Federal Motor Vehicle Safety Standards; Brake Hoses and Motor Vehicle Brake Fluids

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 92-59; Notice 2]

RIN 2127-AE58

Federal Motor Vehicle Safety Standards; Brake Hoses and Motor

Vehicle Brake Fluids

AGENCY: National Highway Traffic Safety Administration (NHTSA),

Department of Transportation.

ACTION: Final rule.

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SUMMARY: This rule amends Federal Motor Vehicle Safety Standards No.

106, Brake hoses, and No. 116, Motor vehicle brake fluids to specify a

new referee material to be used in the compatibility testing of brake

hoses and brake fluids. Referee material is used to test specimens of

brake hose and fluid for compliance with the standards' requirements.

This action is necessary because the present referee material, RM-66-

03, will become commercially unavailable. The intended effect of this

rule is to ensure the continued availability of the referee material

used to test brake hoses and fluids.

DATES: Effective Date: This final rule is effective July 10, 1995. The

incorporation by reference of certain publications listed in the

regulations is approved by the Director of the Federal Register as of

July 10, 1995.

Petitions for Reconsideration: Any petition for reconsideration of

this final [[Page 30197]] rule must be received by NHTSA not later than

July 10, 1995.

ADDRESSES: Petitions for reconsideration should refer to the docket and

notice numbers set forth at the beginning of this rule and be submitted

to the following: Administrator, National Highway Traffic Safety

Administration, 400 Seventh Street SW., Washington, D.C. 20590. It is

requested, but not required, that 10 copies of any petition be

submitted.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Carter, Office of Vehicle

Safety Standards, National Highway Traffic Safety Administration, 400

Seventh Street, SW Washington, D.C. 20590. Mr. Carter's telephone

number is: (202) 366-5274.

SUPPLEMENTARY INFORMATION: Federal Motor Vehicle Safety Standards No.

106, Brake hoses, and No. 116, Motor vehicle brake fluids, specify

performance requirements for brake hoses and motor vehicle brake fluid.

Included in the performance requirements for Standard No. 106 is a

brake fluid compatibility test, and included in Standard No. 116 are

compatibility and chemical stability tests. The procedures for the

compatibility and chemical stability tests currently reference the

referee material brake fluid specified by the Society of Automotive

Engineers (SAE) in J1703. SAE develops, blends, packages, and

distributes referee material fluids for use by NHTSA and others for

these tests.

Brake fluid compatibility is considered an important factor in

establishing brake hose life and strength characteristics. Standard No.

106's compatibility test measures hydraulic brake hose compatibility

with brake fluid. The brake hose that is being tested is filled with

the SAE Compatibility Fluid for a specified number of hours at

specified temperatures, and then is subjected to constriction and burst

strength tests. The current compatibility fluid--RM-66-03 Compatibility

Fluid (i.e., ``RM-66-03'')--is referenced in the test procedures for

the standard's brake fluid compatibility test.

Standard No. 116's compatibility requirements determine the

compatibility of brake fluid used in motor vehicles with a referee

material. The SAE compatibility fluid that is used in these tests as a

referee material should be representative of the fluids found in a

braking system in service. The tests measure the compatibility of

fluids of different chemical bases by checking whether there are

undesirable chemical interactions resulting from the mixture of fluids.

Section S6.10 determines the compatibility of a brake fluid with other

brake fluids. This section currently references RM-66-03 compatibility

fluid as the referee material used in the test procedure.

The current compatibility fluid, RM-66-03, is a blend of four

proprietary, commercial brake fluids: Dow HD50-4, Delco Supreme II, Dow

455, and Olin HDS-79. However, because one of these fluids is no longer

available and a second one will soon be removed from the market, this

compatibility fluid is no longer being produced. Existing quantities of

the compatibility fluid have been exhausted. The SAE has already

replaced RM-66-03 with a new referee material, RM-66-04.

Rulemaking Petition and Proposal

On December 27, 1991, SAE petitioned the agency to amend portions

of Standard No. 106 and Standard No. 116 to specify the RM-66-04

referee material in place of the then used, but soon to be outdated,

RM-66-03 compatibility fluid. The RM-66-04 material was developed

specifically for the SAE J1703 Motor Vehicle Brake Fluid standard. It

consists of four American, one Asian and one European fluid, blended

equally by volume.

NHTSA proposed amending Standard Nos. 106 and 116 to specify the

use of RM-66-04 referee material in place of RM-66-03. 57 FR 49162,

October 30, 1992. The agency tentatively concluded that the new

compatibility fluid should be specified in the standard since it will

be commercially available and the current fluid would not. The agency

further believed that the new referee material would be more

representative of fluids that will be in service. The agency noted that

the International Standards Organization (ISO) is also proposing to use

RM-66-04, and that use of the same material would be consistent with

international harmonization.

The agency also proposed that the change to the RM-66-04

compatibility fluid be effective on January 1, 1995, but that optional

use of RM-66-04 would be permitted 30 days after publication of a final

rule. The effective date is discussed further in the ``Effective date''

section.

