[Federal Register Volume 60, Number 110 (Thursday, June 8, 1995)]
[Rules and Regulations]
[Pages 30196-30199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13932]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. 92-59; Notice 2]
RIN 2127-AE58
Federal Motor Vehicle Safety Standards; Brake Hoses and Motor
Vehicle Brake Fluids
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Final rule.
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SUMMARY: This rule amends Federal Motor Vehicle Safety Standards No.
106, Brake hoses, and No. 116, Motor vehicle brake fluids to specify a
new referee material to be used in the compatibility testing of brake
hoses and brake fluids. Referee material is used to test specimens of
brake hose and fluid for compliance with the standards' requirements.
This action is necessary because the present referee material, RM-66-
03, will become commercially unavailable. The intended effect of this
rule is to ensure the continued availability of the referee material
used to test brake hoses and fluids.
DATES: Effective Date: This final rule is effective July 10, 1995. The
incorporation by reference of certain publications listed in the
regulations is approved by the Director of the Federal Register as of
July 10, 1995.
Petitions for Reconsideration: Any petition for reconsideration of
this final [[Page 30197]] rule must be received by NHTSA not later than
July 10, 1995.
ADDRESSES: Petitions for reconsideration should refer to the docket and
notice numbers set forth at the beginning of this rule and be submitted
to the following: Administrator, National Highway Traffic Safety
Administration, 400 Seventh Street SW., Washington, D.C. 20590. It is
requested, but not required, that 10 copies of any petition be
submitted.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Carter, Office of Vehicle
Safety Standards, National Highway Traffic Safety Administration, 400
Seventh Street, SW Washington, D.C. 20590. Mr. Carter's telephone
number is: (202) 366-5274.
SUPPLEMENTARY INFORMATION: Federal Motor Vehicle Safety Standards No.
106, Brake hoses, and No. 116, Motor vehicle brake fluids, specify
performance requirements for brake hoses and motor vehicle brake fluid.
Included in the performance requirements for Standard No. 106 is a
brake fluid compatibility test, and included in Standard No. 116 are
compatibility and chemical stability tests. The procedures for the
compatibility and chemical stability tests currently reference the
referee material brake fluid specified by the Society of Automotive
Engineers (SAE) in J1703. SAE develops, blends, packages, and
distributes referee material fluids for use by NHTSA and others for
these tests.
Brake fluid compatibility is considered an important factor in
establishing brake hose life and strength characteristics. Standard No.
106's compatibility test measures hydraulic brake hose compatibility
with brake fluid. The brake hose that is being tested is filled with
the SAE Compatibility Fluid for a specified number of hours at
specified temperatures, and then is subjected to constriction and burst
strength tests. The current compatibility fluid--RM-66-03 Compatibility
Fluid (i.e., ``RM-66-03'')--is referenced in the test procedures for
the standard's brake fluid compatibility test.
Standard No. 116's compatibility requirements determine the
compatibility of brake fluid used in motor vehicles with a referee
material. The SAE compatibility fluid that is used in these tests as a
referee material should be representative of the fluids found in a
braking system in service. The tests measure the compatibility of
fluids of different chemical bases by checking whether there are
undesirable chemical interactions resulting from the mixture of fluids.
Section S6.10 determines the compatibility of a brake fluid with other
brake fluids. This section currently references RM-66-03 compatibility
fluid as the referee material used in the test procedure.
The current compatibility fluid, RM-66-03, is a blend of four
proprietary, commercial brake fluids: Dow HD50-4, Delco Supreme II, Dow
455, and Olin HDS-79. However, because one of these fluids is no longer
available and a second one will soon be removed from the market, this
compatibility fluid is no longer being produced. Existing quantities of
the compatibility fluid have been exhausted. The SAE has already
replaced RM-66-03 with a new referee material, RM-66-04.
