[Federal Register Volume 69, Number 244 (Tuesday, December 21, 2004)]
[Notices]
[Pages 76520-76521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27832]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2004-18755; Notice 2]


Coupled Products, Inc., Denial of Petition for Decision of 
Inconsequential Noncompliance

    Coupled Products, Inc. (Coupled Products) has determined that 
certain hydraulic brake hose assemblies that it produced do not comply 
with S5.3.4 of 49 CFR 571.106, Federal Motor Vehicle Safety Standard 
(FMVSS) No. 106, ``Brake hoses.'' Pursuant to 49 U.S.C. 30118(d) and 
30120(h), Coupled Products 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. Notice of receipt of Coupled Products' petition was published, 
with a 30 day comment period, on August 5, 2004, in the Federal 
Register (69 FR 47484). NHTSA received no comments.
    S5.3.4 of FMVSS No. 106, tensile strength, requires that ``a 
hydraulic brake hose assembly shall withstand a pull of 325 pounds 
without separation of the hose from its end fittings.'' A total of 
approximately 24,622 brake hose assemblies, consisting of 3,092 
assemblies bearing Part Number 5478 and 21,530 assemblies bearing Part 
Number 5480 may not comply with S5.3.4. The potentially affected hoses 
were manufactured using a ``straight cup'' procedure rather than the 
appropriate ``step cup'' procedure. Compliance testing by the 
petitioner of eight sample hose assemblies from two separate 
manufacturing lots of these hoses revealed that seven of the eight 
samples experienced hose separation from the end fittings at from 224 
to 317 pounds.
    Coupled Products believes that the noncompliance is inconsequential 
to motor vehicle safety and that no corrective action is warranted. 
Coupled Products stated in its petition:

    Both Part Numbers 5478 and 5480 are utilized in specific boat 
trailer applications of a single trailer manufacturer.* * * [T]he 
routing and placement of the hoses on the particular boat trailers 
involved, and the shielded nature of the end fittings on those 
trailers are such that a linear, end-to-end ``straight pull'' on the 
hose assembly, such as that specified in the FMVSS No. 106 tensile 
strength test procedure, is unlikely to occur in real-world use. 
Because of the manner in which these hose assemblies are installed, 
rather than a ``straight pull,'' it is more likely that the free 
length of the hose itself could be entangled or caught on a piece of 
road debris or other obstruction, resulting in a ``side pull'' on 
the assembly. With this potential in mind, [Coupled Products] 
conducted a side pull tensile test on a sample of the subject brake 
hose assemblies to simulate the possible effect of a side pull on 
the integrity of the assembly. This was accomplished by creating 
special mounting fixtures and apparatus to the standard testing 
equipment.* * * The ``side pull'' test results show that the tensile 
load achieved prior to the ends separating from the hose exceeded 
530 pounds in each of the five samples tested--well in excess of the 
325 pound requirement.

    Coupled Products further stated:

    We believe that it is likely that in order for such a [side] 
pull to occur, the debris or obstacle in question would need to be 
of such size and/or weight that its encounter with the trailer would 
result in significant structural impact and thus have immediate 
effect on the operation of the trailer. While we have not been able 
to devise a test that would verify this theory, we believe that this 
is a realistic scenario. As a result, it seems likely that the 
trailer would likely incur an operational impact even before the 
possible loss of braking capability resulting from hose assembly 
failure.
    The axles used in the trailers in question are stationary. 
Unlike sliding axles that are used in some trailers, the axles used 
in these trailers are in a fixed location. Consequently, the 
possibility that the sliding movement of the axle might result in 
unintended pull on the hose is remote.* * *
    Because the braking system on the trailer is independent of the 
towing vehicle's braking system, any failure of the hose assembly 
due to excessive tensile force--unlikely as that may be--will not 
result in a loss of braking capability of the towing vehicle. Thus, 
in the unlikely event of separation, the driver would still retain 
full braking capability of the towing vehicle and would be able to 
stop the vehicle (although additional stopping distance may be 
required depending on the type of vehicle being used).

    In support of its petition, Coupled Products stated that NHTSA has 
in other cases, determined that a FMVSS No. 106 noncompliance is 
inconsequential to safety where, ``because of the specific vehicle 
application involved, the hose assembly will not be subject to the type 
of forces specified in the standard.'' To support this assertion, 
Coupled Products cited two inconsequential petition grants: General 
Motors, 57 FR 1511 (January 14, 1992) and Mitsubishi Motors America, 57 
FR 45868 (October 5, 1992). The petitioner specifically referred to the 
statement in these petition grants that the ``end use of the hoses was 
such that they were subject to pressure, not vacuum applications.''
    NHTSA has reviewed the petition and has determined that the 
noncompliance is not inconsequential to motor vehicle safety. The two 
prior inconsequentiality petition grants cited by the petitioner relate 
to the adhesion requirement for air brake hoses, which addresses the 
separation of the inner layers of the brake hose. This is 
distinguishable from the noncompliance in Coupled Products' hoses, 
which relates to the tensile strength requirement for hydraulic brake 
hoses, and addresses the separation of the hydraulic brake hose from 
the end fittings. Therefore, NHTSA's grant of the petitions cited by 
Coupled Products is not persuasive precedent.
    The petitioner states that because of the specific vehicle 
application involved, (i.e., the hoses are used in specific boat 
trailer applications of a single trailer manufacturer), the hoses are 
installed in such a manner as to make it unlikely that the hose 
assembly would be subject to the type of forces to which the tensile 
strength test is directed. However, this is also true of many 
automobile brake hose applications.
    In addition, the tensile strength test is a worst case test, 
subjecting the crimped joint to a separation pull. The purpose of the 
tensile strength test is to test only the crimped area in a brake hose. 
A test conducted at an angle to the end fitting centerline, such as 
conducted by the petitioner, would not measure the strength of the 
crimped area by itself but also the interaction of the end fitting with 
the interior wall of the brake hose. This would result in a more 
lenient test for the crimped area.
    The petitioner also asserts that because the braking system on the 
trailer is independent of the towing vehicle's braking system, a 
failure of the hose assembly on the trailer would not result in a loss 
of braking capability of the towing vehicle, and the driver would be 
able to stop both vehicles. However, in the event that the failure of 
the hose assembly occurred, the driver of the towing vehicle would be 
faced with a potentially serious safety situation due to the reduced 
stopping capability of the vehicle combination. In

[[Page 76521]]

addition, the braking imbalance can affect the stability of the towing 
vehicle, which can result in a loss-of-control of the vehicle 
combination.
    The compliance testing by the petitioner resulted in seven of eight 
sample hose assemblies experiencing hose separation from the end 
fittings at from 224 to 317 pounds. This represents a noncompliance 
margin of from 45 percent to 2 percent, respectively, compared to the 
requirement of 325 pounds, over a total population of 24,622 hose 
assemblies. NHTSA believes that a noncompliance margin of up to 45 
percent presents a serious safety concern.
    In consideration of the foregoing, NHTSA has decided that the 
petitioner has not met its burden of persuasion that the noncompliance 
it describes is inconsequential to motor vehicle safety. Accordingly, 
its petition is hereby denied. Coupled Products must now fulfill its 
obligation to notify and remedy under 49 U.S.C. 30118 (d) and 30120(h).

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

    Issued on: December 15, 2004.
Kenneth N. Weinstein,
Associate Administrator for Enforcement.
[FR Doc. 04-27832 Filed 12-20-04; 8:45 am]
BILLING CODE 4910-59-P