[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Notices]
[Pages 47484-47485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17932]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18755; Notice 1]


Coupled Products, Inc., Receipt of Petition for Decision of 
Inconsequential Noncompliance

    Coupled Products, Inc. (Coupled Products) has determined that 
certain hydraulic brake hose assemblies that it produced do not comply 
with S5.3.4 of 49 CFR 571.106, Federal Motor Vehicle Safety Standard 
(FMVSS) No. 106, ``Brake hoses.'' Coupled Products has filed an 
appropriate report pursuant to 49 CFR part 573, ``Defect and 
Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Coupled Products has 
petitioned for an exemption from the notification and remedy 
requirements of 49 U.S.C. chapter 301 on the basis that this 
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of Coupled Product's petition is published 
under 49 U.S.C. 30118 and 30120 and does not represent any agency 
decision or other exercise of judgment concerning the merits of the 
petition.
    A total of approximately 24,622 brake hose assemblies, consisting 
of 3,092 assemblies bearing Part Number 5478 and 21,530 assemblies 
bearing Part Number 5480 are affected. S5.3.4 of FMVSS No. 106, tensile 
strength, requires that ``a hydraulic brake hose assembly shall 
withstand a pull of 325 pounds without separation of the hose from its 
end fittings.'' The potentially affected hoses were manufactured using 
a ``straight cup'' procedure rather than the appropriate ``step cup'' 
procedure. Compliance testing by the petitioner of eight sample hose 
assemblies from two separate manufacturing lots of these hoses revealed 
that seven of the eight samples experienced hose separation from the 
end fittings at from 224 to 317 pounds.
    Coupled Products believes that the noncompliance is inconsequential 
to motor vehicle safety and that no corrective action is warranted. 
Coupled Products states that these hoses were shipped exclusively to EZ 
Loader, a manufacturer of boat trailers, the sole customer of the 
affected hoses. Coupled Products states:

    Both Part Numbers 5478 and 5480 are utilized in specific boat 
trailer applications of a single trailer manufacturer. * * * [T]he 
routing and placement of the hoses on the particular boat trailers 
involved, and the shielded nature of the end fittings on those 
trailers are such that a linear, end-to-end ``straight pull'' on the 
hose assembly, such as that specified in the FMVSS No. 106 tensile 
strength test procedure, is unlikely to occur in real-world use. 
Because of the manner in which these hose assemblies are installed, 
rather than a ``straight pull,'' it is more likely that the free 
length of the hose itself could be entangled or caught on a piece of 
road debris or other obstruction, resulting in a ``side pull'' on 
the assembly. With this potential in mind, [Coupled Products] 
conducted a side pull tensile test on a sample of the subject brake 
hose assemblies to simulate the possible effect of a side pull on 
the integrity of the assembly. This was accomplished by creating 
special mounting fixtures and apparatus to the standard testing 
equipment. * * * The ``side pull'' test results show that the 
tensile load achieved prior to the ends separating from the hose 
exceeded 530 pounds in each of the five samples tested--well in 
excess of the 325 pound requirement.

    Coupled Products further states:

    We believe that it is likely that in order for such a [side] 
pull to occur, the debris or obstacle in question would need to be 
of such size and/or weight that its encounter with the trailer would 
result in significant structural impact and thus have immediate 
effect on the operation of the trailer. While we have not been able 
to devise a test that would verify this theory, we believe that this 
is a realistic scenario. As a result, it seems likely that the 
trailer would likely incur an operational impact even before the 
possible loss of braking capability resulting from hose assembly 
failure.
    The axles used in the trailers in question are stationary. 
Unlike sliding axles that are used in some trailers, the axles used 
in these trailers are in a fixed location. Consequently, the 
possibility that the sliding movement of the axle might result in 
unintended pull on the hose is remote. * * *
    Because the braking system on the trailer is independent of the 
towing vehicle's braking system, any failure of the hose assembly 
due to excessive tensile force--unlikely as that may be--will not 
result in a loss of braking capability of the towing vehicle. Thus, 
in the unlikely event of separation, the driver would still retain 
full braking capability of the towing vehicle and would be able to 
stop the vehicle (although additional stopping distance may be 
required depending on the type of vehicle being used).

    Coupled Products states that in other cases NHTSA determined that a 
FMVSS No. 106 noncompliance is inconsequential where, because of the 
specific vehicle application involved, the hose assembly would not be 
subject to the type of forces specified in the standard. Coupled 
Product says:

    See, e.g., General Motors Grant of Petition * * * 57 FR 1511 
(January 14, 1992) (granting petition with respect to adhesion test 
noncompliance because, among other reasons, the ``end use of the 
hoses was such that they were subject to pressure, not vacuum 
applications''), and Mitsubishi Motors America Grant of Petition * * 
* 57 FR 45868 (October 5, 1992) (same).

    Coupled Products states it cannot estimate the percentage of the 
affected population that may be noncompliant, but the test results 
indicate that it is likely to be less than 100 percent. Coupled 
Products indicates that the problem has been corrected.
    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery: 
Room PL-401 on the plaza level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC. It is requested, but not required, that 
two copies of the comments be provided. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal holidays. Comments may 
be submitted electronically by logging onto the Docket Management 
System Web site at http://dms.dot.gov. Click on ``Help'' to obtain 
instructions for filing the document electronically. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: September 7, 2004.

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



[[Page 47485]]


    Issued on: August 2, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-17932 Filed 8-4-04; 8:45 am]
BILLING CODE 4910-59-P