[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Proposed Rules]
[Pages 5553-5560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1958]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2010-0012
RIN 2127-AK58


Federal Motor Vehicle Safety Standards; Motor Vehicle Brake 
Fluids

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This NPRM proposes to amend FMVSS No. 116, Motor Vehicle Brake 
Fluids, so that brake fluids would be tested with ethylene, propylene, 
and diene terpolymer (EPDM) rubber, as this type of rubber is 
increasingly being used in brake fluid seals. This NPRM also updates 
references to standards issued by the Society of Automotive Engineers 
(SAE) and the American Society for Materials and Testing (ASTM) (no 
substantive changes to the standard would be made by these updates), 
and corrects minor errors in the standard.

DATES: Comments must be received on or before April 5, 2010.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. Eastern 
Time, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Regardless of how you submit your comments, you should mention the 
docket number of this document.
    You may call the Docket at 202-366-9324.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation heading of the SUPPLEMENTARY INFORMATION section of this 
document. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act discussion below.
    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 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: 
    For non-legal issues: Mr. Samuel Daniel, Office of Crash Avoidance 
Standards, National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue, SE., Washington, DC 20590 (202-366-4921). Mr. Daniel's 
fax number is: (202) 366-7002.
    For legal issues: Ms. Dorothy Nakama, Office of the Chief Counsel, 
National Highway Traffic Safety Administration, 1200 New Jersey Avenue, 
SE., Washington, DC 20590 (202-366-2992). Ms. Nakama's fax number is: 
(202) 366-3820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Testing With Ethylene, Propylene, and Diene Terpolymer Rubber
III. Updating SAE Standard J1703
IV. Updating American Society for Testing and Materials Standards
V. Other Proposed Corrections and Updates to FMVSS No. 116
VI. Effective Date
VII. Rulemaking Analyses and Notices
VIII. Public Participation

I. Background

    Federal Motor Vehicle Safety Standard (FMVSS) No. 116, Motor 
Vehicle Brake Fluids (49 CFR 571.116), specifies requirements for 
fluids for use in hydraulic brake systems of motor vehicles, containers 
for these fluids, and labeling of the containers. The purpose of the 
standard is to reduce failures in the hydraulic braking systems of 
motor vehicles that may occur because of the manufacture or use of 
improper or contaminated fluid. FMVSS No. 116 was developed from 
Society of Automotive Engineers (SAE) Standards J1703, J1704, and 
J1705, which address the performance requirements and test procedures 
for DOT3, DOT4, and DOT5 brake fluid, respectively. FMVSS No. 116 
incorporates by reference or otherwise refers to particular editions 
(by date) of SAE J1703. FMVSS No. 116 also references several standards 
published by the American Society for Testing and Materials (ASTM) 
relating to test procedures and devices.

II. Testing With Ethylene, Propylene, and Diene Terpolymer Rubber

    This document proposes to update FMVSS No. 116 so that brake fluids 
would be tested with the materials currently used in the manufacture of 
brake fluid seals. Over the past two decades, the motor vehicle 
industry has increasingly gone from using styrene- butadiene rubber 
(SBR) for the brake system seals to ethylene, propylene, and diene 
terpolymer (EPDM)(as characterized by SAE J1703 AUG2008) rubber because 
EPDM rubber is more heat resistant and less expensive to manufacture. 
At present, FMVSS No. 116 tests the effects of brake fluid on SBR, but 
not on EPDM rubber.\1\ In this NPRM, we propose to include the testing 
of brake fluid on EPDM rubber. The following amendments are proposed.
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    \1\ In the early 1980s, SAE added testing of EPDM rubber to SAE 
J1703, Motor Vehicle Brake Fluid, and SAE J1704, Borate Ether Based 
Brake Fluid.
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a. Definition of ``Brake Fluid''

    To apply FMVSS No. 116 to brake fluid that contacts EPDM rubber, we 
propose to expand the definition of ``brake fluid'' at S4 of the 
standard to expressly state that ``brake fluid'' includes liquids that 
contact EPDM rubber in a hydraulic brake system.

b. Corrosion Test

    The corrosion test in FMVSS No. 116 (S5.1.6 and S6.6) evaluates the 
corrosive effects of brake fluid on several

[[Page 5554]]

materials that are designed to come into contact with brake fluid, 
including iron, steel, aluminum, brass, copper, and SBR. Currently in 
the test, duplicate samples of metal corrosion test strips are 
assembled and placed along with an SBR wheel cylinder cup into a test 
jar, immersed in water-wet brake fluid, capped and placed in an oven at 
100 degrees Celsius (212 degrees Fahrenheit) for 120 hours. Upon 
removal from the oven and cooling, the strips, SBR wheel cylinder cup 
and fluid are examined and tested. The performance results are based on 
an average of the results from each sample.
    We propose to add an EPDM slab stock to each test jar and to use 
performance criteria and test procedures developed by the SAE and 
incorporated into SAE J1703, dated August 2008 (``SAE J1703 
AUG2008'')(see Appendix D), and SAE J1704, dated June 2003 (``SAE J1704 
JUN2003'').\2\ NHTSA has evaluated these SAE standards and tentatively 
concludes that these standards will effectively evaluate the 
compatibility of brake fluid with EPDM for the following reasons. The 
SAE brake fluid standards are developed and edited by the SAE Brake 
Fluid Standards Committee. The Committee members are from the brake 
fluid manufacturing, packaging, and testing industries as well as from 
the motor vehicle manufacturing industry. The Committee members have 
considerable knowledge and experience with brake fluid products and 
brake fluid standards, and we believe it would be reasonable to rely on 
the Committee's knowledge and expertise. The agency has reviewed the 
material in SAE J1703 and J1704 and determined that it should be 
referenced in FMVSS No. 116.
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    \2\ We are proposing to update the current reference to SAE 
J1703 and add a reference to J1704 in the standard to refer to these 
August 2008 and June 2003 versions of the standards. See discussion 
in next section of this preamble.
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c. Effect on Rubber