Rulemaking Petition and Proposal
On December 27, 1991, SAE petitioned the agency to amend portions
of Standard No. 106 and Standard No. 116 to specify the RM-66-04
referee material in place of the then used, but soon to be outdated,
RM-66-03 compatibility fluid. The RM-66-04 material was developed
specifically for the SAE J1703 Motor Vehicle Brake Fluid standard. It
consists of four American, one Asian and one European fluid, blended
equally by volume.
NHTSA proposed amending Standard Nos. 106 and 116 to specify the
use of RM-66-04 referee material in place of RM-66-03. 57 FR 49162,
October 30, 1992. The agency tentatively concluded that the new
compatibility fluid should be specified in the standard since it will
be commercially available and the current fluid would not. The agency
further believed that the new referee material would be more
representative of fluids that will be in service. The agency noted that
the International Standards Organization (ISO) is also proposing to use
RM-66-04, and that use of the same material would be consistent with
international harmonization.
The agency also proposed that the change to the RM-66-04
compatibility fluid be effective on January 1, 1995, but that optional
use of RM-66-04 would be permitted 30 days after publication of a final
rule. The effective date is discussed further in the ``Effective date''
section.
Comments on the NPRM
In response to the NPRM, the agency received comments from
Chrysler, Ford and General Motors. All three commenters supported the
wording of the proposed regulatory text. Ford supported the proposed
effective date of the amendment and the proposal to permit optional
compliance.
Agency Decision
Since all comments supported its proposals, NHTSA adopts the
proposals as final. Accordingly, the agency amends S5.3.9 and S6.7.1(a)
of Standard No. 106, and S6.5.4.1 through S6.5.4.3, S6.10.1 through
S6.10.3(a), and S7.2 of Standard No. 116. In addition, this final rule
incorporates by reference Appendix B of SAE Standard J1703 JAN 1995,
``Motor Vehicle Brake Fluid.'' This incorporation by reference was
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the
Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA
15096. Copies may be inspected at the NHTSA Docket Room, 400 Seventh
Street, S.W., Room 5109, Washington, D.C. 20590. (Docket hours are 9:30
a.m. to 4 p.m. Monday through Friday), or at the Office of the Federal
Register, 800 North Capitol St., N.W., Suite 700, Washington, D.C.
No adverse impact on safety is anticipated from the use of the new
referee material in the test procedures of Standards No. 106 and 116.
On the contrary, since the RM-66-03 compatibility fluid is no longer
commercially available, ascertaining whether hoses and fluids comply
with criteria related to compatibility and boiling points will be
difficult. Amending the standards to allow the use of RM-66-04
compatibility fluid in place of RM-66-03 ensures that a compatibility
fluid representative of today's brake fluids is readily available for
the compliance tests of those standards.
Effective Date
There is good cause for the effective date for this rule. The
agency believes an expedited effective date is appropriate since the
RM-66-03 material is no longer being produced. Since RM-66-03 is no
longer available, manufacturers should be permitted the option of using
the new RM-66-04 compatibility fluid almost immediately. This rule
permits manufacturers to use the RM-66-04 compatibility fluid 30 days
after publication of this rule.
Rulemaking Analyses and Notice
1. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule was not reviewed under E.O. 12866, ``Regulatory
Planning and Review.'' NHTSA has considered the impact of this
rulemaking action under the Department of Transportation's regulatory
policies and procedures. The agency believes that a [[Page 30198]] full
regulatory evaluation is not required because the rule will have only
minimal economic impacts. The rule will only have a minimal cost impact
on manufacturers and users of brake fluids because one referee material
will merely replace another referee material. No change is expected in
the cost of the new referee material. RM-66-03 fluid was sold at $8.00
per quart. The agency anticipates that RM-66-04 fluid will be sold at
the same price.
2. Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act, NHTSA has
evaluated the effects of this action on small entities. Based upon this
evaluation, I certify that the final rule would not have a significant
economic impact on a substantial number of small entities. Accordingly,
no regulatory flexibility analysis has been prepared. The final rule
only specifies that manufacturers of brake fluid are to substitute one
type of referee material for another type of referee material.
