring is otherwise not
feasible during the FTP cycle, and/or the ability of the manufacturer
to demonstrate that the monitoring conditions satisfy the minimum
acceptable in-use monitor performance ratio requirement as defined in
paragraph (d)(1)(ii) of this section.
    (d) through (d)(1)(i) [Reserved]. For guidance see Sec.  86.010-18.
    (d)(1)(ii) Manufacturers must define monitoring conditions that, in
addition to meeting the criteria in paragraph (c)(1) of this section
and Sec.  86.010-18(d) through (d)(1)(i), ensure that the monitor
yields an in-use performance ratio (as defined in Sec.  86.010-18(d)(2)
that meets or exceeds the minimum acceptable in-use monitor performance
ratio of 0.100 for all monitors specifically required in paragraphs (g)
and (i) of this section and Sec.  86.010-18(h) to meet the monitoring
condition requirements in Sec.  86.010-(18)(d)(1)(i).
    (iii) If the most reliable monitoring method developed requires a
lower ratio for a specific monitor than that specified in paragraph
(d)(1)(ii) of this section, the Administrator may lower the minimum
acceptable in-use monitoring performance ratio.
    (d)(2) through (d)(3)(iv) [Reserved]. For guidance see Sec.
86.010-18.
    (d)(3)(v) Manufacturers that use alternative statistical MIL
activation protocols as allowed in Sec.  86.010-18(b)(2)(iii) for any
of the monitors requiring a numerator, are required to increment the
numerator(s) appropriately. The manufacturer may be required to provide
supporting data and/or engineering analyses demonstrating both the
equivalence of their incrementing approach to the incrementing
specified in this paragraph (d)(3) for monitors using the standard MIL
activation protocol, and the overall equivalence of the incrementing
approach in determining that the minimum acceptable in-use performance
ratio of paragraph (d)(1)(ii) of this section has been satisfied.
    (d)(4) through (f) [Reserved]. For guidance see Sec.  86.010-18.
    (g) OBD monitoring requirements for diesel-fueled/compression-
ignition engines. The following table shows the thresholds at which
point certain components or systems, as specified in this paragraph
(g), are considered malfunctioning.

  Table 1.--OBD Emissions Thresholds for Diesel-Fueled/Compression Ignition Engines Meant for Engines Placed in
                             Applications Greater Than 14,000 Pounds GVWR (g/bhp-hr)
----------------------------------------------------------------------------------------------------------------
                                  Sec.   86.010-
           Component               18 reference         NMHC              CO              NOX             PM
----------------------------------------------------------------------------------------------------------------
NMHC catalyst system...........  (g)(5).........  2x.............  ...............  ...............  ...........
NOX aftertreatment system......  (g)(6).........  ...............  ...............  +0.3...........  ...........
                                 (g)(7)
Diesel particulate filter (DPF)  (g)(8).........  2x.............  ...............  ...............   0.05/+0.04
 system.
Air-fuel ratio sensors upstream  (g)(9).........  2x.............  2x.............  +0.3...........   0.03/+0.02
 of aftertreatment devices.
Air-fuel ratio sensors           (g)(9).........  2x.............  ...............  +0.3...........   0.05/+0.04
 downstream of aftertreatment
 devices.
NOX sensors....................  (g)(9).........  ...............  ...............  +0.3...........   0.05/+0.04
``Other monitors'' with          (g)(1).........  2x.............  2x.............  +0.3...........   0.03/+0.02
 emissions thresholds.           (g)(2).........
                                 (g)(3)
                                 (g)(4)
                                 (g)(10)
----------------------------------------------------------------------------------------------------------------
Notes: FEL=Family Emissions Limit; 2x std means a multiple of 2 times the applicable emissions standard; +0.3
  means the standard or FEL plus 0.3; 0.05/+0.04 means an absolute level of 0.05 or an additive level of the
  standard or FEL plus 0.04, whichever level is higher; these emissions thresholds apply to the monitoring
  requirements of paragraph (g) of this Sec.   86.013-18.

    (1) Fuel system monitoring.
    (g)(1)(i) through (g)(1)(iii)(A) [Reserved]. For guidance see Sec.
86.010-18.
    (g)(1)(iii)(B) The manufacturer must define the monitoring
conditions for malfunctions identified in Sec.  86.010-18(g)(1)(ii)(B)
and (g)(1)(ii)(C) and Table 1 of paragraph (g) of this section in
accordance with paragraphs (c) and (d) of this section.
    (iv) Fuel system MIL activation and DTC storage. The MIL must
activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (2) Engine misfire monitoring.
    (g)(2)(i) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(2)(ii) Engine misfire malfunction criteria.
    (A) The OBD system must be capable of detecting misfire occurring
in one or more cylinders. To the extent possible without adding
hardware for this specific purpose, the OBD system must also identify
the specific misfiring cylinder. If more than one cylinder is
continuously misfiring, a separate DTC must be stored indicating that
multiple cylinders are misfiring. When identifying multiple cylinder
misfire, the OBD system is not required to identify individually
through separate DTCs each of the continuously misfiring cylinders.
    (B) On engines equipped with sensors that can detect combustion or
combustion quality (e.g., for use in engines with homogeneous charge
compression ignition (HCCI) control systems), the OBD system must
detect a misfire malfunction causing emissions to exceed the applicable
thresholds for ``other monitors'' shown in Table 1 of this paragraph
(g). To determine what level of misfire would cause emissions to exceed
the applicable emissions thresholds, the manufacturer must determine
the percentage of misfire evaluated in 1,000 revolution increments that
would cause emissions from an emission durability demonstration engine
to exceed the emissions thresholds if the percentage of misfire were
present from the beginning of the test. To establish this percentage of
misfire, the manufacturer must use misfire events occurring at equally
spaced, complete engine cycle intervals, across randomly selected
cylinders throughout each 1,000-revolution increment. If this
percentage

of misfire is determined to be lower than one percent, the manufacturer
may set the malfunction criteria at one percent. Any misfire
malfunction must be detected if the percentage of misfire established
via this testing is exceeded regardless of the pattern of misfire
events (e.g., random, equally spaced, continuous). The manufacturer may
employ other revolution increments besides the 1,000 revolution
increment. To do so, the manufacturer must demonstrate that the
strategy is equally effective and timely in detecting misfire.
    (iii) Engine misfire monitoring conditions.
    (g)(2)(iii)(A) and (g)(2)(iii)(B) [Reserved]. For guidance see
Sec.  86.010-18.
    (g)(2)(iii)(C) For engines equipped with sensors that can detect
combustion or combustion quality the OBD system must monitor
continuously for engine misfire under all positive torque engine speed
and load conditions. If a monitoring system cannot detect all misfire
patterns under all required engine speed and load conditions, the
manufacturer may request that the Administrator approve the monitoring
system nonetheless. In evaluating the manufacturer's request, the
Administrator will consider the following factors: the magnitude of the
region(s) in which misfire detection is limited; the degree to which
misfire detection is limited in the region(s) (i.e., the probability of
detection of misfire events); the frequency with which said region(s)
are expected to be encountered in-use; the type of misfire patterns for
which misfire detection is troublesome; and demonstration that the
monitoring technology employed is not inherently incapable of detecting
misfire under required conditions (i.e., compliance can be achieved on
other engines). The evaluation will be based on the following misfire
patterns: equally spaced misfire occurring on randomly selected
cylinders; single cylinder continuous misfire; and, paired cylinder
(cylinders firing at the same crank angle) continuous misfire.
    (iv) Engine misfire MIL activation and DTC storage.