    At present, the effect of brake fluid on SBR is tested by using two 
jars with two SBR wheel cylinder cups tested in each jar. One jar is 
heated to 70 degrees Celsius (158 degrees Fahrenheit) and the other is 
heated to 120 degrees Celsius (248 degrees Fahrenheit). We propose to 
amend this test by including two EPDM rubber specimens in two 
additional jars (see SAE J1704 JUN2003). Also, we propose adopting the 
performance requirements for EPDM rubber specimens in SAE Standard 
J1703 AUG2008, paragraphs 4.11.3 and 4.11.4. As previously stated, we 
tentatively conclude it would be reasonable to rely on the knowledge 
and expertise of the Brake Fluid Standards Committee in proposing to 
adopt the performance requirements for EPDM rubber specimens.

d. Continuing To Test SBR

    We believe there is still a need for FMVSS No. 116 to continue to 
specify testing the effect of brake fluid on SBR. Based on limited 
inquiries to industry (to fewer than nine companies), NHTSA believes 
that industry has not completely converted to using EPDM rubber, and in 
some cases, manufacturers continue to use SBR in brake system seals. We 
note that under SAE Standards J1703 AUG2008 and J1704 JUN2003, the most 
recent versions of those standards, brake fluid is still tested for its 
effect on SBR. Since it appears that SBR is continued to be used in 
brake system seals, we propose to continue to test the effect of brake 
fluids on SBR in FMVSS No. 116.

III. Updating SAE Standard J1703

    Since FMVSS No. 116 took effect in the early 1970's, we have 
referenced SAE standard J1703 as the source of the specifications for 
materials and procedures used in the specified FMVSS No. 116 tests. SAE 
has updated its standard over the years and the editions of the 
standard currently referenced in FMVSS No. 116 are not recent editions 
of the standard issued by that organization.
    For example, FMVSS No. 116 specifies the use of materials and 
apparatus set forth in the tables and appendices of SAE Standard J1703 
to conduct brake fluid testing. The current edition of J1703 is SAE 
Standard J1703 AUG2008, which has specifications for the corrosion test 
strips, the compatibility fluid, and styrene-butadiene rubber (SBR), in 
Appendices A, B, and C, respectively. However, FMVSS No.116 makes 
several references to SAE Standard J1703b, which is a 1971 edition of 
the SAE standard. FMVSS No. 116 also references SAE Standard J1703 
NOV83 and other editions of SAE Standard J1703.
    The contents of the appendices and figures of the older editions of 
SAE Standard J1703 are generally the same as the contents of the newer 
editions, although the compatibility fluid has been updated as 
necessary to be representative of current brake fluids. This NPRM 
proposes to amend FMVSS No. 116 to incorporate by reference the most 
recent version of the SAE brake fluid standard that contains the 
appropriate information. These updates make no substantive changes in 
the requirements, with the exception of the compatibility fluid, which 
has been changed from the JAN1995 version. We propose to reference the 
most recent version of SAE Standard J1703 because the most recent 
versions of the Standards are readily available from the SAE.
    The following table summarizes the proposed references to the 
updated SAE Standard J1703.

                            Table 1--Summary of SAE J1703 References in FMVSS No.116
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            Reference site                 Current version          Proposed version          NHTSA comments
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S6.2 Wet Equilibrium Boiling Point...  Appendix E of SAE J1703  Appendix E of SAE J1703  No change in
                                        NOV83.                   AUG 2008.                specifications.
S6.2.1 Triethylene Glycol Monomethyl
 Ether (TEGME--RM-71).
S6.5 Fluid Stability.................  Appendix B of SAE J1703  Appendix B of SAE J1703  Compatibility fluid is
S6.5.4.1 Materials--Compatibility       JAN95.                   AUG 2008.                changed to be
 Fluid..                                                                                  representative of
                                                                                          recently marketed
                                                                                          products.
S6.6 Corrosion.......................  Appendix C of SAE        Appendix A of SAE J1703  No change in
S6.6.3(a) Materials--Corrosion Test     J1703b.                  AUG 2008.                specifications.
 Strips..
S6.10 Compatibility..................  Appendix B or SAE J1703  Appendix B of SAE J1703  Compatibility fluid is
S6.10.1 Summary of Procedure--          JAN95.                   AUG 2008.                changed periodically.
 Compatibility Fluid..

[[Page 5555]]

 
S6.11 Resistance to Oxidation........  Appendix C of SAE        Appendix A of J1703 AUG  No change in
                                        J1703b.                  2008.                    specifications.
S6.11.3(b) Reagents and Materials--
 Iron and aluminum test strips.
S6.12 Effect on SBR Cups.............  Appendix B of SAE        Appendix C of SAE J1703  No change in
S6.12.2(c) SBR Cups. See S7.6........   J1703b.                  AUG 2008.                specifications.
S6.13 Stroking Properties............  Figure 1 of J1703 NOV83  Figure 2 of SAE J1703    No change in
S13.2 Apparatus and Equipment-                                   OCT2000.                 specifications.
 Stroking Fixture Apparatus..
S7.6 Standard SBR Brake Cups-SBR       Appendix B of SAE        Appendix C of J1703 AUG  No change in
 compounding, vulcanization and         J1703b.                  2008.                    specifications.
 physical properties.
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IV. Updating American Society for Testing and Materials Standards

    FMVSS No. 116 also references several standards published by the 
American Society for Testing and Materials (ASTM). These ASTM standards 
refer to equipment and equipment specifications for materials and 
apparatus used to conduct several of the brake fluid tests in FMVSS No. 
116. The ASTM standards have been updated by ASTM committees. NHTSA 
proposes to update the editions of the ASTM standards referenced in 
FMVSS No. 116 because the most recent versions of the standards are 
readily available from ASTM. The following table summarizes the 
proposed updates to the ASTM Standards.

