[Federal Register Volume 71, Number 220 (Wednesday, November 15, 2006)]
[Proposed Rules]
[Pages 66480-66482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19198]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2006-26299]


Federal Motor Vehicle Safety Standards; Brake Hoses

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Notice of proposed rulemaking; proposed delay of effective 
date.

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SUMMARY: NHTSA published a final rule in December 2004 that amended the 
Federal motor vehicle safety standard on brake hoses. In early 2005, 
the agency received several petitions for reconsideration of the rule 
and a petition to delay the effective date of the final rule. At 
present, the rule is to take effect on December 20, 2006. To allow for 
more time to respond to petitions for reconsideration, and to give 
industry more time to meet new requirements, this document proposes to 
delay the effective date of the final rule for one year, to December 
20, 2007.

DATES: You should submit your comments not later than November 30, 
2006.

ADDRESSES: We invite you to submit comments on the proposed delay of 
the effective date of the final rule published on December 20, 2004. 
You may submit comments identified by docket number at the heading of 
this notice by any of the following methods:
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site by clicking on 
``Help and Information'' or ``Help/Info.''
     Fax: 1-(202)-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number. Note that all comments received will be posted without 
change to http://dms.dot.gov, including any personal information 
provided.
    Docket: For access to the docket in order to read background 
documents or comments received, go to http://

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dms.dot.gov at any time or to Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.
    We shall consider all comments received before the close of 
business on the comment closing date indicated above. To the extent 
possible, we shall also consider comments filed after the closing date.

FOR FURTHER INFORMATION CONTACT: For technical issues you may call: Mr. 
Jeff Woods, Vehicle Dynamics Division, Office of Crash Avoidance 
Standards, at (202) 366-6206. Mr. Woods' fax number is: (202) 366-4921.
    For legal issues, you may call Ms. Dorothy Nakama, Office of the 
Chief Counsel, at (202) 366-2992. Her fax number is: (202) 366-3820.
    You may send mail to both of these officials at the National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 

Background

    Federal Motor Vehicle Safety Standard No. 106, Brake hoses (49 CFR 
571.106) (FMVSS No. 106), specifies labeling and performance 
requirements for motor vehicle brake hose, brake hose assemblies, and 
brake hose end fittings. The purpose of FMVSS No. 106 is to reduce 
deaths and injuries occurring as a result of brake system failure from 
pressure or vacuum loss due to hose or hose assembly rupture.

2004 Final Rule

    On December 20, 2004 (69 FR 76298) (DMS Docket No. NHTSA-2003-
14483), NHTSA published a final rule amending FMVSS No. 106 to update 
the standard and incorporate the most recent substantive technical 
requirements of several Society of Automotive Engineers (SAE) 
Recommended Practices relating to hydraulic brake hoses, vacuum brake 
hoses, air brake hoses, plastic air brake tubing, and end fittings. The 
final rule specified an effective date of December 20, 2006 for these 
amendments. Optional early compliance with the final rule was permitted 
as of February 18, 2005.

Petitions for Reconsideration

    In early 2005, NHTSA received petitions for reconsideration of the 
December 20, 2004 final rule from Cooper Standard Automotive (Fluid 
Division), Degussa Corporation, George Apgar Consulting, MPC, Inc., and 
Parker Hannifin Corporation (with separate comments from its Brass 
Division and from its Hose Products Division).\1\ The petitions 
addressed a wide range of FMVSS No. 106 subjects.
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    \1\ In July 2005, Arkema, Inc., submitted a document styled as a 
petition for reconsideration. NHTSA is treating the document as a 
petition for rulemaking instead since its regulations (49 CFR 
553.35(a)) provide that a document styled as a petition for 
reconsideration of a final rule and received by the agency more than 
45 days after the issuance of that final rule will be treated as a 
petition for rulemaking.
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Petition for Extension of the Effective Date

    In a submission dated September 12, 2006, Legris petitioned NHTSA 
for an extension of the December 20, 2004 final rule for an additional 
year, to December 20, 2007. Legris stated that it learned of the 
changes to FMVSS No. 106 ``within the past few months'' and stated that 
it cannot make all necessary changes to its brake hose products before 
the December 20, 2006 effective date. Legris asserted that without the 
extension, its business and customer base will be jeopardized and it 
will ``be faced with a considerable loss of both sales revenue and 
profits, as well as losses from products already manufactured but which 
could not be installed in vehicles until after December 20, 2006.''