    (A) General requirements for MIL activation and DTC storage are set
forth in paragraph (b) of this section.
    (B) For engines equipped with sensors that can detect combustion or
combustion quality, upon detection of the percentage of misfire
specified in paragraph (g)(2)(ii)(B) of this section, the following
criteria shall apply for MIL activation and DTC storage: A pending DTC
must be stored no later than after the fourth exceedance of the
percentage of misfire specified in paragraph (g)(2)(ii) of this section
during a single drive cycle; if a pending fault code has been stored,
the OBD system must activate the MIL and store a MIL-on DTC within 10
seconds if the percentage of misfire specified in paragraph (g)(2)(ii)
of this section is again exceeded four times during the drive cycle
immediately following storage of the pending DTC, regardless of the
conditions encountered during the drive cycle, or on the next drive
cycle in which similar conditions are encountered to those that were
occurring when the pending DTC was stored. Similar conditions means an
engine speed within 375 rpm, engine load within 20 percent, and the
same warm up status (i.e., cold or hot). The Administrator may approve
other definitions of similar conditions based on comparable timeliness
and reliability in detecting similar engine operation. The pending DTC
may be erased at the end of the next drive cycle in which similar
conditions are encountered to those that were occurring when the
pending DTC was stored provided the specified percentage of misfire was
not again exceeded. The pending DTC may also be erased if similar
conditions are not encountered during the 80 drive cycles immediately
following initial detection of the malfunction.
    (C) For engines equipped with sensors that can detect combustion or
combustion quality, the OBD system must store and erase freeze frame
conditions either in conjunction with storing and erasing a pending DTC
or in conjunction with storing and erasing a MIL-on DTC. If freeze
frame conditions are stored for a malfunction other than a misfire
malfunction when a DTC is stored as specified in paragraph
(g)(2)(iv)(B) of this section, the stored freeze frame information must
be replaced with the freeze frame information regarding the misfire
malfunction.
    (D) For engines equipped with sensors that can detect combustion or
combustion quality, upon detection of misfire according to paragraph
(g)(2)(iv)(B) of this section, the OBD system must also store the
following engine conditions: engine speed, load, and warm up status of
the first misfire event that resulted in the storage of the pending
DTC.
    (E) For engines equipped with sensors that can detect combustion or
combustion quality, the MIL may be deactivated after three sequential
drive cycles in which similar conditions have been encountered without
an exceedance of the specified percentage of misfire.
    (3) EGR system monitoring.
    (g)(3)(i) and (g)(3)(ii) [Reserved]. For guidance see Sec.  86.010-
18.
    (g)(3)(iii) EGR system monitoring conditions.
    (g)(3)(iii)(A) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(3)(iii)(B) The manufacturer must define the monitoring
conditions for malfunctions identified in Sec.  86.010-18(g)(3)(ii)(C)
and Table 1 of paragragh (g) of this section in accordance with
paragraphs (c) and (d) of this section, with the exception that
monitoring must occur every time the monitoring conditions are met
during the drive cycle rather than once per drive cycle as required in
Sec.  86.010-18(c)(2). For purposes of tracking and reporting as
required in Sec.  86.010-18(d) through (d)(1)(i), all monitors used to
detect malfunctions identified in Sec.  86.010-18(g)(3)(ii)(C) and
Table 1 of paragraph (g) of this section must be tracked separately but
reported as a single set of values as specified in Sec.  86.010-
18(e)(1)(iii).
    (C) The manufacturer must define the monitoring conditions for
malfunctions identified in Sec.  86.010-18(g)(3)(ii)(E) and Table 1 of
paragraph (g) of this section in accordance with paragraphs (c) and (d)
of this section. For purposes of tracking and reporting as required in
Sec.  86.010-18(d) through (d)(1)(i), all monitors used to detect
malfunctions identified in Sec.  86.010-18(g)(3)(ii)(E) and Table 1 of
paragraph (g) of this section must be tracked separately but reported
as a single set of values as specified in Sec.  86.010-18(e)(1)(iii).
    (g)(3)(iii)(D) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(3)(iv) EGR system MIL activation and DTC storage. The MIL must
activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (4) Turbo boost control system monitoring.
    (g)(4)(i) and (g)(4)(ii) [Reserved]. For guidance see Sec.  86.010-
18.
    (g)(4)(iii) Turbo boost control system monitoring conditions.
    (g)(4)(iii)(A) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(iii)(3)(B) The manufacturer must define the monitoring
conditions for malfunctions identified in Sec.  86.010-18(g)(4)(ii)(C)
and Table 1 of paragraph (g) of this section in accordance with
paragraphs (c) and (d) of this section, with the exception that
monitoring must occur every time the monitoring conditions are met
during the drive cycle rather than once per drive cycle as required in
Sec.  86.010-18(c)(2). For purposes of tracking and reporting as
required in Sec.  86.010-18(d) through (d)(1)(i), all monitors used to
detect

malfunctions identified in Sec.  86.010-18(g)(4)(ii)(C) and Table 1 of
paragraph (g) of this section must be tracked separately but reported
as a single set of values as specified in Sec.  86.010-18(e)(1)(iii).
    (C) The manufacturer must define the monitoring conditions for
malfunctions identified in Sec.  86.010-18(g)(4)(ii)(E) and Table 1 of
paragraph (g) of this section in accordance with paragraphs (c) and (d)
of this section. For purposes of tracking and reporting as required in
Sec.  86.010-18(d) through (d)(1)(i), all monitors used to detect
malfunctions identified in Sec.  86.010-18(g)(4)(ii)(E) and Table 1 of
paragraph (g) of this section must be tracked separately but reported
as a single set of values as specified in Sec.  86.010-18(e)(1)(iii).
    (iv) Turbo boost system MIL activation and DTC storage. The MIL
must activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (5) NMHC converting catalyst monitoring.
    (g)(5)(i) and (g)(5)(ii) [Reserved]. For guidance see Sec.  86.010-
18.
    (g)(5)(iii) NMHC converting catalyst monitoring conditions. The
manufacturer must define the monitoring conditions for malfunctions
identified in Sec.  86.010-18(g)(5)(ii)(A) and (g)(5)(ii)(B) and Table
1 of paragraph (g) of this section in accordance with paragraphs (c)
and (d) of this section. For purposes of tracking and reporting as
required in Sec.  86.010-18(d) through (d)(1)(i), all monitors used to
detect malfunctions identified in Sec.  86.010-18(g)(5)(ii)(A) and
(g)(5)(ii)(B) and Table 1 of paragraph (g) of this section must be
tracked separately but reported as a single set of values as specified
in Sec.  86.010-18(e)(1)(iii).
    (iv) NMHC converting catalyst MIL activation and DTC storage. The
MIL must activate and DTCs must be stored according to the provisions
of paragraph (b) of this section. The monitoring method for the NMHC
converting catalyst(s) must be capable of detecting all instances,
except diagnostic self-clearing, when a catalyst DTC has been erased
but the catalyst has not been replaced (e.g., catalyst over-temperature
histogram approaches are not acceptable).
    (6) Selective catalytic reduction (SCR) and lean NOX
catalyst monitoring.
    (g)(6)(i) and (g)(6)(ii) [Reserved]. For guidance see Sec.  86.010-
18
    (g)(6)(iii) SCR and lean NOX catalyst monitoring
conditions.
