[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Page 60460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22722]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-19257; Notice 1]


The Spares Company, Receipt of Petition for Decision of 
Inconsequential Noncompliance

    The Spares Company (Spares) has determined that air brake hose 
assemblies it manufactured from 2000 to 2004 do not comply with S7.2.3 
of 49 CFR 571.120, Federal Motor Vehicle Safety Standard (FMVSS) No. 
106, ``Brake Hoses.'' Spares has filed an appropriate report pursuant 
to 49 CFR Part 573, ``Defect and Noncompliance Reports.''
    Pursuant to 49 U.S.C. 30118(d) and 30120(h), Spares has petitioned 
for an exemption from the notification and remedy requirements of 49 
U.S.C. Chapter 301 on the basis that this noncompliance is 
inconsequential to motor vehicle safety.
    This notice of receipt of Spares' petition is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the petition.
    A total of approximately 17,000 aftermarket air brake hose 
assemblies produced between November 2000 and June 2004 are affected. 
S7.2.3 of FMVSS No. 106 requires that ``each air brake hose assembly 
made with end fittings that are attached by crimping or swaging * * * 
shall be labeled by means of a band around the brake hose assembly * * 
* [with the DOT symbol and the name of the manufacturer] or, at the 
option of the manufacturer, by means of labeling [of at least one end 
fitting which is etched, stamped or embossed with a designation that 
identifies the manufacturer].'' The affected brake hoses do not have 
the manufacturer's label or a designation of the manufacturer as 
required by S7.2.3.
    Spares manufactured these brake hose assemblies from its 
incorporation date in November 2000 until June 2004, when production 
was stopped because Spares discovered the noncompliance.
    Spares believes that the noncompliance is inconsequential to motor 
vehicle safety and that no corrective action is warranted. Spares 
explains that the units are assembled by Spares using Goodyear-labeled 
hoses and RB Royal-labeled fittings. Spares states that the ``brake 
hose assemblies meet all functional performance requirements of the 
standard for the hose, the fittings, and the assembly and therefore 
will perform exactly as intended.''
    Spares further states that there have been no complaints from any 
distributor or consumer concerning the functioning of the brake hose 
assemblies. Spares has begun notifying all of its distributors of the 
labeling defect and will provide a band for each noncomplying hose 
currently remaining in the distributors' possession.
    Interested persons are invited to submit written data, views, and 
arguments on the petition described above. Comments must refer to the 
docket and notice number cited at the beginning of this notice and be 
submitted by any of the following methods. Mail: Docket Management 
Facility, U.S. Department of Transportation, Nassif Building, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590-0001. Hand Delivery: 
Room PL-401 on the plaza level of the Nassif Building, 400 Seventh 
Street, SW., Washington, DC. It is requested, but not required, that 
two copies of the comments be provided. The Docket Section is open on 
weekdays from 10 a.m. to 5 p.m. except Federal Holidays. Comments may 
be submitted electronically by logging onto the Docket Management 
System Web site at http://dms.dot.gov. Click on ``Help'' to obtain 
instructions for filing the document electronically. Comments may be 
faxed to 1-202-493-2251, or may be submitted to the Federal eRulemaking 
Portal: go to http://www.regulations.gov. Follow the online 
instructions for submitting comments.
    The petition, supporting materials, and all comments received 
before the close of business on the closing date indicated below will 
be filed and will be considered. All comments and supporting materials 
received after the closing date will also be filed and will be 
considered to the extent possible. When the petition is granted or 
denied, notice of the decision will be published in the Federal 
Register pursuant to the authority indicated below.
    Comment closing date: November 8, 2004.

(Authority 49 U.S.C. 30118, 30120: delegations of authority at CFR 
1.50 and 501.8)

    Issued on: October 5, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-22722 Filed 10-7-04; 8:45 am]
BILLING CODE 4910-59-P