[Federal Register Volume 70, Number 10 (Friday, January 14, 2005)]
[Notices]
[Page 2708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-859]



[[Page 2708]]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-19991; 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 and S5.3.6 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 7,417 brake hose assemblies are affected, 
utilizing a fitting identified as Part Number 12271 which was 
incorporated into 6,075 assemblies bearing Part Number 3381 and 1,244 
assemblies bearing Part Number 3381A; plus 98 assemblies bearing a 
fitting with Part Number 380653.
    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.'' S5.3.6 of FMVSS 
No. 106, water absorption and tensile strength, requires that ``a 
hydraulic brake hose assembly, after immersion in water for 70 hours, 
shall not rupture when run continuously on a flexing machine for 35 
hours.''
    The potentially affected hoses were manufactured during the time 
period of January 30, 2004 through September 10, 2004, using a 
``straight cup'' procedure rather than the appropriate ``step cup'' 
procedure. Coupled Products states that these hoses were sold for 
original equipment applications. Compliance testing by the petitioner 
of sample hose assemblies from each of the affected part numbers 
revealed that they failed the tensile strength test, and also failed 
the water absorption and tensile strength test.
    Coupled Products believes that the noncompliance is inconsequential 
to motor vehicle safety and that no corrective action is warranted. The 
petitioner states the following:

    Part number 12217 is used in assemblies for SUV and pick-up 
truck applications. Part number 380653 is utilized for suspension 
lift kits. * * * [T]he hose assemblies in these applications are 
located in a location that is above significant pieces of vehicle 
hardware including the driveshaft, differential case, and fuel tank 
(Hardware). This configuration is such that a linear, end-to-end 
``straight pull'' on the hose assembly, as that contained in the 
FMVSS No. 106 tensile strength test procedure, is not a real-life 
scenario. Rather than a ``straight pull,'' it is more likely (albeit 
remote) 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. This scenario itself is remote 
because the underlying hardware shields the hose assembly. 
Therefore, if debris were to become entangled in the hose assembly, 
it would first have to bypass the Hardware. If that were to occur, 
the impact would need to be so great as to make the concern of 
braking potential irrelevant.
    Despite the fact that tensile stress on the assembly is an 
unlikely real life scenario, to assess the impact of this unlikely 
scenario, petitioner 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 hose assembly. * * * The 
``side pull'' test results show that the tensile load achieved prior 
to the ends separating from the hose exceeded 538 pounds in each of 
the samples analyzed for tensile results--well in excess of the 325 
pound requirement.

    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 further states:

    Because the braking system on the vehicles in question utilizes 
a dual chamber master cylinder, 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 vehicle. Depending on the 
assembly affected, front or rear braking capability would still 
exist, although additional stopping distance might be required. 
Furthermore, the vehicle's emergency braking system would also 
exist.

    Couple 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: February 14, 2005.

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

    Issued on: January 10, 2005.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 05-859 Filed 1-13-05; 8:45 am]
BILLING CODE 4910-59-P