Public Meeting To Discuss Requirements for Brake Hoses Used on Commercial Motor Vehicles

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 393

[FHWA Docket No. MC-97-5; FHWA-97-2364]

RIN 2125-AD40

Public Meeting To Discuss Requirements for Brake Hoses Used on

Commercial Motor Vehicles

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of public meeting.

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SUMMARY: The FHWA is announcing a public meeting to discuss

requirements for brake hoses used on commercial motor vehicles. The

meeting is intended to initiate dialogue between the FHWA; the National

Highway Traffic Safety Administration (NHTSA); manufacturers of brake

hoses, brake hose assemblies, and brake hose end fittings for use on

commercial motor vehicles; and interested parties concerning the

adequacy of current Federal requirements for brake hoses and related

components. The meeting will include presentations by the FHWA and the

NHTSA explaining their respective roles. The agencies would provide

brake hose manufacturers and interested parties the opportunity to

voice their concerns about the adequacy of current Federal requirements

for brake hoses.

DATES: The meeting will be held on March 24, 1998. The meeting will

begin at 10:00 a.m. and end at 4:00 p.m.

ADDRESSES: The meeting will be held in room 4200 of the Department of

Transportation's headquarters located at 400 Seventh Street, SW.,

Washington, D.C. 20590.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Motor

Carrier Research and Standards, HCS-10, (202) 366-4009; or Mr. Charles

E. Medalen, Office of the Chief Counsel, HCC-20, (202) 366-1354,

Federal Highway Administration, 400 Seventh Street, SW., Washington,

D.C. 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday

through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

An electronic copy of this document may be downloaded using a modem

and suitable communications software from the Federal Register

Electronic Bulletin Board Service at (202) 512-1661. Internet users may

reach the Federal Register's home page at: http://

[[Page 8607]]

www.nara.gov/nara/fedreg and the Government Printing Office's database

at: http://www.access.gpo.gov/su__docs.

Background

On April 14, 1997 (62 FR 18170), the FHWA published a notice of

proposed rulemaking (NPRM) concerning 49 CFR part 393 of the Federal

Motor Carrier Safety Regulations (FMCSRs), and requested comments on

the proposed amendments. The FHWA indicated that the proposed changes

are intended to remove obsolete and redundant regulations; respond to

several petitions for rulemaking; provide improved definitions of

vehicle types, systems, and components; resolve inconsistencies between

part 393 and the National Highway Traffic Safety Administration's

Federal Motor Vehicle Safety Standards (49 CFR 571); and codify certain

FHWA regulatory guidance concerning the requirements of part 393.

Generally, the amendments do not involve the establishment of new or

more stringent requirements, but a clarification of existing

requirements. The agency indicated that this action is consistent with

the President's Regulatory Reinvention Initiative and furthers the

FHWA's ongoing Zero-Base Regulatory Review in that it proposes to make

many sections more concise, easier to understand, and more performance

oriented.

On June 12, 1997, the FHWA extended the comment period from June

13, 1997, to July 28, 1997, in response to a petition from the Motor

and Equipment Manufacturers Association (MEMA) (62 FR 32066). The MEMA

requested additional time to formulate comments in response to the

proposed amendments in Sec. 393.25, Requirements for lamps other than

head lamps, Sec. 393.45, Brake tubing and hose, adequacy, and

Sec. 393.46, Brake tubing and hose connections. A copy of the MEMA

request is included in the docket.

FHWA's Proposed Amendments to Secs. 393.45 and 393.46

Currently, the FHWA requires that brake hose and tubing installed

on commercial motor vehicles conform to the applicable provisions of

Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake hoses (49

CFR 571.106). In addition, the FHWA's regulations reference several

Society of Automotive Engineers (SAE) standards concerning testing

procedures for brake hoses used in air, hydraulic, and vacuum brake

systems. There are also references to SAE standards for metallic and

nonmetallic tubing, and tubing and hose connections.

As part of the FHWA's effort to make the FMCSRs easier to

understand, use and enforce, the agency proposed eliminating all of the

references to SAE brake hose and tubing standards, with the exception

of SAE J844, Nonmetallic Air Brake System Tubing. The proposed

revisions, if adopted, would continue to require that all brake tubing

and hoses, brake hose assemblies, and brake hose end fittings on

commercial motor vehicles meet the applicable requirements of FMVSS No.

106. The FHWA would incorporate by reference SAE J844 concerning coiled

nylon brake tubing in air brake systems to take into account three

exceptions currently contained in the FMVSS No. 106 test procedures for

air brake hose.1 The tests concerning length change, tensile

strength, and tensile strength of an assembly after immersion in water,

have exceptions for coiled brake tubing. Manufacturers may choose

between using the test procedures specified in FMVSS No. 106, or the

test procedures specified in the SAE standards referenced in the FHWA's

brake hose requirements. The proposed revision would have the effect of

limiting each of the exceptions in FMVSS No. 106 to coiled nylon tubing

that meets the testing requirements in SAE J844.

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\1\ Paragraphs S7.3.6 (length change), S7.3.10 (tensile

strength), and S7.3.11 (water absorption and tensile strength) of 49

CFR 571.106 cross reference Sec. 393.45 and indicate that certain

coiled tubing that meets the requirements of Sec. 393.45 is not

required to meet the testing requirements described in those

paragraphs.

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Purpose of the Meeting

Several brake hose manufacturers have submitted comments to the

rulemaking docket expressing opposition to the proposed changes. The

manufacturers believe the SAE standards that would no longer be

referenced provide more stringent testing requirements than FMVSS No.

106 and are essential to ensuring that brake hose is adequate for use

on commercial motor vehicles. Certain brake hose manufacturers have

contacted members of Congress to voice their concerns stating that the

proposed changes will decrease highway safety.

The FHWA has received numerous calls from congressional staff and

letters from members of the House and Senate. At the request of

congressional staff, the FHWA met with representatives from several

congressional offices on October 24, 1997, to explain the proposed

rulemaking and the roles of the FHWA and the NHTSA. During the meeting,

the FHWA offered to hold a public meeting concerning brake hoses. It

was agreed that the public meeting would give the FHWA and the NHTSA

the opportunity to clarify their respective roles for the brake hose

manufacturers, and provide the brake hose manufacturers with the

opportunity to voice their concerns about Secs. 393.45 and 393.46 and

FMVSS No. 106 to the FHWA and the NHTSA.

Meeting Information

The meeting will be held on March 24, 1998, at the Department of

Transportation's headquarters located at 400 Seventh Street, SW.,

Washington, D.C., 20590. The meeting will be held in room 4200. The

Department of Transportation's headquarters is located above the

L'Enfant Plaza subway station and is two blocks south of the

intersection of Independence Avenue and Seventh Street, SW. The meeting

is scheduled from 10:00 a.m. to 4:00 p.m.

Since access to the Department of Transportation's headquarters is

controlled, all visitors must sign-in with the security office located

at the southwest entrance to the building and wear a visitor's badge at

all times while in the building.

Individuals who wish to make a formal presentation should contact

Mr. Larry W. Minor at (202) 366-4012 no later than March 16, 1998, to

ensure that sufficient time is allotted for the presentation and to

identify any audio-visual equipment needed for the presentation.

List of Subjects in 49 CFR Part 393

Highways and roads, Incorporation by reference, Motor carriers,

Motor vehicle equipment, Motor vehicle safety.

Authority: 49 U.S.C. 31136, 31502; and 49 CFR 1.48.

Issued on: February 13, 1998.

Paul L. Brennan,

Acting Associate Administrator for Motor Carriers.

[FR Doc. 98-4352 Filed 2-19-98; 8:45 am]

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