                               Table 2--ASTM Standards Referenced in FMVSS No. 116
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                                  Reference cited in
          ASTM standard              FMVSS No. 116    Referenced version    Updated version     NHTSA Comments
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ASTM D2515 Viscometers for Brake  S6.3.2(a)           ASTM D2125-66.....  ASTM D446-07......  Standard
 Fluid Testing.                    Viscometers.                                                designation
                                                                                               change; 116 information
                                                                                               unchanged.
ASTM E1 Thermometers for Brake    S6.3.2(d)           ASTM E1-68........  ASTM E1-07........  116
 Fluid Testing.                    Thermometers.                                               information
                                                                                               unchanged.
ASTM D445 Viscosity Test          S6.3.3(a)           ASTM D445-65......  ASTM D445-06......  116
 procedures.                       Thermometers.                                               information
                                                                                               unchanged.
ASTM E77 Thermometer calibration  S6.3.3(b)           ASTM E77-66.......  ASTM E77-06.......  116
                                   Thermometers.                                               information
                                                                                               unchanged.
ASTM D1121 Equipment for ph       S6.4.2 Apparatus..  ASTM D1121-67.....  ASTM D1121-06.....  116
 testing.                                                                                      information
                                                                                               unchanged.
ASTM E298 Testing reagents for    S6.11.3(a) Benzoyl  ASTM E298-68......  ASTM E298-01......  116
 purity.                           peroxide.                                                   information
                                                                                               unchanged.
ASTM D1193 Distilled Water        S7.1 Distilled      ASTM D1193-70.....  ASTM D1193-06.....  116
 Specifications.                   Water.                                                      information
                                                                                               unchanged.
ASTM D1123 Water Content........  S7.2 Water Content  ASTM D1123-59.....  ASTM D1123-         116
                                   of Motor Vehicle                        99(2003).           Information
                                   Brake Fluids.                                               unchanged.
ASTM D1415 Hardness Testing.....  S7.4 Measuring      ASTM D1123-68.....  ASTM D1123-         116
                                   Hardness of SBR                         99(2003).           Information
                                   and EPDM Cups.                                              unchanged.
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V. Other Proposed Corrections and Updates to FMVSS No. 116

    Through our contact over the years with Transport Canada, vehicle 
manufacturers, brake fluid manufacturers and brake fluid testing 
facilities, we are aware that corrections and updates to FMVSS No. 116 
are in order. The following are our proposed changes, with rationale 
for the proposed changes.

a. Correction to Reference in S6.3.2(a) Viscometers

    At present, S6.3.2 Viscometers, states that the viscosity should be 
measured within the precision limits of S6.4.7. This reference is 
incorrect. The correct reference is S6.3.7. This NPRM would correct the 
reference so the regulatory text refers to S6.3.7.

b. Temperature Measurement Gradations

    At present in FMVSS No. 116, there are two temperature measurement 
references (see S6.3.2(c), Viscometer bath, and S6.3.3(b), 
Thermometers) where accuracy to the nearest 0.01 degree Celsius (0.02 
degrees Fahrenheit) is specified. In this NPRM, we propose to make the 
temperature control requirements and the gradations specified for 
thermometers consistent. Therefore, we propose that the temperature of 
the viscometer bath for the 100 degrees Celsius (212 degrees 
Fahrenheit) viscosity tests be allowed to vary by 0.05 degrees Celsius 
(0.1 degrees Fahrenheit). We propose to amend the text at S6.3.2(c) to 
allow an increase in temperature variation from 0.01 degrees Celsius 
(0.02 degrees Fahrenheit) to 0.05 degrees Celsius (0.1 degrees 
Fahrenheit). In addition, S6.3.3(b) Thermometers, currently refers to 
checking thermometers to the nearest 0.01 degree Celsius (0.02 degrees 
Fahrenheit) by direct comparison with a standardized thermometer. The 
thermometers specified in the standard for kinematic viscosity testing 
are listed in Table IV of

[[Page 5556]]

FMVSS No. 116 and have gradation of 0.05 degrees Celsius (0.1 degree 
Fahrenheit). To make S6.3.3(b) consistent with the Table IV 
thermometers, we propose to amend S6.3.3(b) so that the thermometers 
are checked to the nearest 0.05 degrees Celsius (0.1 degrees 
Fahrenheit). NHTSA believes this proposed change in temperature 
variation will not adversely affect the accuracy of the viscosity 
measurements. Comments are requested on this issue.

c. Timers

    At present, S6.3.3(c), Timers, refers to signals broadcast by the 
National Bureau of Standards, Station WWV, Washington, DC. We propose 
to change the reference to the National Institute of Standards and 
Technology (NIST), which replaced the National Bureau of Standards, to 
update other references, and include a new reference to a government 
Web site that can be consulted for the correct time. Therefore, we 
propose to amend the information in the first sentence of S6.3.3(c) to 
read: ``Time signals are broadcast by the National Institute of 
Standards and Technology (NIST), Station WWV, Fort Collins, Colorado at 
2.5, 5, 10, 15, and 20 Mc/sec (MHz), or the following Web site: http://www.time.gov.''

d. Reinstatement of Inadvertently Removed Paragraph

    S5.1.10, Compatibility, describes the performance requirements for 
brake fluid when tested in accordance with S6.10.1(a), At low 
temperature, and S6.10.3(b), At 60 degrees Celsius (140 degrees 
Fahrenheit). At some point, S6.10.3(b) was inadvertently removed from 
FMVSS No. 116. In this NPRM, we propose to reinstate the paragraph.

