[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Proposed Rules]
[Pages 66228-66229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27796]


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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 (DOT).

ACTION: Proposed rule; withdrawal.

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SUMMARY: NHTSA withdraws its notice of proposed rulemaking (NPRM), 
published on February 3, 2010, proposing amendments to the Federal 
Motor Vehicle Safety Standard (FMVSS) No. 116, Motor Vehicle Brake 
Fluids. Since publication of the NPRM and after review of the comments, 
the agency has determined that updates and corrections outside the 
scope of the notice are necessary in order to publish a final rule. 
Based on this, the agency has decided to withdraw the proposal to amend 
FMVSS No. 116.

DATES: The NPRM ``Federal Motor Vehicle Safety Standards; Motor 
Vehicles Brake Fluids,'' RIN 2027-AK58, published February 3, 2010 (75 
FR 5553), is withdrawn as of December 26, 2018.

ADDRESSES: Electronic Access: You can view and download related 
documents and public comments by going to the website https://www.regulations.gov. Enter the docket number NHTSA-2010-0012 in the 
search field.

FOR FURTHER INFORMATION CONTACT: Joshua Fikentscher, Office of Crash 
Avoidance Standards (Phone: 202-366-1810; Fax: 202-493-0073) or Sara R. 
Bennett, Office of the Chief Counsel (Phone: 202-366-2992; Fax: 202-
366-3820). You may send mail to both of these officials at the National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Background

    Federal Motor Vehicle Safety Standard (FMVSS) No. 116, ``Motor 
Vehicle Brake Fluids,'' specifies

[[Page 66229]]

requirements for fluids for use in hydraulic brake systems of motor 
vehicle, containers for these fluids, and labeling of the containers. 
The purpose of this standard is to reduce failures, which may occur 
because of the manufacture or use of improper or contaminated fluid, in 
the hydraulic braking systems of motor vehicles. This standard applies 
to all fluid for use in hydraulic brake systems of motor vehicles.

The NPRM

    On February 3, 2010, NHTSA published a Notice of Proposed 
Rulemaking (NPRM) proposing to amend FMVSS No. 116 to include tests to 
measure the impact of brake fluid on ethylene, propylene, and diene 
terpolymer (EPDM) rubber, update references to industry standards, and 
correct minor errors in the standard.\1\ The supporting rationale for 
the proposed EPDM testing amendment was that the motor vehicle industry 
had shifted over the last two decades from using styrene-butadiene 
rubber (SBR), which is currently covered by FMVSS No. 116, to EPDM 
rubber. The proposed rule informed the public about the agency's 
proposal to amend the standard by: (1) Adding the testing of a 
terpolymer of ethylene, propylene, and diene (EPDM) rubber to the 
corrosion test and the temperature sensitivity test; (2) updating the 
Society of Automotive Engineers International (SAE) and American 
Society for Testing and Materials (ASTM) references; and (3) correcting 
minor errors.
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    \1\ 75 FR 5553 (Feb. 3, 2010).
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Comments Received

    NHTSA received comments on the 2010 NPRM from three manufacturers 
of brake fluid/components, an international standards organization, and 
an individual. Two of the manufacturers mentioned that the 
Compatibility Fluid, RM-66-05, was no longer available, and had been 
replaced by RM-66-06 or ISO 4926 fluid. All three manufacturers 
suggested changes to a performance test that was unmentioned in the 
agency's proposal. The international standards organization suggested 
changes that reflected more recent SAE standards. The individual 
opposed the incorporation of industry standards into Federal 
regulations and suggested additional performance tests.

Reason for Withdrawal

    Although the agency proposal in 2010 provided amendments to add 
EPDM rubber to the standard and update the references to industry 
standards, further research and studies are necessary to develop a 
proposed upgrade to FMVSS No. 116 that would effectively provide 
minimum performance requirements for the type of EPDM rubber currently 
available. The rubber formulations included in recent updates to 
industry standards have changed, and the blends referenced in the NPRM 
include ingredients that are no longer available.
    In addition to changes to the SBR and EPDM rubber formulations, the 
agency determined other corrections are necessary that were not 
included in the NPRM. One such correction brought up by commenters is 
the reference to the Compatibility Fluid, RM-66-05, which had been 
replaced by the RM-66-06 fluid. Another correction needed is the 
hardness test procedure for the EPDM rubber, which had been 
inadvertently omitted from the proposed performance tests in the NPRM. 
Finally, NHTSA notes SAE International and the ASTM have updated 
several of the industry standards and tests referenced in the NPRM 
since the publication of the notice in 2010.
    Since publication of the NPRM and after review of the comments, the 
agency has determined that updates and corrections outside the scope of 
the notice are necessary in order to publish a final rule, and 
additional research and data analyses are needed. Accordingly, NHTSA 
has determined that the proposed updates in the 2010 NPRM to FMVSS No. 
116 should not be adopted at this time and is withdrawing the NPRM.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.95 and 501.5.
Heidi Renate King,
Deputy Administrator.
[FR Doc. 2018-27796 Filed 12-21-18; 8:45 am]
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