Comments on the NPRM

In response to the NPRM, the agency received comments from

Chrysler, Ford and General Motors. All three commenters supported the

wording of the proposed regulatory text. Ford supported the proposed

effective date of the amendment and the proposal to permit optional

compliance.

Agency Decision

Since all comments supported its proposals, NHTSA adopts the

proposals as final. Accordingly, the agency amends S5.3.9 and S6.7.1(a)

of Standard No. 106, and S6.5.4.1 through S6.5.4.3, S6.10.1 through

S6.10.3(a), and S7.2 of Standard No. 116. In addition, this final rule

incorporates by reference Appendix B of SAE Standard J1703 JAN 1995,

``Motor Vehicle Brake Fluid.'' This incorporation by reference was

approved by the Director of the Federal Register in accordance with 5

U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the

Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA

15096. Copies may be inspected at the NHTSA Docket Room, 400 Seventh

Street, S.W., Room 5109, Washington, D.C. 20590. (Docket hours are 9:30

a.m. to 4 p.m. Monday through Friday), or at the Office of the Federal

Register, 800 North Capitol St., N.W., Suite 700, Washington, D.C.

No adverse impact on safety is anticipated from the use of the new

referee material in the test procedures of Standards No. 106 and 116.

On the contrary, since the RM-66-03 compatibility fluid is no longer

commercially available, ascertaining whether hoses and fluids comply

with criteria related to compatibility and boiling points will be

difficult. Amending the standards to allow the use of RM-66-04

compatibility fluid in place of RM-66-03 ensures that a compatibility

fluid representative of today's brake fluids is readily available for

the compliance tests of those standards.

Effective Date

There is good cause for the effective date for this rule. The

agency believes an expedited effective date is appropriate since the

RM-66-03 material is no longer being produced. Since RM-66-03 is no

longer available, manufacturers should be permitted the option of using

the new RM-66-04 compatibility fluid almost immediately. This rule

permits manufacturers to use the RM-66-04 compatibility fluid 30 days

after publication of this rule.

Rulemaking Analyses and Notice

1. Executive Order 12866 and DOT Regulatory Policies and Procedures

This final rule was not reviewed under E.O. 12866, ``Regulatory

Planning and Review.'' NHTSA has considered the impact of this

rulemaking action under the Department of Transportation's regulatory

policies and procedures. The agency believes that a [[Page 30198]] full

regulatory evaluation is not required because the rule will have only

minimal economic impacts. The rule will only have a minimal cost impact

on manufacturers and users of brake fluids because one referee material

will merely replace another referee material. No change is expected in

the cost of the new referee material. RM-66-03 fluid was sold at $8.00

per quart. The agency anticipates that RM-66-04 fluid will be sold at

the same price.

2. Regulatory Flexibility Act

In accordance with the Regulatory Flexibility Act, NHTSA has

evaluated the effects of this action on small entities. Based upon this

evaluation, I certify that the final rule would not have a significant

economic impact on a substantial number of small entities. Accordingly,

no regulatory flexibility analysis has been prepared. The final rule

only specifies that manufacturers of brake fluid are to substitute one

type of referee material for another type of referee material.

Therefore, there should be no cost impacts that would affect the

purchase price of brake hoses or brake fluid. Thus, neither

manufacturers of motor vehicles, nor small businesses, small

organizations, and small governmental units which purchase motor

vehicles, would be significantly affected by the amendment.

3. National Environmental Policy Act

The agency has also considered the environmental implications of

this final rule in accordance with the National Environmental Policy

Act of 1969 and determined that the final rule would not significantly

affect the human environment.

4. Executive Order 12612 (Federalism)

This final rule has been analyzed in accordance with the principles

and criteria contained in Executive Order 12612. It has been determined

that the final rule does not have sufficient Federalism implications to

warrant the preparation of a Federalism Assessment. No state laws would

be affected.

5. Civil Justice Reform

This final rule would not have any retroactive 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. section 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.

List of Subjects in 49 CFR Part 571

Imports, Incorporation by reference, Motor vehicle safety, Motor

vehicles, Rubber and rubber products, Tires.

PART 571--[AMENDED]

In consideration of the foregoing, 49 CFR Part 571 is amended as

follows.

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.

Sec. 571.189 [Amended]

2. In Section 571.106, S5.3.9 and paragraph (a) of S6.7.1 are

revised to read as follows:

* * * * *

S5.3.9 Brake fluid compatibility, constriction, and burst

strength. Except for brake hose assemblies designed for use with

mineral or petroleum-based brake fluids, a hydraulic brake hose

assembly shall meet the constriction requirement of S5.3.1 after having

been subjected to a temperature of 200 deg.F for 70 hours while filled

with SAE RM-66-04 Compatibility Fluid, as described in Appendix B of

SAE Standard J1703 JAN 1995, ``Motor Vehicle Brake Fluid.'' It shall

then withstand water pressure of 4,000 psi for 2 minutes and thereafter

shall not rupture at less than 5,000 psi (S6.2). (SAE RM-66-03

Compatibility Fluid, as described in Appendix A of SAE Standard J1703

NOV83, ``Motor Vehicle Brake Fluid,'' November 1983, may be used in

place of SAE RM-66-04 until January 1, 1995.)

