Federal Motor Vehicle Safety Standards; Motor Vehicle Brake Fluids
| Published date | 26 December 2018 |
| Citation | 83 FR 66228 |
| Record Number | 2018-27796 |
| Section | Proposed rules |
| Court | National Highway Traffic Safety Administration |
Federal Register, Volume 83 Issue 246 (Wednesday, December 26, 2018)
[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FR 5553), is withdrawn as of December 26, 2018.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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