VI. Effective Date

    We propose that if made final, the amendments proposed in this NPRM 
become effective 180 days after publication of a final rule in the 
Federal Register. We solicit public comment on this issue.

VII. Rulemaking Analyses and Notices

a. Executive Order 12866 and DOT Regulatory Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under 
Executive Order 12866 and the Department of Transportation's regulatory 
policies and procedures. It was not reviewed by the Office of 
Management and Budget under E.O. 12866, ``Regulatory Planning and 
Review.'' Further, it is not significant for the purposes of the DOT 
policies and procedures. This proposed rule would update the standard 
so that it tests brake fluid with EPDM rubber specimens, updates 
references to SAE and ASTM Standards, and corrects errors. We believe 
brake fluid is already manufactured to be compatible with EPDM rubber, 
since the material is used in brake systems today. The costs of the 
proposed rule would be minimal. We estimate that there are 10 to 15 
brake fluid manufacturers that provide brake fluid for the United 
States market, including OEM and aftermarket brake fluid, and a 
somewhat larger number of packagers of brake fluid. If this proposal is 
made final, the brake fluid manufacturers will need to conduct testing 
to determine whether their products meet the new requirements after 
these amendments become effective. However, the testing costs should 
not increase significantly because this proposal would require changes 
in relatively inexpensive test equipment, including the purchase of 
EPDM rubber.

b. Regulatory Flexibility Act

    We have considered the effects of this rulemaking action under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) I hereby certify that 
this proposed rule, if made final, will not have a significant economic 
impact on a substantial number of small entities. The statement of the 
factual basis for this certification is that, as discussed above, brake 
fluid currently meets the proposed requirements for testing with EPDM 
rubber. The effects of this rulemaking would also have no significant 
economic impact because this rulemaking also simply updates references 
to SAE and ASTM Standards and would correct errors. For these reasons, 
the changes proposed would not have any significant economic impacts on 
small businesses, small organizations or small governmental 
jurisdictions.

c. National Environmental Policy Act

    NHTSA has analyzed this proposed rule for the purposes of the 
National Environmental Policy Act and determined that it would not have 
any significant impact on the quality of the human environment.

d. Executive Order 13132 (Federalism)

    NHTSA has examined today's NPRM pursuant to Executive Order 13132 
(64 FR 43255, August 10, 1999) and concluded that no additional 
consultation with States, local governments, or their representatives 
is mandated beyond the rulemaking process. The agency has concluded 
that the proposed rule would not have sufficient federalism 
implications to warrant consultation with State and local officials or 
the preparation of a federalism summary impact statement. The proposal 
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 the responsibilities among the various levels 
of government.''
    Further, no consultation is needed to discuss the preemptive effect 
of today's proposed rule. NHTSA's safety standards can have preemptive 
effect in two ways. First, the National Traffic and Motor Vehicle 
Safety Act contains an express preemption provision: ``When a motor 
vehicle safety standard is in effect under this chapter, a State or a 
political subdivision of a State may prescribe or continue in effect a 
standard applicable to the same aspect of performance of a motor 
vehicle or motor vehicle equipment only if the standard is identical to 
the standard prescribed under this chapter.'' 49 U.S.C. 30103(b)(1). It 
is this statutory command that unavoidably preempts State legislative 
and administrative law, not today's rulemaking, so consultation would 
be unnecessary.
    Second, the Supreme Court has recognized the possibility of implied 
preemption: In some instances, State requirements imposed on motor 
vehicle manufacturers, including sanctions imposed by State tort law, 
can stand as an obstacle to the accomplishment and execution of a NHTSA 
safety standard. When such a conflict is discerned, the Supremacy 
Clause of the Constitution makes the State requirements unenforceable. 
See Geier v. American Honda Motor Co., 529 U.S. 861 (2000). However, 
NHTSA has considered the nature and purpose of today's proposed rule 
and does not foresee any potential State requirements that might 
conflict with it. Without any conflict, there could not be any implied 
preemption.

e. Unfunded Mandates Act

    The Unfunded Mandates Reform Act (UMRA) of 1995 requires agencies 
to prepare a written assessment of the costs, benefits and other 
effects of proposed or final rules that include a Federal mandate 
likely to result in the expenditure by State, local or tribal 
governments, in the aggregate, or by the private sector, of more than 
$100 million annually (adjusted for inflation with base year of 1995). 
This proposed rule will not result in the expenditure by State, local 
or tribal governments, in the aggregate, or by the private sector, of 
more than $100 million annually. Thus, this proposed rule is not 
subject to the

[[Page 5557]]

requirements of sections 202 and 205 of the UMRA.

f. Executive Order 12778 (Civil Justice Reform)

    Pursuant to Executive Order 12778, ``Civil Justice Reform,'' we 
have considered whether this proposed rule, if made final, would have 
any retroactive effect. We conclude that it would not have such an 
effect. Under 49 U.S.C. section 30103, whenever a Federal motor vehicle 
safety standard is in effect, a state may not adopt or maintain a 
safety standard applicable to the same aspect of performance which is 
not identical to the Federal standard, except to the extent that the 
state requirement imposes a higher level of performance and applies 
only to vehicles procured for the State's use.
    49 U.S.C. 30161 sets forth a procedure for judicial review of final 
rules establishing, amending or revoking Federal motor vehicle safety 
standards. That section does not require submission of a petition for 
reconsideration or other administrative proceedings before parties may 
file suit in court.