* * * * *

S6.7.1 Preparation.

(a) Attach a hose assembly below a 1-pint reservoir filled with 100

ml. of SAE RM-66-04 Compatibility Fluid as shown in Figure 2. (SAE RM-

66-03 Compatibility Fluid, as described in Appendix A of SAE Standard

J1703 NOV83, ``Motor Vehicle Brake Fluid,'' November 1983, may be used

in place of SAE RM-66-04 until January 1, 1995.)

* * * * *

Sec. 571.189 [Amended]

3. In Section 571.116, S6.5.4 is republished for the convenience of

the reader; S6.5.4.1, S6.5.4.2, S6.5.4.3, S6.10.1, S6.10.2, paragraph

(a) of S6.10.3 and S7.2 are revised to read as follows:

S6.5.4 Chemical stability.

S6.5.4.1 Materials. SAE RM-66-04 Compatibility Fluid as described

in Appendix B of SAE Standard J1703 JAN 1995, ``Motor Vehicle Brake

Fluid.'' (SAE RM-66-03 Compatibility Fluid as described in Appendix A

of SAE Standard J1703 Nov83, ``Motor Vehicle Brake Fluid,'' November

1983, may be used in place of SAE RM-66-04 until January 1, 1995.)

S6.5.4.2 Procedure.

(a) Mix 30 1 ml. of the brake fluid with 30

1 ml. of SAE RM-66-04 Compatibility Fluid in a boiling

point flask (S6.1.2(a)). Determine the initial ERBP of the mixture by

applying heat to the flask so that the fluid is refluxing in 10

2 minutes at a rate in excess of 1 drop per second, but

not more than 5 drops per second. Note the maximum fluid temperature

observed during the first minute after the fluid begins refluxing at a

rate in excess of 1 drop per second. Over the next 15 1

minutes, adjust and maintain the reflux rate at 1 to 2 drops per

second. Maintain this rate for an additional 2 minutes, recording the

average value of four temperature readings taken at 30 second intervals

as the final ERBP.

(b) Thermometer and barometric corrections are not required.

S6.5.4.3 Calculation.

The difference between the initial ERBP and the final average

temperature is the change in temperature of the refluxing mixture.

Average the results of the duplicates to the nearest 0.5 deg.C (1.0

deg.F).

* * * * *

S6.10.1 Summary of the procedure.

Brake fluid is mixed with an equal volume of SAE RM-66-04

Compatibility Fluid, then tested in the same way as for water tolerance

(S6.9) except that the bubble flow time is not measured. This test is

an indication of the compatibility of the test fluid with other motor

vehicle brake fluids at both high and low temperatures.

S6.10.2 Apparatus and materials.

(a) Centrifuge tube. See S7.5.1(a).

(b) Centrifuge. See S7.5.1(b).

(c) Cold Chamber. See S6.7.2(b)

(d) Oven. See S6.9.2(d)

(e) SAE RM-66-04 Compatibility Fluid. As described in Appendix B of

SAE Standard J1703 JAN 1995 ``Motor Vehicle Brake Fluid.'' (SAE RM-66-

03 Compatibility Fluid as described in Appendix A of SAE Standard J1703

NOV83, ``Motor Vehicle Brake Fluid,'' November 1983, may be used in

place of SAE RM-66-04 until January 1, 1995.) [[Page 30199]]

S6.10.3 Procedure.

(a) At low temperature.

Mix 50 0.5 ml. of the brake fluid with 50

0.5 ml. of SAE RM-66-04 Compatibility Fluid. Pour this mixture into a

centrifuge tube and stopper with a clean dry cork. Place tube in the

cold chamber maintained at minus 40 deg. 2 deg.C (minus

40 deg. 3.6 deg.F) After 24 2 hours, remove

tube, quickly wipe with a clean lint-free cloth saturated with ethanol

(isopropanol when testing DOT 5 fluids) or acetone. Examine the test

specimen for evidence of sludging, sedimentation, or crystallization.

Test fluids, except DOT 5 SBBF, shall be examined for stratification.

* * * * *

S7.2 Water content of motor vehicle brake fluids. Use analytical

methods based on ASTM D1123-59, ``Standard Method of Test for Water in

Concentrated Engine Antifreezes by the Iodine Reagent Method,'' for

determining the water content of brake fluids, or other methods of

analysis yielding comparable results. To be acceptable for use, such

other method must measure the weight of water added to samples of the

SAE RM-66-04 and TEGME Compatibility Fluids within 15

percent of the water added for additions up to 0.8 percent by weight,

and within 5 percent of the water added for additions

greater than 0.8 percent by weight. The SAE RM-66-04 Compatibility

Fluid used to prepare the samples must have an original ERBP of not

less than 205 deg.C (401 deg.F) when tested in accordance with S6.1.

The SAE TEGME fluid used to prepare the samples must have an original

ERBP of not less than 240 deg.C (464 deg.F) when tested in accordance

with S6.1.

* * * * *

Issued on: June 2, 1995.

Ricardo Martinez,

Administrator.

[FR Doc. 95-13932 Filed 6-7-95; 8:45 am]

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