[Federal Register Volume 70, Number 71 (Thursday, April 14, 2005)]
[Notices]
[Page 19837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7524]


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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-20858; Notice 1]


DOT Chemical, Receipt of Petition for Decision of Inconsequential 
Noncompliance

    DOT Chemical has determined that certain containers of brake fluid 
which it manufactured in June 2004 do not comply with S5.1.7, S5.1.9, 
and S5.1.10 of 49 CFR 571.116, Federal Motor Vehicle Safety Standard 
(FMVSS) No. 116, ``Motor vehicle brake fluids.'' DOT Chemical 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), DOT Chemical 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 DOT Chemical'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.
    Affected are a total of approximately 50,000 containers of DOT 4 
brake fluid, lot numbers KMF02 and KMF03, manufactured in June 2004. 
FMVSS No. 116 requires that, when tested as referenced in S5.1.7 
``Fluidity and appearance at low temperature,'' S5.1.9 ``Water 
tolerance,'' and S5.1.10 ``Compatibility,'' the brake fluid shall show 
no crystallization or sedimentation. The subject brake fluid shows 
crystallization and sedimentation when tested as referenced in S5.1.7 
at -40[deg] F and -58[deg] F, sedimentation when tested as referenced 
in S5.1.9 at -40[deg] F, and crystallization when tested as referenced 
in S5.1.10 at -40[deg] F.
    DOT Chemical believes that the noncompliance is inconsequential to 
motor vehicle safety and that no corrective action is warranted. DOT 
Chemical states that there are fiber-like crystals in the fluid, which 
are borate salts, and

are a natural part (no contamination) of DOT 4 brake fluid 
production (just fallen out of solution in some packaged goods) and 
have not demonstrated any flow restrictions even at extended periods 
of low temperatures at -40[deg] F. Furthermore, when the fluid is 
subjected to temperatures in a normal braking system, the crystals 
go back into solution in some cases not to reappear at all at 
ambient temperatures.

    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 am to 5 pm 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: May 16, 2005.

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

    Issued on: April 11, 2005.
Ronald L. Medford,
Senior Associate Administrator for Vehicle Safety.
[FR Doc. 05-7524 Filed 4-13-05; 8:45 am]
BILLING CODE 4910-59-P