g. Paperwork Reduction Act

    NHTSA has determined that this proposed rule will not impose any 
``collection of information'' burdens on the public, within the meaning 
of the Paperwork Reduction Act of 1995 (PRA). This rulemaking action 
will not impose any filing or recordkeeping requirements on any 
manufacturer or any other party.

h. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) requires NHTSA to evaluate and use existing voluntary 
consensus standards \3\ in its regulatory activities unless doing so 
would be inconsistent with applicable law (e.g., the statutory 
provisions regarding NHTSA's vehicle safety authority) or otherwise 
impractical. Consistent with the NTTAA, in this proposed rule, we 
propose to update references (in FMVSS No. 116) to SAE and ASTM 
standards, which are voluntary industry consensus standards.
---------------------------------------------------------------------------

    \3\ Voluntary consensus standards are technical standards 
developed or adopted by voluntary consensus standards bodies. 
Technical standards are defined by the NTTAA as ``performance-based 
or design-specific technical specifications and related management 
systems practices.'' They pertain to ``products and processes, such 
as size, strength, or technical performance of a product, process or 
material.''
---------------------------------------------------------------------------

i. Executive Order 13045 Economically Significant Rules 
Disproportionately Affecting Children

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any 
rule that: (1) Is determined to be ``economically significant'' as 
defined under E.O. 12866, and (2) concerns an environmental, health or 
safety risk that NHTSA has reason to believe may have a 
disproportionate effect on children. This regulatory action does not 
meet either of those criteria.

j. Plain Language

    Executive Order 12866 and the President's memorandum of June 1, 
1998, require each agency to write all rules in plain language. 
Application of the principles of plain language includes consideration 
of the following questions:

--Have we organized the material to suit the public's needs?
--Are the requirements in the rule clearly stated?
--Does the rule contain technical language or jargon that is not clear?
--Would a different format (grouping and order of sections, use of 
headings, paragraphing) make the rule easier to understand?
--Would more (but shorter) sections be better?
--Could we improve clarity by adding tables, lists, or diagrams?
--What else could we do to make the rule easier to understand?

    If you have any responses to these questions, please include them 
in comments to the docket number cited in the heading of this notice.

k. Regulation Identifier Number (RIN)

    The Department of Transportation assigns a regulation identifier 
number (RIN) to each regulatory action listed in the Unified Agenda of 
Federal Regulations. The Regulatory Information Service Center 
publishes the Unified Agenda in April and October of each year. You may 
use the RIN contained in the heading at the beginning of this document 
to find this action in the Unified Agenda.

VIII. Public Participation

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket please include the docket 
number of this document in your comments.
    Your comments must not be more than 15 pages long (49 CFR 553.21). 
We established this limit to encourage you to write your primary 
comments in a concise fashion. However, you may attach necessary 
additional documents to your comments. There is no limit on the length 
of the attachments.
    Please submit two copies of your comments, including the 
attachments, to the Docket at the address given above under ADDRESSES.
    Comments may also be submitted to the docket electronically by 
logging into http://www.regulations.gov. Follow the online instructions 
for submitting comments.
    Please note that pursuant to the Data Quality Act, in order for 
substantive data to be relied upon and used by the agency, it must meet 
the information quality standards set forth in the OMB and DOT Data 
Quality Act guidelines. Accordingly, we encourage you to consult the 
guidelines in preparing your comments. OMB's guidelines may be accessed 
at http://www.whitehouse.gov/omb/fedreg/reproducible.html.

How can I be sure that my comments were received?

    If you wish Docket Management to notify you upon its receipt of 
your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail.

How do I submit confidential business information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation (49 CFR Part 512).

Will the agency consider late comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket

[[Page 5558]]

Management receives after that date. If Docket Management receives a 
comment too late for us to consider in developing a final rule 
(assuming that one is issued), we will consider that comment as an 
informal suggestion for future rulemaking action.

How can I read the comments submitted by other people?

    You may read the comments received by Docket Management at the 
address given above under ADDRESSES. The hours of the Docket are 
indicated above in the same location. You may also see the comments on 
the Internet. To read the comments on the Internet, go to http://www.regulations.gov. Follow the online instructions for accessing the 
dockets.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles, and Tires.

    In consideration of the foregoing, NHTSA proposes to amend 49 CFR 
Part 571 as set forth below.

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for Part 571 continues to read as 
follows:

