[Federal Register Volume 63, Number 34 (Friday, February 20, 1998)]
[Proposed Rules]
[Pages 8606-8607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4352]
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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]
BILLING CODE 4910-22-P
