[Federal Register Volume 70, Number 10 (Friday, January 14, 2005)]
[Notices]
[Pages 2708-2709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-860]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-19257; Notice 2]


The Spares Company, Denial of Petition for Decision of 
Inconsequential Noncompliance

    The Spares Company (Spares), has determined that air brake hose 
assemblies it manufactured from 2000 to 2004 do not comply with S7.2.3 
of 49

[[Page 2709]]

CFR 571.106, Federal Motor Vehicle Safety Standard (FMVSS) No. 106, 
``Brake Hoses.'' Pursuant to 49 U.S.C. 30118(d) and 30120(h), Spares 
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 October 8, 2004 in the Federal Register (69 FR 
60460). NHTSA received two comments.
    A total of approximately 17,000 aftermarket air brake hose 
assemblies produced between November 2000 and June 2004 are affected. 
S7.2.3 of FMVSS No. 106 requires that ``each air brake hose assembly 
made with end fittings that are attached by crimping or swaging * * * 
shall be labeled by means of a band around the brake hose assembly * * 
* [with the DOT symbol and the name of the manufacturer] or, at the 
option of the manufacturer, by means of labeling [of at least one end 
fitting which is etched, stamped or embossed with a designation that 
identifies the manufacturer].'' The affected brake hoses do not have 
the manufacturer's label or a designation of the manufacturer as 
required by S7.2.3.
    Spares manufactured these brake hose assemblies from its 
incorporation date in November 2000 until June 2004, when production 
was stopped because Spares discovered the noncompliance.
    Spares believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Spares 
explains that the units are assembled by Spares using Goodyear-labeled 
hoses and RB Royal-labeled fittings. Spares states that the ``brake 
hose assemblies meet all functional performance requirements of the 
standard for the hose, the fittings, and the assembly and therefore 
will perform exactly as intended.''
    Spares further states that there have been no complaints from any 
distributor or consumer concerning the functioning of the brake hose 
assemblies. Spares has begun notifying all of its distributors of the 
labeling defect and will provide a band for each noncomplying hose 
currently remaining in the distributors' possession. Also, Spares has 
corrected the problem.
    The agency received two public comments. One was received from an 
individual who stated he has many years of experience in brake systems 
and components for air braked vehicles. He agreed with Spares' 
assertion that the lack of a labeling band is inconsequential to safety 
as long as all performance requirements of FMVSS No. 106 are met. The 
comment said in part:

    Spares appears to be doing the right thing in supplying labeling 
bands to their distributor for application onto existing inventory. 
It would be very difficult, if not impossible, to notify vehicle 
owners about hoses sold in the aftermarket * * *.

    However, the fact that it may be difficult to notify vehicle owners 
does not lessen the consequence of the noncompliance to motor vehicle 
safety and therefore is not persuasive.
    A second comment was from a private individual who supported not 
granting the petition. However, this commenter did not address the 
issue to be considered in determining whether to grant this petition, 
that is, is the effect of the noncompliance on motor vehicle safety. 
Therefore, this comment also was considered not to be persuasive.
    This matter presents an unusual and unique notification issue. The 
air brake hose assemblies are not labelled to designate the 
manufacturer. NHTSA has reviewed the petition and has determined that 
the noncompliance is not inconsequential to motor vehicle safety. All 
brake hose assembly manufacturers are required to label their 
assemblies by either a band around the brake hose or by marking the end 
fitting with a designation that identifies the assembly manufacturer. 
This label is critical, since in cases where the assembly has a defect 
or a noncompliance the label would be the only way to identify and 
track the affected assemblies. Thus, the agency maintains a 
manufacturer identification database to ensure that each manufacturer 
has a unique identifier, so that in the event of a defect or 
noncompliance the manufacturer can be easily identified and consumers 
will be able to easily identify a product that may be the subject of a 
recall.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has not met its burden of persuasion that the noncompliance 
described is inconsequential to motor vehicle safety. Accordingly, 
Spares' petition is hereby denied.

    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. 05-860 Filed 1-13-05; 8:45 am]
BILLING CODE 4910-59-P