    (A) The manufacturers must define the monitoring conditions for
malfunctions identified in Sec.  86.010-18(g)(6)(ii)(A) and Table 1 of
paragraph (g) of this section in accordance with paragraphs (c) and (d)
of this section. For purposes of tracking and reporting as required in
Sec.  86.010-18(d) through (d)(1)(i), all monitors used to detect
malfunctions identified in Sec.  86.010-18(g)(6)(ii)(A) and Table 1 of
paragraph (g) of this section must be tracked separately but reported
as a single set of values as specified in Sec.  86.010-18(e)(1)(iii).
    (g)(6)(iii)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(6)(iv) SCR and lean NOX catalyst MIL activation and
DTC storage.
    (A) For malfunctions identified in Sec.  86.010-18(g)(6)(ii)(A) and
Table 1 of paragraph (g) of this section, the MIL must activate and
DTCs must be stored according to the provisions of paragraph (b) of
this section.
    (g)(6)(iv)(B) and (g)(6)(iv)(C) [Reserved]. For guidance see Sec.
86.010-18.
    (g)(7) NOX adsorber system monitoring.
    (g)(7)(i) and (g)(7)(ii) [Reserved]. For guidance see Sec.  86.010-
18.
    (g)(7)(iii) NOX adsorber system monitoring conditions.
    (A) The manufacturer must define the monitoring conditions for
malfunctions identified in Sec.  86.010-18(g)(7)(ii)(A) and Table 1 of
paragraph (g) of this section in accordance with paragraphs (c) and (d)
of this section. For purposes of tracking and reporting as required in
Sec.  86.010-18(d) through (d)(1)(i), all monitors used to detect
malfunctions identified in Sec.  86.010-18(g)(7)(ii)(A) and Table 1 of
paragraph (g) of this section must be tracked separately but reported
as a single set of values as specified in of Sec.  86.010-
18(e)(1)(iii).
    (g)(7)(iii)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(7)(iv) NOX adsorber system MIL activation and DTC storage. The
MIL must activate and DTCs must be stored according to the provisions
of paragraph (b) of this section.
    (8) Diesel particulate filter (DPF) system monitoring.
    (g)(8)(i) and (g)(8)(ii) [Reserved]. For guidance see Sec.  86.010-
18.
    (g)(8)(iii) DPF monitoring conditions. The manufacturer must define
the monitoring conditions for malfunctions identified in Sec.  86.010-
18(g)(8)(ii) and Table 1 of paragraph (g) of this section in accordance
with paragraphs (c) and (d) of this section, with the exception that
monitoring must occur every time the monitoring conditions are met
during the drive cycle rather than once per drive cycle as required in
Sec.  86.010-18(c)(2). For purposes of tracking and reporting as
required in Sec.  86.010-18(d) through (d)(1)(i), all monitors used to
detect malfunctions identified in Sec.  86.010-18(g)(8)(ii) and Table 1
of paragraph (g) of this section must be tracked separately but
reported as a single set of values as specified in Sec.  86.010-
18(e)(1)(iii).
    (iv) DPF system MIL activation and DTC storage. The MIL must
activate and DTCs must be stored according to the provisions of
paragraph (b) of this section.
    (9) Exhaust gas sensor and sensor heater monitoring.
    (g)(9)(i) through (g)(9)(vi) [Reserved]. For guidance see Sec.
86.010-18.
    (g)(9)(vii) Monitoring conditions for exhaust gas sensors.
    (A) The manufacturer must define the monitoring conditions for
malfunctions identified in Sec.  86.010-18(g)(9)(ii)(A),
(g)(9)(iii)(A), and (g)(9)(iv)(A) (i.e., sensor performance) and Table
1 of paragraph (g) of this section in accordance with paragraphs (c)
and (d) of this section. For purposes of tracking and reporting as
required in Sec.  86.010-18(d) through (d)(1)(i), all monitors used to
detect malfunctions identified in Sec.  86.010-18(g)(9)(ii)(A),
(g)(9)(iii)(A), and(g)(9)(iv)(A) and Table 1 of paragraph (g) of this
section must be tracked separately but reported as a single set of
values as specified in Sec.  86.010-18(e)(1)(iii).
    (B) The manufacturer must define the monitoring conditions for
malfunctions identified in Sec.  86.010-18(g)(9)(ii)(D),
(g)(9)(iii)(D), and (g)(9)(iv)(D) (i.e., monitoring function) and Table
1 of paragraph (g) of this section in accordance with paragraphs (c)
and (d) of this section with the exception that monitoring must occur
every time the monitoring conditions are met during the drive cycle
rather than once per drive cycle as required in Sec.  86.010-18(c)(2).
    (g)(9)(vii)(C) and (g)(9)(vii)(D) [Reserved]. For guidance see
Sec.  86.010-18.
    (g)(9)(viii) Monitoring conditions for exhaust gas sensor heaters.
    (A) The manufacturer must define monitoring conditions for
malfunctions identified in Sec.  86.010-18(g)(9)(A) (i.e., sensor
heater performance) and Table 1 of paragraph (g) of this section in
accordance with paragraphs (c) and (d) of this section.
    (g)(9)(viii)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (g)(9)(ix) Exhaust gas sensor and sensor heater MIL activation and
DTC storage. The MIL must activate and DTCs must be stored according to
the provisions of paragraph (b) of this section.
    (10) Variable valve timing (VVT) system monitoring.

    (g)(10)(i) and (g)(10)(vii) [Reserved]. For guidance see Sec.
86.010-18.
    (g)(10)(iii) VVT system monitoring conditions. Manufacturers must
define the monitoring conditions for VVT system malfunctions identified
in Sec.  86.010-18(g)(10)(ii) and Table 1 of paragraph (g) of this
section in accordance with paragraphs (c) and (d) of this section, with
the exception that monitoring must occur every time the monitoring
conditions are met during the drive cycle rather than once per drive
cycle as required in Sec.  86.010-18(c)(2). For purposes of tracking
and reporting as required in Sec.  86.010-18(d) through (d)(1)(i), all
monitors used to detect malfunctions identified in Sec.  86.010-
18(g)(10)(ii) and Table 1 of paragraph (g) of this section must be
tracked separately but reported as a single set of values as specified
in Sec.  86.010-18(d)(1)(iii).
    (iv) VVT MIL activation and DTC storage. The MIL must activate and
DTCs must be stored according to the provisions of paragraph (b) of
this section.
    (h) [Reserved]. For guidance see Sec.  86.010-18.
    (i) OBD monitoring requirements for all engines.
    (1) Engine cooling system monitoring.
    (i)(1)(i) through (i)(1)(iii) [Reserved]. For guidance see Sec.
86.010-18.
    (i)(1)(iv) Monitoring conditions for the thermostat.
    (A) The manufacturer must define the monitoring conditions for
malfunctions identified in paragraph Sec.  86.010-18(i)(1)(ii)(A) and
Table 1 of paragraph (g) of this section in accordance with paragraph
(c) of this section. Additionally, except as provided for in Sec.
86.010-18(i)(1)(iv)(B) and (i)(1)(iv)(C), monitoring for malfunctions
identified in Sec.  86.010-18(i)(1)(ii)(A) and Table 1 of paragraph (g)
of this section must be conducted once per drive cycle on every drive
cycle in which the ECT sensor indicates, at engine start, a temperature
lower than the temperature established as the malfunction criteria in
Sec.  86.010-18(i)(1)(ii)(A) and Table 1 of paragraph (g) of this
section.
    (i)(1)(iv)(B) and (i)(1)(iv)(C) [Reserved]. For guidance see Sec.
86.010-18.
    (i)(1)(v) Monitoring conditions for the ECT sensor.
    (i)(1)(v)(A) [Reserved]. For guidance see Sec.  86.010-18.