Therefore, there should be no cost impacts that would affect the
purchase price of brake hoses or brake fluid. Thus, neither
manufacturers of motor vehicles, nor small businesses, small
organizations, and small governmental units which purchase motor
vehicles, would be significantly affected by the amendment.
3. National Environmental Policy Act
The agency has also considered the environmental implications of
this final rule in accordance with the National Environmental Policy
Act of 1969 and determined that the final rule would not significantly
affect the human environment.
4. Executive Order 12612 (Federalism)
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612. It has been determined
that the final rule does not have sufficient Federalism implications to
warrant the preparation of a Federalism Assessment. No state laws would
be affected.
5. Civil Justice Reform
This final rule would not have any retroactive effect. Under 49
U.S.C. section 30103, whenever a Federal motor vehicle safety standard
is in effect, a state may not adopt or maintain a safety standard
applicable to the same aspect of performance which is not identical to
the Federal standard, except to the extent that the state requirement
imposes a higher level of performance and applies only to vehicles
procured for the State's use. 49 U.S.C. section 30161 sets forth a
procedure for judicial review of final rules establishing, amending or
revoking Federal motor vehicle safety standards. That section does not
require submission of a petition for reconsideration or other
administrative proceedings before parties may file suit in court.
List of Subjects in 49 CFR Part 571
Imports, Incorporation by reference, Motor vehicle safety, Motor
vehicles, Rubber and rubber products, Tires.
PART 571--[AMENDED]
In consideration of the foregoing, 49 CFR Part 571 is amended as
follows.
1. The authority citation for Part 571 continues to read as
follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166;
delegation of authority at 49 CFR 1.50.
Sec. 571.189 [Amended]
2. In Section 571.106, S5.3.9 and paragraph (a) of S6.7.1 are
revised to read as follows:
* * * * *
S5.3.9 Brake fluid compatibility, constriction, and burst
strength. Except for brake hose assemblies designed for use with
mineral or petroleum-based brake fluids, a hydraulic brake hose
assembly shall meet the constriction requirement of S5.3.1 after having
been subjected to a temperature of 200 deg.F for 70 hours while filled
with SAE RM-66-04 Compatibility Fluid, as described in Appendix B of
SAE Standard J1703 JAN 1995, ``Motor Vehicle Brake Fluid.'' It shall
then withstand water pressure of 4,000 psi for 2 minutes and thereafter
shall not rupture at less than 5,000 psi (S6.2). (SAE RM-66-03
Compatibility Fluid, as described in Appendix A of SAE Standard J1703
NOV83, ``Motor Vehicle Brake Fluid,'' November 1983, may be used in
place of SAE RM-66-04 until January 1, 1995.)
* * * * *
S6.7.1 Preparation.
(a) Attach a hose assembly below a 1-pint reservoir filled with 100
ml. of SAE RM-66-04 Compatibility Fluid as shown in Figure 2. (SAE RM-
66-03 Compatibility Fluid, as described in Appendix A of SAE Standard
J1703 NOV83, ``Motor Vehicle Brake Fluid,'' November 1983, may be used
in place of SAE RM-66-04 until January 1, 1995.)
* * * * *
Sec. 571.189 [Amended]
3. In Section 571.116, S6.5.4 is republished for the convenience of
the reader; S6.5.4.1, S6.5.4.2, S6.5.4.3, S6.10.1, S6.10.2, paragraph
(a) of S6.10.3 and S7.2 are revised to read as follows:
S6.5.4 Chemical stability.
S6.5.4.1 Materials. SAE RM-66-04 Compatibility Fluid as described
in Appendix B of SAE Standard J1703 JAN 1995, ``Motor Vehicle Brake
Fluid.'' (SAE RM-66-03 Compatibility Fluid as described in Appendix A
of SAE Standard J1703 Nov83, ``Motor Vehicle Brake Fluid,'' November
1983, may be used in place of SAE RM-66-04 until January 1, 1995.)