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

    2. Section 571.116 is amended by:
    a. Revising in S4, the definition of ``brake fluid'';
    b. Adding in S5.1.6, paragraphs (j), (k) and (l);
    c. Adding in S.5.1.12, paragraphs (d), (e) and (f);
    d. Revising, in S6.2.1, the first sentence;
    e. Revising, in S6.3.2, in paragraph (a), the first sentence;
    f. Revising, in S6.3.2, in paragraph (c), the third and fourth 
sentences;
    g. Revising, in S6.3.2, in paragraph (d), the first sentence;
    h. Revising, in S6.3.3, in paragraph (b), the first sentence and 
third sentence;
    i. Revising, in S6.3.3, the first sentence of paragraph (c);
    j. Revising, in S6.4.2, the first sentence;
    k. Revising, S6.5.4.1;
    l. Revising in S6.6.3, the first sentence of paragraph (a) and 
paragraph (b);
    m. Revising, in S6.6.4(b), the heading and adding at the end, the 
sentence set forth below;
    n. Revising S6.6.5;
    o. Revising, in S6.10.1, the first sentence;
    p. Revising, in S6.10.2, paragraph (e);
    q. Revising, in S6.10.3, in paragraph (a), the first sentence;
    r. Adding, in S6.10.3, paragraph (b);
    s. Revising, in S6.11.3, in paragraph (a), the second sentence;
    t. Revising, in S6.11.3, paragraph (b);
    u. Revising S6.12;
    v. Redesignating, in S6.12.1, the existing paragraph as paragraph 
(a) and adding paragraph (b);
    w. Revising, in S6.12.2, paragraph (c);
    x. Redesignating, in S6.12.3, the existing sentence as paragraph 
(a), and adding paragraph (b);
    y. Redesignating, in S6.12.4, the existing paragraph as paragraph 
(a) and adding paragraph (b);
    z. Redesignating S6.12.5 Calculation as S6.12.5.1 Calculation--SBR 
Cups.
    aa. Adding, after S6.12.5.1, S6.12.5.2 Calculation--EPDM Rubber 
Specimens and paragraphs (a), (b), and (c);
    bb. Revising, in S6.13.2, the first sentence;
    cc. Revising S7.1;
    dd. Revising in S7.2, the first sentence;
    ee. Revising, in S7.4.1, paragraph (b); and
    ff. Revising in S7.6, the first sentence in the undesignated 
paragraph following the note, and adding a new sentence immediately 
following that sentence, to read as follows:


Sec.  571.116  Standard No. 116, Motor vehicle brake fluids.

* * * * *

S4. Definitions

* * * * *
    Brake fluid means a liquid designed for use in a motor vehicle 
hydraulic brake system in which it will contact elastomeric components 
made of styrene-butadiene rubber (SBR), ethylene and propylene rubber 
(EPR), polychloroprene (CR) brake hose inner liner tube stock, natural 
rubber (NR) or ethylene, propylene, and diene terpolymer (EPDM) rubber.
* * * * *
    S5.1.6 Corrosion.
* * * * *
    (j) The EPDM rubber test specimens at the end of the test shall 
meet the requirements specified in paragraph 4.6.2 of SAE J1704 JUN2003 
with respect to disintegration and sloughing.
    (k) The EPDM rubber test specimens at the end of the test shall 
meet the requirements specified in paragraph 4.6.2 of SAE J1704 JUN2003 
with respect to hardness.
    (l) The EPDM rubber test specimens at the end of the test shall 
meet the requirements specified in paragraph 4.6.2 of SAE J1704 JUN2003 
with respect to volume requirements.
* * * * *
    S5.1.12 Effects on SBR cups and EPDM rubber specimens.
* * * * *
    (d) EPDM rubber specimens tested as specified in S6.12.4 (of FMVSS 
No. 116) at 70 degrees Celsius (158 degrees Fahrenheit) shall meet the 
performance requirements for volume and hardness specified in paragraph 
4.11.3 of SAE J1703 AUG 2008.
    (e) EPDM rubber specimens tested as specified in S6.12.4 (of FMVSS 
No. 116) at 120 degrees Celsius (248 degrees Fahrenheit) shall meet the 
performance requirements for volume and hardness specified in paragraph 
4.11.4 of SAE J1703 AUG2008.
    (f) The EPDM rubber specimens shall show no disintegration as 
evidenced by stickiness, blisters or sloughing.
* * * * *
    S6.2.1 Summary of procedure. A 350 ml. sample of the brake fluid is 
humidified under controlled conditions; 350 ml. of SAE triethylene 
glycol monomethyl ether (TEGME) as described in Appendix E of SAE J1703 
AUG2008, ``Motor Vehicle Brake Fluids,'' is used to establish the end 
point of humidification. * * *
* * * * *
    S6.3.2 Apparatus.
    (a) Viscometers. Calibrated glass capillary-type viscometers, ASTM 
D446-07, ``Standard Specifications and Operating Instructions for Glass 
Capillary Kinematic Viscometers,'' measuring viscosity within the 
precision limits of S6.3.7 of FMVSS No. 116. * * *
* * * * *
    (c) Viscometer bath. * * * For measurements within 15 degrees to 
100 degrees Celsius (60 degrees to 212 degrees Fahrenheit) the 
temperature of the bath medium shall not vary by more than 0.05 degrees 
Celsius (0.1 degrees Fahrenheit) over the length of the viscometers, or 
between the positions of the viscometers, or at the locations of the 
thermometers. Outside this range, the variation shall not exceed 0.05 
degrees Celsius (0.1 degrees Fahrenheit).
    (d) Thermometers. Liquid-in-Glass Kinematic Viscosity Test 
Thermometers, covering the range of test temperatures indicated in 
Table IV and conforming to ASTM E1-07, ``Standard Specifications for 
ASTM Liquid-in-Glass Thermometers,'' and in the IP