    (i)(1)(v)(B) The manufacturer must define the monitoring conditions
for malfunctions identified in Sec.  86.010-18(i)(1)(iii)(B) and Table
1 of paragraph (g) of this section in accordance with paragraph (c) of
this section. Additionally, except as provided for in Sec.  86.010-
18(i)(1)(v)(D), monitoring for malfunctions identified in Sec.  86.010-
18(i)(1)(iii)(B) and Table 1 of paragraph (g) of this section must be
conducted once per drive cycle on every drive cycle in which the ECT
sensor indicates a temperature lower than the closed-loop enable
temperature at engine start (i.e., all engine start temperatures
greater than the ECT sensor out-of-range low temperature and less than
the closed-loop enable temperature).
    (C) The manufacturer must define the monitoring conditions for
malfunctions identified in Sec.  86.010-18(i)(1)(iii)(C) and
(i)(1)(iii)(D) and Table 1 of paragraph (g) of this section in
accordance with paragraphs (c) and (d) of this section.
    (i)(1)(v)(D) and (i)(1)(v)(E) [Reserved]. For guidance see Sec.
86.010-18.
    (i)(1)(vi) Engine cooling system MIL activation and DTC storage.
The MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section.
    (2) Crankcase ventilation (CV) system monitoring.
    (i)(2)(i) and (i)(2)(ii) [Reserved]. For guidance see Sec.  86.010-
18.
    (i)(2)(iii) Crankcase ventilation system monitoring conditions. The
manufacturer must define the monitoring conditions for malfunctions
identified in Sec.  86.010-18(i)(2)(ii) and Table 1 of paragraph (g) of
this section in accordance with paragraphs (c) and (d) of this section.
    (iv) Crankcase ventilation system MIL activation and DTC storage.
The MIL must activate and DTCs must be stored according to the
provisions of paragraph (b) of this section. The stored DTC need not
identify specifically the CV system (e.g., a DTC for idle speed control
or fuel system monitoring can be stored) if the manufacturer can
demonstrate that additional monitoring hardware would be necessary to
make such an identification and provided the manufacturer's diagnostic
and repair procedures for the detected malfunction include directions
to check the integrity of the CV system.
    (3) Comprehensive component monitoring.
    (i) General. Except as provided for in paragraph (i)(4) of this
section, the OBD system must detect a malfunction of any electronic
engine component or system not otherwise described in paragraphs (g),
(i)(1), and (i)(2) of this section and Sec.  86.010-18(h) that either
provides input to (directly or indirectly, such components may include
the crank angle sensor, knock sensor, throttle position sensor, cam
position sensor, intake air temperature sensor, boost pressure sensor,
manifold pressure sensor, mass air flow sensor, exhaust temperature
sensor, exhaust pressure sensor, fuel pressure sensor, fuel composition
sensor of a flexible fuel vehicle, etc.) or receives commands from
(such components or systems may include the idle speed control system,
glow plug system, variable length intake manifold runner systems,
supercharger or turbocharger electronic components, heated fuel
preparation systems, the wait-to-start lamp on diesel applications, the
MIL, etc.) the onboard computer(s) and meets either of the criteria
described in Sec.  86.010-18(i)(3)(i)(A) and/or (i)(3)(i)(B). Note
that, for the purposes of this paragraph (i)(3), ``electronic engine
component or system'' does not include components that are driven by
the engine and are not related to the control of the fueling, air
handling, or emissions of the engine (e.g., PTO components, air
conditioning system components, and power steering components).
    (i)(3)(i)(A) through (i)(3)(iii) [Reserved]. For guidance see Sec.
86.010-18.
    (i)(3)(iv) Monitoring conditions for input components.
    (i)(3)(iv)(A) [Reserved]. For guidance see Sec.  86.010-18.
    (i)(3)(iv)(B) For input component rationality checks (where
applicable), the manufacturer must define the monitoring conditions for
detecting malfunctions in accordance with paragraphs (c) and (d) of
this section, with the exception that rationality checks must occur
every time the monitoring conditions are met during the drive cycle
rather than once per drive cycle as required in Sec.  86.010-18(c)(2).
    (v) Monitoring conditions for output components/systems.
    (i)(3)(v)(A) [Reserved]. For guidance see Sec.  86.010-18.
    (i)(3)(v)(B) For output component/system functional checks, the
manufacturer must define the monitoring conditions for detecting
malfunctions in accordance with paragraphs (c) and (d) of this section.
Specifically for the idle control system, the manufacturer must define
the monitoring conditions for detecting malfunctions in accordance with
paragraphs (c) and (d) of this section, with the exception that
functional checks must occur every time the monitoring conditions are
met during the drive cycle rather than once per drive cycle as required
in Sec.  86.010-18(c)(2).
    (vi) Comprehensive component MIL activation and DTC storage.
    (A) Except as provided for in Sec.  86.010-18(i)(3)(vi)(B) and
(i)(3)(vi)(C), the MIL must activate and DTCs must be

stored according to the provisions of paragraph (b) of this section.
    (i)(3)(vi)(B) and (i)(3)(vi)(C) [Reserved]. For guidance see Sec.
86.010-18.
    (i)(4) Other emission control system monitoring.
    (i) General. For other emission control systems that are either not
addressed in Sec.  86.010-18(h) and paragraphs (g) and (i)(1) through
(i)(3) of this section (e.g., hydrocarbon traps, homogeneous charge
compression ignition control systems), or addressed in paragraph (i)(3)
of this section but not corrected or compensated for by an adaptive
control system (e.g., swirl control valves), the manufacturer must
submit a plan for Administrator approval of the monitoring strategy,
malfunction criteria, and monitoring conditions prior to introduction
on a production engine. The plan must demonstrate the effectiveness of
the monitoring strategy, the malfunction criteria used, the monitoring
conditions required by the monitor, and, if applicable, the
determination that the requirements of Sec.  86.010-18(i)(4)(ii) are
satisfied.
    (i)(4)(ii) through (i)(5)(v) [Reserved]. For guidance see Sec.
86.010-18.
    (i)(6) Feedback control system monitoring. If the engine is
equipped with feedback control of any of the systems covered in
paragraphs (g) and (i) of this section and Sec.  86.010-18(h), then the
OBD system must detect as malfunctions the conditions specified in this
paragraph (i)(6) for each of the individual feedback controls.
    (i)(6)(i) through (i)(6)(iv) [Reserved]. For guidance see Sec.
86.010-18.
    (j) Production evaluation testing.
    (1) Verification of standardization requirements.
    (i) The manufacturer must perform testing to verify that production
vehicles meet the requirements of paragraphs (k)(3) and (k)(4) of this
section relevant to the proper communication of required emissions-
related messages to a SAE J1978/J1939 scan tool.
    (ii) Selection of test vehicles.
    (A) The manufacturer must perform this testing every model year on
ten unique production vehicles (i.e., engine rating and chassis
application combination) per engine family. If there are less than ten
unique production vehicles for a certain engine family, the
manufacturer must test each unique production vehicle in that engine
family. The manufacturer must perform this testing within either three
months of the start of engine production or one month of the start of
vehicle production, whichever is later. The manufacturer may request
approval to group multiple production vehicles together and test one
representative vehicle per group. To do so, the software and hardware
designed to comply with the standardization requirements of paragraph
(k) of this section (e.g., communication protocol message timing,
number of supported data stream parameters, engine and vehicle
communication network architecture) in the representative vehicle must
be identical to all others in the group and any differences in the
production vehicles cannot be relevant with respect to meeting the
criteria of paragraph (j)(1)(iv) of this section.