S6.5.4.2 Procedure.
(a) Mix 30 1 ml. of the brake fluid with 30
1 ml. of SAE RM-66-04 Compatibility Fluid in a boiling
point flask (S6.1.2(a)). Determine the initial ERBP of the mixture by
applying heat to the flask so that the fluid is refluxing in 10
2 minutes at a rate in excess of 1 drop per second, but
not more than 5 drops per second. Note the maximum fluid temperature
observed during the first minute after the fluid begins refluxing at a
rate in excess of 1 drop per second. Over the next 15 1
minutes, adjust and maintain the reflux rate at 1 to 2 drops per
second. Maintain this rate for an additional 2 minutes, recording the
average value of four temperature readings taken at 30 second intervals
as the final ERBP.
(b) Thermometer and barometric corrections are not required.
S6.5.4.3 Calculation.
The difference between the initial ERBP and the final average
temperature is the change in temperature of the refluxing mixture.
Average the results of the duplicates to the nearest 0.5 deg.C (1.0
deg.F).
* * * * *
S6.10.1 Summary of the procedure.
Brake fluid is mixed with an equal volume of SAE RM-66-04
Compatibility Fluid, then tested in the same way as for water tolerance
(S6.9) except that the bubble flow time is not measured. This test is
an indication of the compatibility of the test fluid with other motor
vehicle brake fluids at both high and low temperatures.
S6.10.2 Apparatus and materials.
(a) Centrifuge tube. See S7.5.1(a).
(b) Centrifuge. See S7.5.1(b).
(c) Cold Chamber. See S6.7.2(b)
(d) Oven. See S6.9.2(d)
(e) SAE RM-66-04 Compatibility Fluid. As described in Appendix B of
SAE Standard J1703 JAN 1995 ``Motor Vehicle Brake Fluid.'' (SAE RM-66-
03 Compatibility Fluid as described in Appendix A of SAE Standard J1703
NOV83, ``Motor Vehicle Brake Fluid,'' November 1983, may be used in
place of SAE RM-66-04 until January 1, 1995.) [[Page 30199]]
S6.10.3 Procedure.
(a) At low temperature.
Mix 50 0.5 ml. of the brake fluid with 50
0.5 ml. of SAE RM-66-04 Compatibility Fluid. Pour this mixture into a
centrifuge tube and stopper with a clean dry cork. Place tube in the
cold chamber maintained at minus 40 deg. 2 deg.C (minus
40 deg. 3.6 deg.F) After 24 2 hours, remove
tube, quickly wipe with a clean lint-free cloth saturated with ethanol
(isopropanol when testing DOT 5 fluids) or acetone. Examine the test
specimen for evidence of sludging, sedimentation, or crystallization.
Test fluids, except DOT 5 SBBF, shall be examined for stratification.
* * * * *
S7.2 Water content of motor vehicle brake fluids. Use analytical
methods based on ASTM D1123-59, ``Standard Method of Test for Water in
Concentrated Engine Antifreezes by the Iodine Reagent Method,'' for
determining the water content of brake fluids, or other methods of
analysis yielding comparable results. To be acceptable for use, such
other method must measure the weight of water added to samples of the
SAE RM-66-04 and TEGME Compatibility Fluids within 15
percent of the water added for additions up to 0.8 percent by weight,
and within 5 percent of the water added for additions
greater than 0.8 percent by weight. The SAE RM-66-04 Compatibility
Fluid used to prepare the samples must have an original ERBP of not
less than 205 deg.C (401 deg.F) when tested in accordance with S6.1.
The SAE TEGME fluid used to prepare the samples must have an original
ERBP of not less than 240 deg.C (464 deg.F) when tested in accordance
with S6.1.
* * * * *
Issued on: June 2, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-13932 Filed 6-7-95; 8:45 am]
BILLING CODE 4910-59-P