Page:United States Statutes at Large Volume 104 Part 4.djvu/166

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104 STAT. 2482 PUBLIC LAW 101-549—NOV. 15, 1990 The Administrator may, in the Administrator's discretion, promulgate regulations requiring manufacturers to install such onboard diagnostic systems on heavy-duty vehicles and engines. "(2) EFFECTIVE DATE. — The regulations required under paragraph (1) of this subsection shall take effect in model year 1994, except that the Administrator may waive the application of such regulations for model year 1994 or 1995 (or both) with respect to any class or category of motor vehicles if the Administrator determines that it would be infeasible to apply the regulations to that class or category in such model year or years, consistent with corresponding regulations or policies adopted by the California Air Resources Board for such systems. Regulations. "(3) STATE INSPECTION. —The Administrator shall by regulation require States that have implementation plans containing motor vehicle inspection and maintenance programs to amend their plans within 2 years after promulgation of such regulations to provide for inspection of onboard diagnostics systems (as prescribed by regulations under paragraph (1) of this subsection) and for the maintenance or repair of malfunctions or system deterioration identified by or affecting such diagnostics systems. Such regulations shall not be inconsistent with the provisions for warranties promulgated under section 207(a) and (b). "(4) SPECIFIC REQUIREMENTS. —In promulgating regulations under this subsection, the Administrator shall require— "(A) that any connectors through which the emission control diagnostics system is accessed for inspection, diagnosis, service, or repair shall be standard and uniform on all motor vehicles and motor vehicle engines; "(B) that access to the emission control diagnostics system through such connectors shall be unrestricted and shall not require any access code or any device which is only available from a vehicle manufacturer; and "(C) that the output of the data from the emission control diagnostics system through such connectors shall be usable without the need for any unique decoding information or device. Regulations. "(5) INFORMATION AVAiLABiliTY. —The Administrator, by regulation, shall require (subject to the provisions of section 208(c) regarding the protection of methods or processes entitled to protection as trade secrets) manufacturers to provide promptly to any person engaged in the repairing or servicing of motor vehicles or motor vehicle engines, and the Administrator for use by any such persons, with any and all information needed to make use of the emission control diagnostics system prescribed under this subsection and such other information including instructions for making emission related diagnosis and repairs. No such information may be withheld under section 208(c) 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 motor vehicles or motor vehicle engines. Such information shall also be available to the Administrator, subject to section 208(c), in carrving out the Administrator's responsibilities under this section.'. 42 USC 7521. (b) BUSES.—Section 202 of the Clean Air Act is amended by adding the following new subsection at the end thereof: "(f) MODEL YEARS AFTER 1990.— For model years prior to model year 1994, the regulations under section 202(a) applicable to buses