    (B) For 2016 and subsequent model years, the required number of
vehicles to be tested shall be reduced to five per engine family
provided zero vehicles fail the testing required by paragraph (j)(1) of
this section for two consecutive years.
    (C) For 2019 and subsequent model years, the required number of
vehicles to be tested shall be reduced to three per engine family
provided zero vehicles fail the testing required by paragraph (j)(1) of
this section for three consecutive years.
    (D) The requirement for submittal of data from one or more of the
production vehicles shall be waived if data have been submitted
previously for all of the production vehicles. The manufacturer may
request approval to carry over data collected in previous model years.
To do so, the software and hardware designed to comply with the
standardization requirements of paragraph (k) of this section must be
identical to the previous model year and there must not have been other
hardware or software changes that affect compliance with the
standardization requirements.
    (iii) Test equipment. For the testing required by paragraph (j)(1)
of this section, the manufacturer shall use an off-board device to
conduct the testing. The manufacturer must be able to show that the
off-board device is able to verify that the vehicles tested using the
device are able to perform all of the required functions in paragraph
(j)(1)(iv) of this section with any other off-board device designed and
built in accordance with the SAE J1978/J1939 generic scan tool
specifications.
    (iv) Required testing. The testing must verify that communication
can be established properly between all emission-related on-board
computers and any SAE J1978/J1939 scan tool designed to adhere strictly
to the communication protocols allowed in paragraph (k)(3) of this
section. The testing must also verify that all emission-related
information is communicated properly between all emission-related on-
board computers and any SAE J1978/J1939 scan tool in accordance with
the requirements of paragraph (k) of this section and the applicable
ISO and SAE specifications including specifications for physical layer,
network layer, message structure, and message content. The testing must
also verify that the onboard computer(s) can properly respond to any
SAE J1978/J1939 scan tool request to clear emissions-related DTCs and
reset the ready status in accordance with paragraph (k)(4)(ix) of this
section. The testing must further verify that the following information
can be properly communicated to any SAE J1978/J1939 scan tool:
    (A) The current ready status from all onboard computers required to
support ready status in accordance with SAE J1978/J1939-73 and
paragraph (k)(4)(i) of this section in the key-on, engine-off position
and while the engine is running.
    (B) The MIL command status while a deactivated MIL is commanded and
while an activated MIL is commanded in accordance with SAE J1979/J1939
and paragraph (k)(4)(ii) of this section in the key-on, engine-off
position and while the engine is running, and in accordance with SAE
J1979/J1939 and Sec.  86.010-18(b)(1)(ii) during the MIL functional
check and, if applicable, (k)(4)(i)(C) of this section during the MIL
ready status check while the engine is off.
    (C) All data stream parameters required in paragraph (k)(4)(ii) of
this section in accordance with SAE J1979/J1939 including, if
applicable, the proper identification of each data stream parameter as
supported in SAE J1979 (e.g., Mode/Service $01, PID $00).
    (D) The CAL ID, CVN, and VIN as required by paragraphs (k)(4)(vi),
(k)(4)(vii), and (k)(4)(viii) of this section and in accordance with
SAE J1979/J1939.
    (E) An emissions-related DTC (permanent, pending, MIL-on, previous-
MIL-on) in accordance with SAE J1979/J1939-73 (including the correct
indication of the number of stored DTCs (e.g., Mode/Service $01, PID
$01, Data A for SAE J1979)) and paragraph (k)(4)(iv) of this section.
    (v) Reporting of results. The manufacturer must submit to the
Administrator the following, based on the results of the testing
required by paragraph (j)(1)(iv) of this section:
    (A) If a variant meets all the requirements of paragraph (j)(1)(iv)
of this section, a statement specifying that the variant passed all the
tests. Upon request from the Administrator, the

detailed results of any such testing may have to be submitted.
    (B) If any variant does not meet the requirements of paragraph
(j)(1)(iv) of this section, a written report detailing the problem(s)
identified and the manufacturer's proposed corrective action (if any)
to remedy the problem(s). This report must be submitted within one
month of testing the specific variant. The Administrator will consider
the proposed remedy and, if in disagreement, will work with the
manufacturer to propose an alternative remedy. Factors to be considered
by the Administrator in considering the proposed remedy will include
the severity of the problem(s), the ability of service technicians to
access the required diagnostic information, the impact on equipment and
tool manufacturers, and the amount of time prior to implementation of
the proposed corrective action.
    (vi) Alternative testing protocols. Manufacturers may request
approval to use other testing protocols. To do so, the manufacturer
must demonstrate that the alternative testing methods and equipment
will provide an equivalent level of verification of compliance with the
standardization requirements as is required by paragraph (j)(1) of this
section.
    (2) Verification of monitoring requirements.
    (j)(2)(i) through (j)(2)(ii)(C) [Reserved]. For guidance see Sec.
86.010-18.
    (j)(2)(iii) Evaluation requirements.
    (A) The evaluation must demonstrate the ability of the OBD system
on the selected test vehicle to detect a malfunction, activate the MIL,
and, where applicable, store an appropriate DTC readable by a SAE
J1978/J1939 scan tool when a malfunction is present and the monitoring
conditions have been satisfied for each individual monitor required by
this section.
    (j)(2)(iii)(B) through (j)(2)(iv) [Reserved]. For guidance see
Sec.  86.010-18.
    (j)(3) Verification of in-use monitoring performance ratios.
    (j)(3)(i) through (j)(3)(iii) [Reserved]. For guidance see Sec.
86.010-18.
    (j)(3)(iv) For each monitoring performance group, the data must
include all of the in-use performance tracking data reported through
SAE J1979/J1939 (i.e., all numerators, denominators, the general
denominator, and the ignition cycle counter), the date the data were
collected, the odometer reading, the VIN, and the calibration ID.
    (j)(3)(v) and (j)(3)(vi) [Reserved]. For guidance see Sec.  86.010-
18.
    (k) Standardization requirements.
    (k)(1) through (k)(1)(i)(B) [Reserved]. For guidance see Sec.
86.010-18.
    (k)(1)(i)(C) SAE J1962 ``Diagnostic Connector--;Equivalent to ISO/
DIS 15031-3: December 14, 2001,'' April 2002.
    (k)(1)(i)(D) through (k)(1)(ii)(A) [Reserved]. For guidance see
Sec.  86.010-18.
    (k)(2) Diagnostic connector. A standard data link connector
conforming to SAE J1962 or SAE J1939-13 specifications (except as
provided for in paragraph (k)(2)(iii) of this section) must be included
in each vehicle.
    (i) The connector must be located in the driver's side foot-well
region of the vehicle interior in the area bound by the driver's side
of the vehicle and the driver's side edge of the center console (or the
vehicle centerline if the vehicle does not have a center console) and
at a location no higher than the bottom of the steering wheel when in
the lowest adjustable position. The connector shall not be located on
or in the center console (i.e., neither on the horizontal faces near
the floor-mounted gear selector, parking brake lever, or cup-holders
nor on the vertical faces near the car stereo, climate system, or
navigation system controls). The location of the connector shall be
capable of being easily identified and accessed (e.g., to connect an
off-board tool). For vehicles equipped with a driver's side door, the
connector must be identified and accessed easily by someone standing
(or ``crouched'') on the ground outside the driver's side of the
vehicle with the driver's side door open. The Administrator may approve
an alternative location upon request from the manufacturer. In all
cases, the installation position of the connector must be both
identified and accessed easily by someone standing outside the vehicle
and protected from accidental damage during normal vehicle use.
