[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)]
[Rules and Regulations]
[Pages 19561-19562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10790]



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


DEPARTMENT OF TRANSPORTATION
49 CFR Part 571
[Docket No. 96-29, Notice 01]
RIN 2127-AG28

Federal Motor Vehicle Safety Standards; Hydraulic Brake Systems
AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Final rule, technical amendment.

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

SUMMARY: This document deletes an obsolete section of Standard No. 105, 
Hydraulic brake systems, that relates to an optional burnish procedure. 
This section is obsolete because the time period to which it specifies 
is in the past.

EFFECTIVE DATE: This rule is effective June 3, 1996.

FOR FURTHER INFORMATION CONTACT: For nonlegal issues: Mr. Robert M. 
Clarke, Office of Crash Avoidance, telephone (202) 366-4923.
    For legal issues: Mr. Marvin Shaw, Office of Chief Counsel, NCC-20, 
(202) 366-2992. Both may be reached at the National Highway Traffic 
Safety Administration, 400 Seventh St., S.W., Washington, D.C. 20590.

SUPPLEMENTARY INFORMATION: Pursuant to the President's March 4, 1995, 
directive, ``Regulatory Reinvention Initiative,'' to the heads of 
departments and agencies, NHTSA undertook a review of all its 
regulations and directives. During the course of this review, the 
agency identified several requirements and regulations that are 
potential candidates for rescission. In reviewing Standard No. 105, the 
agency concluded that a section relating to the optional burnish 
requirements in S7.4.2.1(a) was obsolete and should be deleted.<SUP>1 
The optional burnish requirements applied to vehicles manufactured 
before September 1, 1994, because the agency wanted to provide this 
option for a finite period of time. To improve the clarity and 
conciseness of Standard No. 105, the agency is deleting S7.4.2.1(a) 
from the standard.
---------------------------------------------------------------------------

    \1\ During this review, the agency identified another obsolete 
reference in S7 which was deleted in a December 13, 1995, final rule 
(60 FR 63965).
---------------------------------------------------------------------------

    NHTSA finds good cause to make this amendment effective 30 days 
after publication of this document. This amendment makes a minor change 
to Standard No. 105.
    NHTSA also finds for good cause that notice and an opportunity for 
comment on this document are unnecessary. This document does not impose 
any additional responsibilities on any manufacturer. Instead, this 
document simply removes an outdated provision in the standard.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rulemaking document was not reviewed under E.O. 12866, 
``Regulatory Planning and Review.'' Further, this action has been 
determined to be not ``significant'' under the Department of 
Transportation's regulatory policies and procedures. This rule removes 
an outdated portion of Standard 105 without changing any of the 
requirements in the standard. Because this rule does not affect any 
substantive requirement of the hydraulic brake standard, its impacts 
are so minimal as not to warrant preparation of a full regulatory 
evaluation.
    Regulatory Flexibility Act: NHTSA has also considered the impacts 
of this rule under the Regulatory Flexibility Act. I hereby certify 
that this rule will not have a significant economic impact on a 
substantial number of small entities. As noted above, this rule simply 
removes an outdated portion of Standard 105. It has no effect 
whatsoever on the manufacture or sale of vehicles.
    National Environmental Policy Act: NHTSA has also analyzed this 
rule under the National Environmental Policy Act and determined that it 
will not have a significant impact on the human environment.
    Executive Order 12612 (Federalism): NHTSA has analyzed this rule in 
accordance with the principles and criteria contained in E.O. 12612, 
and has determined that this rule will not have significant federalism 
implications to warrant the preparation of a Federalism Assessment.
    Civil Justice Reform: This rule will not have any retroactive 
effect. Under 49 U.S.C. 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. 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, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, Tires.

    In consideration of the foregoing, the agency is amending 49 CFR 
571.105, Hydraulic brake systems, to read as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    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. 571.301   [Amended]

    2. Section 571.105 is amended by revising S7.4.2.1 to read as 
follows:

[[Page 19562]]

Sec. 571.105   Standard No. 105, Hydraulic Brake Systems.

* * * * *
    S7.4.2.1  Burnish. Vehicles are burnished according to the 
following procedures. Make 500 snubs between 40 mph and 20 mph at a 
deceleration rate of 10 f.p.s.p.s. Except where an adjustment is 
specified, after each brake application accelerate to 40 mph and 
maintain that speed until making the next brake application at a point 
1 mile from the initial point of the previous brake application. If the 
vehicle cannot attain a speed of 40 mph in 1 mph, continue to 
accelerate until the vehicle reaches 40 mph or until the vehicle has 
traveled 1.5 miles from the initial point of the previous brake 
application, whichever occurs first. The brakes shall be adjusted three 
times during the burnish procedure, in accordance with the 
manufacturer's recommendations, after 125, 250, and 375 snubs.
 * * * * *
    Issued on April 25, 1996.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 96-10790 Filed 5-1-96; 8:45 am]
BILLING CODE 4910-59-P