[[Page 5559]]

requirements for IP Standard Thermometers. * * *
* * * * *
    S6.3.3 Standardization.
* * * * *
    (b) Thermometers. Check liquid-in-glass thermometers to the nearest 
0.05 degrees Celsius (0.1 degrees Fahrenheit) by direct comparison with 
a standardized thermometer. * * * (See ASTM E 77-98 (2003), ``Standard 
Test Method for Inspection and Verification of Thermometers.'')
    (c) Timers. Time signals are broadcast by the National Institute of 
Standards and Technology (NIST), Station WWV, Fort Collins, Colorado at 
2.5, 5, 10, 15, and 20 Mc/sec (MHz), or the following Web site: http://www.time.gov. * * *
* * * * *
    S6.4.2 Apparatus. The pH assembly consists of the pH meter, glass 
electrode, and calomel electrode, as specified in ASTM D1121-07, 
``Standard Test Method for Reserve Alkalinity of Engine Coolants and 
Antirusts.'' * * *
* * * * *
    S6.5.4.1 Materials. SAE RM-66-5 Compatibility Fluid as described in 
Appendix B of SAE J1703 AUG2008, ``Motor Vehicle Brake Fluid.''
* * * * *
    S6.6.3 Materials.
    (a) Corrosion test strips. Two sets of strips from each of the 
materials listed in Appendix A of SAE J1703 AUG2008. * * *
    (b) SBR cups and EPDM rubber specimens. Two unused standard SAE SBR 
wheel cylinder (wc) cups as specified in S7.6 and two unused EPDM 
specimens 25.4 mm x 25.4 mm (1 inch x 1 inch) as specified in Appendix 
D of SAEJ1703 AUG2008.
* * * * *
    S6.6.4 Preparation.
* * * * *
    (b) SBR WC cups and EPDM rubber specimens * * * Determine the 
volume of each EPDM rubber specimen according to the procedure 
specified in paragraph 5.6.2 of SAE J1704 JUN2003 and the hardness of 
each specimen as specified in FMVSS No. 116, S7.4.
* * * * *
    S6.6.5 Procedure. (a) Rinse the two SBR wheel cylinder cups and two 
EPDM specimens in ethanol (isopropanol when testing DOT 5 SBBF fluids) 
for not more than 30 seconds and wipe dry with a clean lint-free cloth. 
Place one SBR cup with lip edge facing up and one EPDM specimen in each 
jar. Insert a metal strip assembly inside each cup with the fastened 
end down and the free end extending upward. (See Figure 5.)
    When testing brake fluids, except DOT 5 SBBF, mix 760 ml. of brake 
fluid with 40 ml. of distilled water. When testing DOT 5 SBBFs, 
humidify 800 ml. of brake fluid in accordance with S6.2 of FMVSS No. 
116, eliminating determination of the ERBP. Using this water-wet 
mixture, cover each strip assembly to a minimum depth of 10 mm above 
the tops of the strips. Tighten the lids and place the jars for 120 
 2 hours in an oven maintained at 100 degrees  
2 degrees Celsius (212 degrees  3.6 degrees Fahrenheit). 
Allow the jars to cool at 23 degrees  5 degrees Celsius 
(73.4 degrees  9 degrees Fahrenheit) for 60 to 90 minutes.
    (b) Immediately remove the strips from the jars using forceps, 
agitating the strip assembly in the fluid to remove loose adhering 
sediment. Examine the test strips and jars for adhering crystalline 
deposits. Disassemble the metal strips, and remove adhering fluid by 
flushing with water; clean each strip by wiping with a clean cloth 
wetted with ethanol (isopropanol when testing DOT 5 fluids). Examine 
the strips for evidence of corrosion and pitting. Disregard staining or 
discoloration.
    (c) Place the strips in a dessicator containing silica gel or other 
suitable dessicant, maintained at 23 degrees  5 degrees 
Celsius (73.4 degrees  9 degrees Fahrenheit) for at least 
one hour. Determine the change in weight of each metal strip. Average 
the results for the two strips of each type of metal. Immediately 
following the cooling period, remove the SBR cups and EPDM specimens 
for the jars with forceps. Remove loose adhering sediment by agitation 
of the cups and specimens in the mixture.
    (d) Rinse the SBR cups and EPDM specimens in ethanol (isopropanol 
when testing DOT 5 fluids) and air-dry. Examine the SBR cups and EPDM 
specimens for evidence of sloughing, blisters and other forms of 
disintegration. Measure the base diameter and hardness of each SBR cup 
within 15 minutes after removal from the mixture. Within 15 minutes 
after removal from the mixture, weigh the EPDM specimens; calculate the 
volume change as specified in paragraph 5.6.2 of SAE J1704 JUN2003 and 
test for hardness (See FMVSS No. 116, S7.4).
    (e) Examine the mixture for gelling. Agitate the mixture to suspend 
and uniformly disperse sediment. From each jar, transfer a 100 ml. 
portion of the mixture to an ASTM cone-shaped centrifuge tube. 
Determine the percent sediment after centrifuging as described in S7.5. 
Measure the pH value of the corrosion test fluid according to S6.4.6 of 
FMVSS No. 116. Measure the pH value of the test mixture according to 
S6.4.6 of FMVSS No. 116.
* * * * *
    S6.10.1 Summary of procedure. Brake fluid is mixed with an equal 
volume of SAE RM-66-05 Compatibility Fluid, then tested in the same way 
as the water tolerance (See S6.9 of FMVSS No. 116) is tested, except 
that the bubble flow time is not measured. * * *
    S6.10.2 Apparatus and materials.
* * * * *
    (e) SAE RM-66-05 Compatibility Fluid. As described in Appendix B of 
SAE Standard J1703 AUG2008, ``Motor Vehicle Brake Fluid.''
    S6.10.3 Procedure.
    (a) At low temperature. Mix 50  0.5 mL of brake fluid 
with 50  0.5 mL of SAE RM-66-05 Compatibility Fluid. * * *
    (b) At 60 degrees Celsius (140 degrees Fahrenheit). Place tube and 
test fluid from S6.10.3(a) of FMVSS No. 116 for 24  2 hours 
in an oven maintained at 60 degrees Celsius  2 degrees 
Celsius (140 degrees Fahrenheit  3.6 degrees Fahrenheit). 
Remove the tube and immediately examine the contents for evidence of 
stratification. Determine percent sediment by centrifuging as described 
in S7.5 of FMVSS No. 116.
* * * * *
    S6.11.3 Reagents and materials.
    (a) Benzoyl peroxide, reagent grade, 96 percent. * * * Reagent 
strength may be evaluated by ASTM E298-01, ``Standard Test Methods for 
Assay of Organic Peroxides.''
    (b) Corrosion test strips. Two sets of cast iron and aluminum metal 
test strips as described in Appendix A of SAE J1703 AUG2008.
* * * * *
    S6.12 Effects on SBR cups and EPDM rubber specimens. The effects of 
a brake fluid in swelling, softening, and otherwise affecting standard 
SBR wheel cylinder cups and EPDM specimens shall be evaluated by the 
following procedure.
    S6.12.1 Summary of the procedure.
* * * * *
    (b) Four EPDM specimens, 25.4 mm x 25.4 mm (one inch x one inch) 
are measured, weighed, and their hardness determined. The specimens, 
two to a jar, are immersed in the test brake fluid. One jar is heated 
for 70 hours at 70 degrees Celsius (158 degrees Fahrenheit) and the 
other jar is heated for 70 hours at 120 degrees Celsius (248 degrees 
Fahrenheit). Afterwards, the specimens are washed, examined for 
disintegration, measured again, weighted again, and tested again for 
hardness.