    (ii) If the connector is covered, the cover must be removable by
hand without the use of any tools and be labeled ``OBD'' to aid
technicians in identifying the location of the connector. Access to the
diagnostic connector shall not require opening or the removal of any
storage accessory (e.g., ashtray, coinbox). The label must clearly
identify that the connector is located behind the cover and is
consistent with language and/or symbols commonly used in the automobile
and/or heavy truck industry.
    (iii) If the ISO 15765-4 communication protocol is used for the
required OBD standardized functions, the connector must meet the ``Type
A'' specifications of SAE J1962. Any pins in the connector that provide
electrical power must be properly fused to protect the integrity and
usefulness of the connector for diagnostic purposes and shall not
exceed 20.0 Volts DC regardless of the nominal vehicle system or
battery voltage (e.g., 12V, 24V, 42V).
    (iv) If the SAE J1939 protocol is used for the required OBD
standardized functions, the connector must meet the specifications of
SAE J1939-13. Any pins in the connector that provide electrical power
must be properly fused to protect the integrity and usefulness of the
connector for diagnostic purposes.
    (v) The manufacturer may equip engines/vehicles with additional
diagnostic connectors for manufacturer-specific purposes (i.e.,
purposes other than the required OBD functions). However, if the
additional connector conforms to the ``Type A'' specifications of SAE
J1962 or the specifications of SAE J1939-13 and is located in the
vehicle interior near the required connector as described in this
paragraph (k)(2) of this section, the connector(s) must be labeled
clearly to identify which connector is used to access the standardized
OBD information required by paragraph (k) of this section.
    (3) Communications to a scan tool. All OBD control modules (e.g.,
engine, auxiliary emission control module) on a single vehicle must use
the same protocol for communication of required emission-related
messages from on-board to off-board network communications to a scan
tool meeting SAE J1978 specifications or designed to communicate with
an SAE J1939 network. Engine manufacturers shall not alter normal
operation of the engine emission control system due to the presence of
off-board test equipment accessing information required by this
paragraph (k). The OBD system must use one of the following
standardized protocols:
    (i) ISO 15765-4. All required emission-related messages using this
protocol must use a 500 kbps baud rate.
    (ii) SAE J1939. This protocol may only be used on vehicles with
diesel engines.
    (4) Required emission related functions. The following standardized
functions must be implemented in accordance with the specifications in
SAE J1979 or SAE J1939 to allow for access to the required information
by a scan tool meeting SAE J1978 specifications or designed to
communicate with an SAE J1939 network:
    (i) Ready status. In accordance with SAE J1979/J1939-73
specifications, the OBD system must indicate ``complete'' or ``not
complete'' for each of the installed monitored components and

systems identified in paragraphs (g), and (i)(3) of this section, and
paragraph (h) with the exception of Sec.  86.010-18(h)(4). All
components or systems identified in Sec.  86.010-18(h)(1) or (h)(2), or
(i)(3) of this section that are monitored continuously must always
indicate ``complete.'' Components or systems that are not subject to
being monitored continuously must immediately indicate ``complete''
upon the respective monitor(s) being executed fully and determining
that the component or system is not malfunctioning. A component or
system must also indicate ``complete'' if, after the requisite number
of decisions necessary for determining MIL status has been executed
fully, the monitor indicates a malfunction of the component or system.
The status for each of the monitored components or systems must
indicate ``not complete'' whenever diagnostic memory has been cleared
or erased by a means other than that allowed in paragraph (b) of this
section. Normal vehicle shut down (i.e., key-off/engine-off) shall not
cause the status to indicate ``not complete.''
    (k)(4)(i)(A) [Reserved]. For guidance see Sec.  86.010-18.
    (k)(4)(i)(B) For the evaporative system monitor, the ready status
must be set in accordance with this paragraph (k)(4)(i) when both the
functional check of the purge valve and, if applicable, the leak
detection monitor of the hole size specified in Sec.  86.010-
18(h)(7)(ii)(B) indicate that they are complete.
    (C) If the manufacturer elects to indicate ready status through the
MIL in the key-on/engine-off position as provided for in Sec.  86.010-
18(b)(1)(iii), the ready status must be indicated in the following
manner: If the ready status for all monitored components or systems is
``complete,'' the MIL shall remain continuously activated in the key-
on/engine-off position for at least 10-20 seconds. If the ready status
for one or more of the monitored components or systems is ``not
complete,'' after at least 5 seconds of operation in the key-on/engine-
off position with the MIL activated continuously, the MIL shall blink
once per second for 5-10 seconds. The data stream value for MIL status
as required in paragraph (k)(4)(ii) of this section must indicate
``commanded off'' during this sequence unless the MIL has also been
``commanded on'' for a detected malfunction.
    (ii) Data stream. The following signals must be made available on
demand through the standardized data link connector in accordance with
SAE J1979/J1939 specifications. The actual signal value must always be
used instead of a limp home value.
    (k)(4)(ii)(A) through (k)(4)(ii)(C) [Reserved]. For guidance see
Sec.  86.010-18.
    (k)(4)(iii) Freeze frame.
    (A) ``Freeze frame'' information required to be stored pursuant to
Sec.  86.010-18(b)(2)(iv), (h)(1)(iv)(D), and (h)(2)(vi) must be made
available on demand through the standardized data link connector in
accordance with SAE J1979/J1939-73 specifications.
    (k)(4)(iii)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (k)(4)(iii)(C) Only one frame of data is required to be recorded.
The manufacturer may choose to store additional frames provided that at
least the required frame can be read by a scan tool meeting SAE J1978
specifications or designed to communicate with an SAE J1939 network.
    (iv) Diagnostic trouble codes.
    (A) For all monitored components and systems, any stored pending,
MIL-on, and previous-MIL-on DTCs must be made available through the
diagnostic connector in a standardized format in accordance with SAE
J1939 or ISO 15765-4 specifications. Standardized DTCs conforming to
the applicable standardized specifications must be employed.
    (k)(4)(iv)(B) and (k)(4)(iv)(C) [Reserved]. For guidance see Sec.
86.010-18.
    (k)(4)(iv)(D) A pending or MIL-on DTC (as required in paragraphs
(g) and (i) of this section and Sec.  86.010-18(h)) must be stored and
available to an SAE J1978 or SAE J1939 scan tool within 10 seconds
after a monitor has determined that a malfunction or potential
malfunction has occurred. A permanent DTC must be stored and available
to an SAE J1978 or SAE J1939 scan tool no later than the end of an
ignition cycle in which the corresponding MIL-on DTC that caused MIL
activation has been stored.
    (E) Pending DTCs for all components and systems (including those
monitored continuously and non-continuously) must be made available
through the diagnostic connector in accordance with the applicable
standard's specifications. A manufacturer using alternative statistical
protocols for MIL activation as allowed in Sec.  86.010-18(b)(2)(iii)
must submit the details of their protocol for setting pending DTCs. The
protocol must be, overall, equivalent to the requirements of this
paragraph (k)(4)(iv)(E) and provide service technicians with a quick
and accurate indication of a potential malfunction.
