[Federal Register Volume 71, Number 239 (Wednesday, December 13, 2006)]
[Rules and Regulations]
[Pages 74823-74825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21207]


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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: Final rule; 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, and announced an 
effective date of December 20, 2006. The agency has received several 
petitions for reconsideration of the rule and a petition to delay the 
effective date of the final rule. To allow for more time to respond to 
petitions for reconsideration, and to give industry more time to meet 
new requirements, this document delays the effective date of the final 
rule for one year, to December 20, 2007.
    This decision was made after NHTSA published a notice of proposed 
rulemaking on November 15, 2006, soliciting public comment on whether 
the effective date should be extended. All commenters wrote in support 
of extending the effective date.

DATES: The effective date of the final rule amending 49 CFR 571.106 
published at 69 FR 76298 on December 20, 2004 is delayed until December 
20, 2007. Optional early compliance continues to be permitted as of 
February 18, 2005. Any petitions for reconsideration of today's final 
rule must be received by NHTSA not later than January 29, 2007.

ADDRESSES: Petitions for reconsideration should refer to the docket 
number for this action and be submitted to: Administrator, National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590.

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.



[[Page 74824]]

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). The petitions addressed 
a wide range of FMVSS No. 106 subjects.

Petition for Extension of the Effective Date

    In a submission dated September 12, 2006, Legris (a division of 
Groupe Legris Industries) petitioned NHTSA for a delay 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.''

Notice of 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 the 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 delay of the effective date, to December 20, 2007, would 
preserve the status quo until then.
    On November 15, 2006 (71 FR 66480) (DMS Docket No. NHTSA-2006-
26299), NHTSA published a Federal Register notice proposing to delay 
the effective date for one year, to December 20, 2007. NHTSA stated 
that if made final, the NPRM would make no substantive change to the 
standard, but would only 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. Because the agency sought to 
provide as much lead time as possible about its final determination 
whether the effective date will be delayed, a 15-day comment period on 
the issue of the delay of the December 20, 2004 final rule's effective 
date was provided.

Public Comments and Final Rule

    In response to the November 15, 2006 NPRM, NHTSA received comments 
from: the Truck Manufacturers Association; the Alliance of Automobile 
Manufacturers; Mr. George B. Apgar, Chairman of the Society of 
Automotive Engineers Fluid Conductors and Conductors Technical 
Committee, Nonmetallic Airbrake Tubing and Fittings Subcommittee; and 
from four manufacturers of air brake hoses, other brake hose products 
or brake system components. All commenters wrote in support of delaying 
the effective date of the FMVSS No. 106 final rule to December 20, 
2007. One commenter wrote that it ``just learned of the changes to 
FMVSS No. 106 within the last week.''
    After considering the comments, NHTSA has decided to delay to 
December 20, 2007, the effective date of the December 20, 2004 final 
rule amending FMVSS No. 106.

This Document Takes Effect Immediately

    Because December 20, 2006 (the original effective date for the 
FMVSS No. 106 final rule) is fast approaching, NHTSA also finds for 
good cause that this action delaying the effective date should take 
effect immediately. Today's final rule makes no substantive change to 
FMVSS No. 106, but delays the effective date of the December 20, 2004 
final rule for one year while the agency responds to the petitions for 
reconsideration of the rule.

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 rule delays the effective date of a December 20, 2004 final 
rule amending FMVSS No. 106. There are 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 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 rule will not have a significant economic impact on a substantial 
number of small entities. This rule does not impose any new 
requirements or costs on manufacturers. It only preserves 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), 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 only delays the effective date of a final 
rule, this final rule does 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 rule for the purposes of the National 
Environmental Policy Act. We have determined that implementation of 
this action will not

[[Page 74825]]

have any significant impact on the quality of the human environment.

E. Executive Order 13132, Federalism

    This rule will 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 rule will 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

    This rule will 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 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: December 8, 2006.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E6-21207 Filed 12-12-06; 8:45 am]
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