Division 3.2

The approval authority shall take into consideration data from the manufacturer that details such factors as, but not limited to, technical feasibility, lead time and production cycles including phase-in or phase-out of engines or vehicle designs and programmed upgrades of computers, the extent to which the resultant OBD system will be effective in complying with the requirements of this Regulation and that the manufacturer has demonstrated an acceptable level of effort toward compliance with the requirements of this Regulation.