    (F) Permanent DTC for all components and systems must be made
available through the diagnostic connector in a standardized format
that distinguishes permanent DTCs from pending DTCs, MIL-on DTCs, and
previous-MIL-on DTCs. A MIL-on DTC must be stored as a permanent DTC no
later than the end of the ignition cycle and subsequently at all times
that the MIL-on DTC is commanding the MIL on. Permanent DTCs must be
stored in non-volatile random access memory (NVRAM) and shall not be
erasable by any scan tool command or by disconnecting power to the on-
board computer. Permanent DTCs must be erasable if the engine control
module is reprogrammed and the ready status described in paragraph
(k)(4)(i) of this section for all monitored components and systems are
set to ``not complete.'' The OBD system must have the ability to store
a minimum of four current MIL-on DTCs as permanent DTCs in NVRAM. If
the number of MIL-on DTCs currently commanding activation of the MIL
exceeds the maximum number of permanent DTCs that can be stored, the
OBD system must store the earliest detected MIL-on DTC as permanent
DTC. If additional MIL-on DTCs are stored when the maximum number of
permanent DTCs is already stored in NVRAM, the OBD system shall not
replace any existing permanent DTC with the additional MIL-on DTCs.
    (v) Test results.
    (A) Except as provided for in Sec.  86.010-18(k)(4)(v)(G), for all
monitored components and systems identified in paragraph (g) of this
section and Sec.  86.010-18(h), results of the most recent monitoring
of the components and systems and the test limits established for
monitoring the respective components and systems must be stored and
available through the data link in accordance with the standardized
format specified in SAE J1979 (for engines using the ISO 15765-4
protocol) or SAE J1939.
    (k)(4)(v)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (k)(4)(v)(C) The test results must be standardized such that the
name of the monitored component (e.g., catalyst bank 1) can be
identified by a generic scan tool and the test results and limits can
be scaled and reported by a generic scan tool with the appropriate
engineering units.
    (k)(4)(v)(D) through (k)(4)(v)(G) [Reserved]. For guidance see
Sec.  86.010-18.
    (k)(4)(vi) Software calibration identification (CAL ID). On all
engines, a single software calibration identification number (CAL ID)
for each monitor or emission critical control unit(s) must be made
available through the standardized data link connector in accordance
with the SAE J1979/J1939

specifications. A unique CAL ID must be used for every emission-related
calibration and/or software set having at least one bit of different
data from any other emission-related calibration and/or software set.
Control units coded with multiple emission or diagnostic calibrations
and/or software sets must indicate a unique CAL ID for each variant in
a manner that enables an off-board device to determine which variant is
being used by the vehicle. Control units that use a strategy that will
result in MIL activation if the incorrect variant is used (e.g.,
control units that contain variants for manual and automatic
transmissions but will activate the MIL if the selected variant does
not match the type of transmission mated to the engine) are not
required to use unique CAL IDs.
    (vii) Software calibration verification number (CVN).
    (A) All engines must use an algorithm to calculate a single
calibration verification number (CVN) that verifies the on-board
computer software integrity for each monitor or emission critical
control unit that is electronically reprogrammable. The CVN must be
made available through the standardized data link connector in
accordance with the SAE J1979/J1939 specifications. The CVN must
indicate whether the emission-related software and/or calibration data
are valid and applicable for the given vehicle and CAL ID.
    (k)(4)(vii)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (k)(4)(vii)(C) The CVN must be calculated at least once per drive
cycle and stored until the CVN is subsequently updated. Except for
immediately after a reprogramming event or a non-volatile memory clear
or for the first 30 seconds of engine operation after a volatile memory
clear or battery disconnect, the stored value must be made available
through the data link connector to a generic scan tool in accordance
with SAE J1979/J1939 specifications. The stored CVN value shall not be
erased when DTC memory is erased by a generic scan tool in accordance
with SAE J1979/J1939 specifications or during normal vehicle shut down
(i.e., key-off/engine-off).
    (D) The CVN and CAL ID combination information must be available
for all engines/vehicles in a standardized electronic format that
allows for off-board verification that the CVN is valid and appropriate
for a specific vehicle and CAL ID.
    (viii) Vehicle identification number (VIN).
    (A) All vehicles must have the vehicle identification number (VIN)
available in a standardized format through the standardized data link
connector in accordance with SAE J1979/J1939 specifications. Only one
electronic control unit per vehicle may report the VIN to an SAE J1978/
J1939 scan tool.
    (k)(4)(viii)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (k)(4)(ix) Erasure of diagnostic information.
    (A) For purposes of this paragraph (k)(4)(ix), ``emission-related
diagnostic information'' includes all of the following: ready status as
required by paragraph (k)(4)(i) of this section; data stream
information as required by paragraph (k)(4)(ii) of this section
including the number of stored MIL-on DTCs, distance traveled while MIL
activated, number of warm-up cycles since DTC memory last erased, and
distance traveled since DTC memory last erased; freeze frame
information as required by paragraph (k)(4)(iii) of this section;
pending, MIL-on, and previous-MIL-on DTCs as required by paragraph
(k)(4)(iv) of this section; and, test results as required by paragraph
(k)(4)(v) of this section.
    (k)(4)(ix)(B) [Reserved]. For guidance see Sec.  86.010-18.
    (k)(5) In-use performance ratio tracking requirements.
    (i) For each monitor required in paragraphs (g) and (i) of this
section and Sec.  86.010-18(h) to separately report an in-use
performance ratio, manufacturers must implement software algorithms to
report a numerator and denominator in the standardized format specified
in this paragraph (k)(5) in accordance with the SAE J1979/J1939
specifications.
    (ii) For the numerator, denominator, general denominator, and
ignition cycle counters required by Sec.  86.010-18(e), the following
numerical value specifications apply:
    (A) Each number shall have a minimum value of zero and a maximum
value of 65,535 with a resolution of one.
    (B) Each number shall be reset to zero only when a non-volatile
random access memory (NVRAM) reset occurs (e.g., reprogramming event)
or, if the numbers are stored in keep-alive memory (KAM), when KAM is
lost due to an interruption in electrical power to the control unit
(e.g., battery disconnect). Numbers shall not be reset to zero under
any other circumstances including when a scan tool command to clear
DTCs or reset KAM is received.
    (C) To avoid overflow problems, if either the numerator or
denominator for a specific component reaches the maximum value of
65,535 2, both numbers shall be divided by two before
either is incremented again.
    (D) To avoid overflow problems, if the ignition cycle counter
reaches the maximum value of 65,535 2, the ignition cycle
counter shall rollover and increment to zero on the next ignition
cycle.
    (E) To avoid overflow problems, if the general denominator reaches
the maximum value of 65,535 2, the general denominator
shall rollover and increment to zero on the next drive cycle that meets
the general denominator definition.
    (F) If a vehicle is not equipped with a component (e.g., oxygen
sensor bank 2, secondary air system), the corresponding numerator and
denominator for that specific component shall always be reported as
zero.
    (iii) For the ratio required by Sec.  86.010-18(e), the following
numerical value specifications apply:
    (A) The ratio shall have a minimum value of zero and a maximum
value of 7.99527 with a resolution of 0.000122.
    (B) The ratio for a specific component shall be considered to be
zero whenever the corresponding numerator is equal to zero and the
corresponding denominator is not zero.
    (C) The ratio for a specific component shall be considered to be
the maximum value of 7.99527 if the corresponding denominator is zero
or if the actual value of the numerator divided by the denominator
exceeds the maximum value of 7.99527.
    (6) Engine run time tracking requirements.
    (i) For all gasoline and diesel engines, the manufacturer must
implement software algorithms to track and report individually in a
standardized format the amount of time the engine has been operated in
the following conditions:
    (A) Total engine run time.
    (B) Total idle run time (with ``idle'' defined as accelerator pedal
released by the driver, vehicle speed less than or equal to one mile
per hour, engine speed greater than or equal to 50 to 150 rpm below the
normal, warmed-up idle speed (as determined in the drive position for
vehicles equipped with an automatic transmission), and power take-off
not active).
    (C) Total run time with power take off active.