Proposed Extension of Effective Date

    The petitions for reconsideration asked NHTSA to amend many of the 
December 20, 2004 final rule's provisions on brake hoses, brake hose 
assemblies, and end fittings. Our response to those petitions could 
affect current designs of certain types of brake hoses. The numerous 
issues raised in the petitions are complex. In some cases, the 
petitioners ask for changes that differ from those requested by other 
petitioners. The agency is in the process of developing its response to 
the petitions. A 12-month extension of the effective date, to December 
20, 2007, would preserve the status quo until then. It would also give 
Legris and similarly situated companies additional time to meet updated 
FMVSS No. 106 requirements.
    Because the December 20, 2006 effective date for the final rule is 
fast approaching, NHTSA proposes delaying the effective date for one 
year, to December 20, 2007. If made final, this NPRM would make no 
substantive change to the standard, but would delay the effective date 
of the December 20, 2006 final rule for another year while the agency 
responds to the petitions for reconsideration of the rule. Thus, NHTSA 
seeks public comment on extending the effective date of the final rule 
until December 20, 2007. Because the agency seeks to provide as much 
lead time as possible about its final determination whether the 
effective date will be extended, we have provided a 15-day comment 
period on the issue of the extension of the December 20, 2004 final 
rule's effective date. If the agency does not receive any opposing 
comments, it will issue a final rule adopting the extension shortly 
after the comment closing date.

Rulemaking Analyses and Notices

A. Executive Order 12866, Regulatory Planning and Review, and DOT 
Regulatory Policies and Procedures

    We have considered the impact of this rulemaking action under 
Executive Order 12866 and the Department of Transportation's regulatory 
policies and procedures. This rulemaking document was not reviewed 
under E.O. 12866, ``Regulatory Planning and Review.'' Further, we have 
determined that this action is not ``significant'' within the meaning 
of the Department of Transportation's regulatory policies and 
procedures (44 FR 11034; February 26, 1979).
    This NPRM proposes to delay the effective date of a December 20, 
2004 final rule amending FMVSS No. 106. If made final, there would be 
no additional costs associated with the delay of the effective date. 
Since the safety benefits from the December 20, 2004 final rule cannot 
be quantified, and are likely minor, the impact of this extension is 
also likely minor.

B. Regulatory Flexibility Act

    NHTSA has considered the impacts of this rulemaking action under 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). I certify that 
the proposed rule would not have a significant economic impact on a 
substantial number of small entities. If made final, this rule would 
not impose any new requirements or costs on manufacturers, but instead 
would only preserve the status quo for an additional year.

 C. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) 
(PRA),

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a person is not required to respond to a collection of information by a 
Federal agency unless the collection displays a valid OMB control 
number. Since it would only delay the effective date of a final rule, 
if made final, this NPRM would not impose any new collection of 
information requirements for which a 5 CFR part 1320 clearance must be 
obtained.

D. National Environmental Policy Act

    We have analyzed this proposed rule for the purposes of the 
National Environmental Policy Act. We have determined that 
implementation of this action would not have any significant impact on 
the quality of the human environment.

E. Executive Order 13132, Federalism

    This proposed rule would not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132.

F. Civil Justice Reform

    This proposed rule would not have any retroactive effect. A 
petition for reconsideration or other administrative proceedings are 
not required before parties may file suit in court.

G. Unfunded Mandates Reform Act

    If made final, this proposed rule would not result in costs of $100 
million or more to either State, local, or tribal governments, in the 
aggregate, or to the private sector. Thus, this proposed rule is not 
subject to the requirements of sections 202 and 205 of the Unfunded 
Mandates Reform Act.

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: November 7, 2006.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E6-19198 Filed 11-14-06; 8:45 am]
BILLING CODE 4910-59-P