[Federal Register Volume 69, Number 130 (Thursday, July 8, 2004)]
[Notices]
[Pages 41331-41332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15563]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-17539; Notice 2]


Delphi Corporation, Grant of Petition for Decision of 
Inconsequential Noncompliance

    Delphi Corporation (Delphi), has determined that at least one of 
the fittings on the ends of certain brake hose assemblies that it 
produced between January 2001 and February 2004 do not comply with 
S5.2.4 and S5.2.4.1 of 49 CFR 571.106, Federal Motor Vehicle Safety 
Standard (FMVSS) No. 106, ``Brake hoses.'' Pursuant to 49 U.S.C. 
30118(d) and 30120(h), Delphi has petitioned for a determination that 
this noncompliance is inconsequential to motor vehicle safety and has 
filed an appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Reports.'' Notice of receipt of the petition was 
published, with a 30 day comment period, on April 20, 2004 in the 
Federal Register (69 FR 21185). NHTSA received no comments.
    Delphi produced approximately 1534 aftermarket brake hose 
assemblies between January 2001 and February 2004 that did not have the 
manufacturer's logo embossed on the fitting. S5.2.4 requires that:

    Each hydraulic brake hose assembly, except those sold as part of 
a motor vehicle, shall be labeled by means of a band around the 
brake hose assembly as specified in this paragraph or, at the option 
of the manufacturer, by means of labeling as specified in S5.2.4.1.

S5.2.4.1 states that:


[[Page 41332]]


At least one end fitting of a hydraulic brake hose assembly shall be 
etched, stamped or embossed with a designation at least one-
sixteenth of an inch high that identifies the manufacturer of the 
hose assembly.

    Delphi believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Delphi 
states that the subject brake hose assemblies meet the functional 
performance requirements of the standard for the hose, the fittings, 
and the assembly, and therefore will perform exactly as intended in the 
vehicle and will not in any way affect the safety of the vehicle.
    Delphi states that, since S5.2.4 allows a band to be placed around 
the hose as an alternative to embossing the logo on one of the 
fittings, if the S5.2.4 option had been used, the band would be placed 
on top of the brake hose, which already contains the same logo, which 
appears to be redundant. Delphi also asserts that, since the brake hose 
assemblies at issue are only sold by the vehicle manufacturer's parts 
division, if the vehicle owner desired to know the brake hose assembly 
manufacturer, the vehicle manufacturer could provide this information. 
Delphi states that since these brake hoses are specific to a specific 
vehicle, and are not sold at normal consumer automotive retail outlets, 
the person desiring to replace the brake hose assembly could only find 
them at the vehicle manufacturer's authorized outlet.
    The agency agrees that the noncompliance of the brake hose 
assemblies is inconsequential to motor vehicle safety. Because the 
manufacturer of the hose and the fitting are the same, and the 
manufacturer's logo that should be on the fitting is printed on all of 
the hose that is part of the assembly, in this particular case the 
label on the brake hose fitting is redundant to the label on the brake 
hose itself. Delphi has corrected the problem.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Delphi's petition is granted and the petitioner is exempted from the 
obligation of providing notification of, and a remedy for, the 
noncompliance.

    Authority: (49 U.S.C. 30118, 30120; delegations of authority at 
CFR 1.50 and 501.8).

    Issued on: July 1, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-15563 Filed 7-7-04; 8:45 am]
BILLING CODE 4910-59-P