    (ii) For each counter specified in paragraph (k)(6)(i) of this
section, the following numerical value specifications apply:
    (A) Each number shall be a four-byte value with a minimum value of
zero, a resolution of one second per bit, and an accuracy of < plus-
minus> ten seconds per drive cycle.

    (B) Each number shall be reset to zero only when a non-volatile
memory reset occurs (e.g., reprogramming event). Numbers shall not be
reset to zero under any other circumstances including when a scan tool
(generic or enhanced) command to clear fault codes or reset KAM is
received.
    (C) To avoid overflow problems, if any of the individual counters
reach the maximum value, all counters shall be divided by two before
any are incremented again.
    (D) The counters shall be made available to a generic scan tool in
accordance with the SAE J1979/J1939 specifications and may be rescaled
when transmitted, if required by the SAE specifications, from a
resolution of one second per bit to no more than three minutes per bit.
    (l) Monitoring system demonstration requirements for certification.
    (1) General.
    (l)(1)(i) through (l)(1)(iii) [Reserved]. For guidance see Sec.
86.010-18.
    (l)(2) Selection of test engines.
    (l)(2)(i) [Reserved]. For guidance see Sec.  86.010-18.
    (l)(2)(ii) A manufacturer certifying one to five engine families in
a given model year must provide emissions test data for a single test
engine from one engine rating. A manufacturer certifying six to ten
engine families in a given model year must provide emissions test data
for a single test engine from two different engine ratings. A
manufacturer certifying eleven or more engine families in a given model
year must provide emissions test data for a single test engine from
three different engine ratings. A manufacturer may forego submittal of
test data for one or more of these test engines if data have been
submitted previously for all of the engine ratings and/or if all
requirements for certification carry-over from one model year to the
next are satisfied.
    (iii) For a given model year, a manufacturer may elect to provide
emissions data for test engines from more engine ratings than required
by paragraph (l)(2)(ii) of this section. For each additional engine
rating tested in that given model year, the number of engine ratings
required for testing in one future model year will be reduced by one.
    (iv) For the test engine, the manufacturer must use an engine aged
for a minimum of 125 hours fitted with exhaust aftertreatment emission
controls aged to be representative of useful life aging. The
manufacturer is required to submit a description of the accelerated
aging process and/or supporting data. The process and/or data must
demonstrate assurance that deterioration of the exhaust aftertreatment
emission controls is stabilized sufficiently such that it represents
emission control performance at the end of the useful life.
    (3) Required testing. Except as otherwise described in this
paragraph (l)(3) of this section, the manufacturer must perform single
malfunction testing based on the applicable test with the components/
systems set at their malfunction criteria limits as determined by the
manufacturer for meeting the emissions thresholds required in
paragraphs (g) and (i) of this section and Sec.  86.010-18(h).
    (i) Required testing for diesel-fueled/compression ignition
engines.
    (l)(3)(i)(A) [Reserved]. For guidance see Sec.  86.010-18.
    (l)(3)(i)(B) Engine misfire. The manufacturer must perform a test
at the malfunction limit established by the manufacturer for the
monitoring required by paragraph (g)(2)(ii)(B) of this section.
    (l)(3)(i)(C) through (l)(3)(i)(K) [Reserved]. For guidance see
Sec.  86.010-18.
    (l)(3)(ii) Required testing for gasoline-fueled/spark-ignition
engines.
    (l)(3)(ii)(A) through (l)(3)(ii)(I) [Reserved]. For guidance see
Sec.  86.010-18.
    (l)(3)(iii) Required testing for all engines.
    (l)(3)(iii)(A) and (l)(3)(iii)(B) [Reserved]. For guidance see
Sec.  86.010-18.
    (l)(3)(iv) [Reserved]. For guidance see Sec.  86.010-18.
    (l)(4) Testing protocol.
    (l)(4)(i) [Reserved]. For guidance see Sec.  86.010-18.
    (l)(4)(ii) Test sequence.
    (l)(4)(ii)(A) through (l)(4)(ii)(C) [Reserved]. For guidance see
Sec.  86.010-18.
    (l)(4)(iii) A manufacturer required to test more than one test
engine according to paragraph (l)(2)(ii) of this section may use
internal calibration sign-off test procedures (e.g., forced cool downs,
less frequently calibrated emission analyzers) instead of official test
procedures to obtain the emission test data required by this paragraph
(l) of this section for all but one of the required test engines. The
manufacturer may elect this option if the data from the alternative
test procedure are representative of official emissions test results. A
manufacturer using this option is still responsible for meeting the
malfunction criteria specified in paragraphs (g) and (i) of this
section and Sec.  86.010-18(h) if and when emissions tests are
performed in accordance with official test procedures.
    (l)(4)(iv) [Reserved]. For guidance see Sec.  86.010-18.
    (l)(5) Evaluation protocol.
    (l)(5)(i) [Reserved]. For guidance see Sec.  86.010-18.
    (l)(5)(ii) If the MIL activates prior to emissions exceeding the
applicable malfunction criteria limits specified in paragraphs (g) and
(i) of this section and Sec.  86.010-18(h), no further demonstration is
required. With respect to the misfire monitor demonstration test, if
the manufacturer has elected to use the minimum misfire malfunction
criteria of one percent as allowed in paragraphs (g)(2)(ii)(B) of this
section and Sec.  86.010-18(h)(2)(ii)(B), no further demonstration is
required provided the MIL activates with engine misfire occurring at
the malfunction criteria limit.
    (l)(5)(iii) through (l)(5)(iv) [Reserved]. For guidance see Sec.
86.010-18.
    (l)(6) Confirmatory testing.
    (i) The Administrator may perform confirmatory testing to verify
the emission test data submitted by the manufacturer as required by
paragraph (l) of this section comply with its requirements and the
malfunction criteria set forth in paragraphs (g) and (i) of this
section and Sec.  86.010-18(h). Such confirmatory testing is limited to
the test engine(s) required by paragraph (l)(2) of this section.
    (l)(6)(ii) through (l)(7) [Reserved]. For guidance see Sec.
86.010-18.
    (m) Certification documentation requirements.
    (m)(1) through (m)(2)(iv) [Reserved]. For guidance see Sec.
86.010-18.
    (m)(2)(v) Emissions test data, a description of the testing
sequence (e.g., the number and types of preconditioning cycles),
approximate time (in seconds) of MIL activation during the test,
diagnostic trouble code(s) and freeze frame information stored at the
time of detection, corresponding test results (e.g. SAE J1979 Mode/
Service $06, SAE J1939 Diagnostic Message 8 (DM8)) stored during the
test, and a description of the modified or deteriorated components used
for malfunction simulation with respect to the demonstration tests
specified in paragraph (l) of this section. The freeze frame data are
not required for engines subject to paragraph (o)(3) of this section.
    (m)(2)(vi) through (m)(2)(x) [Reserved]. For guidance see Sec.
86.010-18.
    (m)(2)(xi) A written identification of the communication protocol
utilized by each engine for communication with a SAE J1978/J1939 scan
tool.
    (xii) A pictorial representation or written description of the
diagnostic

connector location including any covers or labels.
    (m)(2)(xiii) [Reserved]. For guidance see Sec.  86.010-18.
    (m)(2)(xiv) Build specifications provided to engine purchasers or
chassis manufacturers detailing all specifications or limitations
imposed on the engine purchaser relevant to OBD requirements or
emissions compliance (e.g., allowable MIL locations, connector location
specifications, cooling system heat rejection rates). A description of
the method or copies of agreements used to ensure engine purchasers or