[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29883]
[[Page Unknown]]
[Federal Register: December 6, 1994]
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DEPARTMENT OF TRANSPORTATION
[Docket No. 94-22; Notice 2]
First Brands Corporation, Grant Of Petition For Determination Of
Inconsequential Noncompliance
First Brands Corporation (FBC) of Danbury, Connecticut determined
that some of its brake fluid failed to comply with 49 CFR 571.116,
Federal Motor Vehicle Safety Standard No. 116, ``Motor Vehicle Brake
Fluids,'' and filed an appropriate report pursuant to 49 CFR Part 573.
FBC also petitioned to be exempted from the notification and remedy
requirements of the National Traffic and Motor Vehicle Safety Act (15
U.S.C. 1381 et seq.) (now 49 U.S.C. 30118 and 30120) on the basis that
the noncompliance is inconsequential as it relates to motor vehicle
safety.
Notice of receipt of the petition was published on April 7, 1994,
under the designation of Docket No. 94-19, and an opportunity afforded
for comment (59 FR 16685). On April 26, 1994, the docket was
redesignated 94-22 (59 FR 21800). This notice grants the petition.
Paragraph S5.1.7, Fluidity and Appearance at Low Temperature, of
Standard No. 116 states:
When brake fluid is tested according to S6.7, at the storage
temperature and for the storage times given in Table II--
(a) The fluid shall show no sludging, sedimentation,
crystallization, or stratification;
(b) Upon inversion of the sample bottle, the time required for the
air bubble to travel to the top of the fluid shall not exceed the
bubble flow times shown in Table II; and
(c) On warming to room temperature, the fluid shall resume the
appearance and fluidity that it had before chilling.
Table II of S5.1.7 states that when the brake fluid is stored at
-40 deg. 2 deg. C. for 144 hours 4.0 hours,
the maximum bubble flow time is 10 seconds. When stored at -50 deg.
2 deg. C. for 6 hours 0.2 hours, the maximum
bubble flow time is 35 seconds.
NHTSA notified FBC that a sample of Prestone Brake Fluid, AS-400,
failed to meet the no-crystallization requirements of S5.1.7 (NHTSA
file NCI 3293). FBC's initial investigation determined that the brake
fluid was packaged on May 4, 1993, at its subsidiary, Paulsboro
Packaging, Inc., and that the fluid was manufactured by Union Carbide
Corporation (UCC) and identified as UCC's PM6060, lot # 0319083. FBC
further stated:
All [of the] product in FBC's distribution system packaged from the
specific lot # 0319083 was placed on hold and all packaging of Brake
Fluid PM6060 was ceased pending a full investigation and implementation
of corrective measures.
FBC produced 202,704 units (12.0 fl.oz.) from lot # 0319083, and
currently has 61,752 units on hold at various warehouses.
Based on review of all data and consultation with UCC, it is FBC's
opinion that the noncompliance will not affect product performance in a
motor vehicle or create a safety concern.
FBC is recommending that no recall of [the] product outside of
FBC's distribution system be made. It is further recommended that the
product in inventory (61,752 units) also be released for sale.
FBC also stated that it has elected to convert to an alternative
UCC brake fluid identified as PM6340, which has a freeze point of
-65 deg. C., and will provide an added margin to meet the requirements
of S5.1.7, Standard No. 116.
In support of its petition, FBC attached a letter from UCC, dated
January 17, 1994. The UCC letter describes the results of tests it
performed on samples of the noncompliant brake fluid:
Specifically with regard to the DOT ``Fluidity and Appearance at
Low Temperature'' test (FMVSS 116, Section 5.1.7), Union Carbide
Corporation, using the DOT FMVSS 116 procedure, performed the test at
-40 deg. C for 6 days [144 hours] and -50 deg. C for 6 hours. Following
completion of the tests:
at -40 deg. C for 6 days, the sample passed all requirements. The
sample met the requirements for appearance at low temperature, bubble
travel time and room temperature appearance-fluidity properties.
-at -50 deg. C for 6 hours, the sample passed the requirements of
bubble travel time and room temperature appearance-fluidity properties.
Upon completion of the 6 hours at -50 deg. C, some crystallization was
noted in the sample.
--attempts were made to isolate the crystallized material. It was a
soft, non-abrasive gel that was difficult to isolate as it flowed with
the brake fluid.
Union Carbide Corporation also conducted the test of FMVSS 116,
Section 5.1.7 on the sample with rigorous temperature control at
-49 deg. C 2 deg. C to more closely realize the -48 deg. C
limit of the test's specified temperature range (Section 5.1.7 test
parameter: -50 deg. C plus-minuss> 2 deg. C). The sample was
clear, showed no crystals, had a bubble travel time of approximately 5
seconds and regained its appearance and fluidity at room temperature.
These results were confirmed by a second run at the same conditions.
The Pour Point of the sample was measured according to the method
of ASTM D97. [The] lowest temperature at which movement in the liquid
could be observed was determined to be -62 deg.C.
From the results obtained and observations made, we are confident
that this brake fluid will perform and provide braking under the low
temperature conditions of the FMVSS 116 standard, section 5.1.7 and
offer the following reasons in support of this:
--The fluid passed the -40 deg.C/6 day fluidity and appearance test.
--The fluid showed appropriate viscosity at low temperature (-40
deg.C).
--The fluid showed appropriate viscosity at -50 deg.C (bubble travel
time of [approximately] 5 seconds against a requirement of 35 seconds
[maximum]).
--Any crystallization observed was a soft, non-abrasive gel that flowed
with the brake fluid. Further, the phenomenon is fully reversible.
--The Pour Point of the sample was measured as -62 deg.C.
No comments were received on the petition.
The agency has reviewed FBC's petition and supporting data. In two
of UCC's low temperature tests of the noncompliant fluid there was no
crystallization; however, in another test, five crystals were formed.
The crystallization was described as ``a soft non-abrasive gel.'' As
such, it appears similar to the ``slush-like crystallization'' which
occurred in Dow Corning's fluid. As Dow Corning persuasively argued,
this type of crystallization will readily disperse under slight
agitation or warming and will not adversely affect brake system
performance. In contrast are crystals that are either water-based ice,
abrasive, or have the potential to clog brake system components. NHTSA
accepted the distinction and granted the petition (59 FR 52582). In its
view, the same conclusion is sustainable in this case.
In consideration of the foregoing, the Administrator has decided
that FBC has met its burden of persuasion and that the noncompliance
with Standard No. 116 herein described is inconsequential to motor
vehicle safety. Accordingly, the Administrator exempts FBC from the
notification requirements of 49 U.S.C. 30118 and the remedy
requirements of 49 U.S.C. 30120. However, granting of FBC's petition
does not constitute an exemption from 49 U.S.C. 30112(a), the
prohibition against offering for sale, selling, and introducing into
interstate commerce motor vehicle equipment that does not meet all
applicable Federal motor vehicle safety standards. Thus, FBC cannot
release the 61,752 units in inventory for sale in the United States,
and must dispose of the noncompliant fluid in a manner that does not
violate 49 U.S.C. 30112(a).
(49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 and
49 CFR 501.8).
Issued on: November 30, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-29883 Filed 12-5-94; 8:45 am]
BILLING CODE 4910-59-P