[[Page 5560]]

    S6.12.2 Equipment and supplies.
* * * * *
    (c) SBR cups and EPDM rubber specimens. For rubber cup specimens, 
see S7.6 of FMVSS No. 116. For EPDM rubber specimens, see Appendix D of 
SAE Standard J1703 AUG2008.
* * * * *
    S6.12.3 Preparation.
* * * * *
    (b) Measure the base diameters of the SBR cups as described in 
S6.6.4(b) of FMVSS No. 116 and the hardness of each as described in 
S7.4 of FMVSS No. 116. Determine the volume of each EPDM rubber 
specimen as specified in paragraph 5.11.3 of SAE J1703 AUG2008 and the 
hardness of each EPDM rubber specimen as described in S7.4 of FMVSS No. 
116.
    S6.12.4 Procedure.
* * * * *
    (b) Wash the EPDM rubber specimens in 90 percent ethanol 
(isopropanol when testing DOT 5 fluids) (See S7.3 of FMVSS No. 116) for 
not longer than 30 seconds and quickly dry with a clean, lint-free 
cloth. Using forceps, place two specimens in each of two jars, add 75 
ml of brake fluid to each jar and cap tightly. Place one jar in an oven 
held at 70 degrees  2 degrees Celsius (158 degrees  3.6 degrees Fahrenheit) for 70  2 hours). Place the 
other jar in an oven held at 120 degrees  2 degrees Celsius 
(248 degrees  3.6 degrees Fahrenheit) for 70 degrees  2 hours. Allow each jar to cool for 60 to 90 minutes at 23 
degrees  5 degrees Celsius (73.4 degrees  9 
degrees Fahrenheit). Remove specimens, wash with ethanol (isopropanol 
when testing DOT 5 fluids) for not more than 30 seconds, and quickly 
dry. Examine specimens for disintegration, as evidenced by stickiness, 
blisters, or sloughing. Measure each specimen, test the hardness of 
each specimen, and complete the procedure for determining percent 
change in volume (paragraph 5.11.3 of SAE J1703 AUG2008) of each 
specimen within 15 minutes after removal from the fluid.
    S6.12.5.1 Calculation--SBR Cups.
* * * * *
    S6.12.5.2 Calculation--EPDM rubber specimens.
    (a) Calculate the percentage change in volume of each specimen as 
specified in paragraphs 5.11.3 of SAE J1703 AUG2008.
    (b) Calculate the change in hardness for each specimen. (See S7.4 
of 49 CFR 571.116.)
    (c) Note disintegration as evidenced by stickiness, blisters, or 
sloughing.
* * * * *
    S6.13.2 Apparatus and equipment. The stroking fixture type 
apparatus shown in Figure 1 of SAE J1730 OCT2000 with components 
arranged as shown in Figure 2 of SAE J1703 OCT2000. * * *
* * * * *
    S7.1 Distilled water. Nonreferee reagent water as specified in ASTM 
1193-06, ``Standard Specification for Reagent Water,'' or water of 
equal purity.
    S7.2 Water content of motor vehicle brake fluid. Use analytical 
methods based on ASTM D1123-99 (2003), ``Standard Test Methods for 
Water in Engine Coolant Concentrate by the Karl Fischer Reagent 
Method,'' for determining the water content of brake fluids, or other 
methods of analysis yielding comparable results. * * *
* * * * *
    S7.4.1 Apparatus.
* * * * *
    (b) Hardness tester. A hardness tester meeting the requirements for 
the standard instrument as described in ASTM D1415-06, ``Standard Test 
Method for Rubber Property-International Hardness'' and graduated 
directly in IRHD units.
* * * * *
    S7.6 Standard styrene-butadiene rubber (SBR) brake cups. * * * 
Compounding, vulcanization, physical properties and other details of 
the finished cups shall be as specified in Appendix C of SAE J1703 
AUG2008. The size of the finished cups shall be as specified in Figures 
4, 5 and 6 of SAE J1703 OCT2000. * * *
* * * * *

    Issued on: January 26, 2010.
 Stephen R. Kratzke,
 Associate Administrator for Rulemaking.
[FR Doc. 2010-1958 Filed 2-2-10; 8:45 am]
BILLING CODE 4910-59-P