[Federal Register: December 20, 2004 (Volume 69, Number 243)]
[Rules and Regulations]               
[Page 76297-76337]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de04-25]                         


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Part IV





Department of Transportation





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National Highway and Traffic Safety Administration



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49 CFR Part 571



Federal Motor Vehicle Safety Standards; Brake Hoses; Final Rule


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2003-14483]
RIN 2127-AH79

 
Federal Motor Vehicle Safety Standards; Brake Hoses

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This rule updates the Federal motor vehicle safety standard on 
brake hoses to incorporate the substantive specifications of several 
Society of Automotive Engineers (SAE) Recommended Practices relating to 
hydraulic brake hoses, vacuum brake hoses, air brake hoses, plastic air 
brake tubing, and end fittings. The agency initiated this rulemaking in 
response to a joint petition from several brake hose and tubing 
manufacturers.

DATES: This final rule becomes effective December 20, 2006. The 
incorporation by reference of certain publications listed in the 
regulations is approved by the Director of the Federal Register as of 
December 20, 2006.
    Optional early compliance is permitted as of February 18, 2005.
    Any petitions for reconsideration of today's final rule must be 
received by NHTSA not later than February 3, 2005.

ADDRESSES: Petitions for reconsideration should refer to the docket 
number for this action and be submitted to: Administrator, National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:
    For non-legal issues, Mr. Jeff Woods, Vehicle Dynamics Division, 
Office of Vehicle Safety Standards (Telephone: (202) 366-6206) (Fax: 
(202) 366-4921).
    For legal issues, Ms. Dorothy Nakama, Office of the Chief Counsel 
(Telephone: (202) 366-2992) (Fax: (202) 366-3820).
    You may send mail to both of these officials at: National Highway 
Traffic Safety Administration, 400 Seventh St., SW., Washington, DC 
20590.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Notice of Proposed Rulemaking
III. Summary of Comments
IV. Agency Decision to Issue a Final Rule
V. Issues Raised by Commenters and NHTSA's Responses
    A. Issues Relating to All Types of Brake Hose
    1. Use of the term ``burst''
    2. Use of the term ``any''
    3. Constriction test method
    4. Specification of ozone concentration
    B. Hydraulic Brake Hoses
    1. General hydraulic brake hose comments in response to the NPRM
    2. Hydraulic brake hose manufacturer identification requirements
    3. Expansion and burst strength (volumetric expansion) test
    4. Tensile strength
    5. Water absorption and pressure test, tensile strength, and 
whip resistance
    6. Low temperature resistance test
    7. Brake fluid compatibility, constriction, and burst strength
    8. End fitting corrosion resistance
    9. High temperature impulse test
    C. Air Brake Hoses
    1. Construction and labeling
    2. High temperature resistance
    3. Low temperature resistance
    4. Ozone resistance
    5. Adhesion
    6. Air pressure (leakage)
    7. Tensile strength
    8. Minimum bend radius
    D. Vacuum Brake Hoses
    1. Swell (fuel resistance)
    E. Plastic Air Brake Tubing
    1. General comments
    2. Construction
    3. Labeling
    4. Dimensions and tolerances
    5. One hundred percent leak test
    6. Burst test
    7. Moisture absorption
    8. Ultraviolet resistance
    9. Resistance to zinc chloride and methyl alcohol
    10. Stiffness
    11. Heat aging adhesion
    12. Collapse resistance
    13. Oil resistance
    14. Ozone resistance
    F. Plastic Air Brake Tubing Assemblies and End Fittings
    1. General comments
    2. Tensile strength
    3. Hot tensile strength
    4. Vibration leak test
    5. Proof and burst test (end fitting retention)
    6. Serviceability test
    7. End fitting dimensional requirements
    8. End fitting corrosion resistance
    G. New Types of Brake Hose
    H. Metallic Tubing and Pipe
    VI. Statutory Bases for the Final Rule
    VII. Effective Date
    VIII. Rulemaking Analyses and Notices
    A. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    B. Regulatory Flexibility Act
    C. National Environmental Policy Act
    D. Executive Order 13132 (Federalism)
    E. Civil Justice Reform
    F. Paperwork Reduction Act
    G. National Technology Transfer and Advancement Act
    H. Unfunded Mandates Reform Act
    I. Plain Language
    J. Regulation Identifier Number
    Final Rule Regulatory Text

I. Background

    On October 30, 1998, three brake hose manufacturers, Elf Atochem 
North America, Inc., Mark IV Industrial/Dayco Eastman, and Parker 
Hannifin Corporation,\1\ filed a joint petition for rulemaking with 
NHTSA. The petitioners requested that certain requirements relating to 
brake hoses, brake hose tubing, and brake hose end fittings that are 
presently administered by the Federal Motor Carrier Safety 
Administration (FMCSA) be incorporated into the brake hose standard 
that is administered by NHTSA. The Federal Motor Carrier Safety 
Regulations (FMCSR) requirements for brake hoses at 49 CFR 393.45 
(Brake tubing and hose, adequacy) and 49 CFR 393.46 (Brake tubing and 
hose connections) reference several Society of Automotive Engineers 
(SAE) standards that describe the dimensions and performance 
requirements for brake hoses and end fittings for hydraulic, vacuum, 
and air brake hoses, and also metal and plastic tubing and end fittings 
used in brake systems. Specifically, the petitioners requested that the 
SAE standards referenced in the FMCSRs be incorporated into 49 CFR 
571.106 (Brake hoses) of the Federal Motor Vehicle Safety Standards 
(FMVSS) that are administered by NHTSA.
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    \1\ Since the petition was filed, mark IV Industrial/Dayco 
Eastman has been acqired by Parker Hannifin Corporation. Elf Atochem 
North American, Inc. was integrted into Atofina Chemical, Inc. The 
successor petitioning companies are referred to as Parker/Atofina.
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    The petitioners requested that the application of these SAE 
specifications be limited to hose, tubing, and fittings used on trucks, 
truck-trailer combinations, and buses with either a GVWR greater than 
10,000 pounds or which are designed to transport 16 or more people, 
including the driver. In addition, the petitioners requested that the 
current versions of the SAE specifications be adopted instead of the 
older versions cited in the FMCSRs.
    The joint petition was submitted in light of a 1997 proposal by the 
Federal Highway Administration (FHWA), which then administered the 
FMCSRs, to delete these provisions. The FHWA stated that because it has 
no statutory authority to regulate vehicle manufacturers or 
manufacturers of brake hose, tubing, or fittings, all such regulations 
should be included in NHTSA's FMVSS rather than in the FMCSRs. The FHWA 
proposed adopting a requirement that commercial motor vehicles be 
maintained in compliance

[[Page 76299]]

with FMVSS No. 106. However, many of the provisions included in the 
FMCSRs in this subject area were not included in FMVSS No. 106.
    In a 1998 public meeting on the subject, representatives from NHTSA 
and FHWA said that they favored consolidating all requirements for 
brake hose, brake tubing, and fittings in FMVSS No. 106, instead of 
maintaining separate requirements under the jurisdiction of two 
different agencies. They explained that consolidation of the 
requirements would, among other things, make them more enforceable. 
Some of the brake component manufacturers stated their opposition to 
deleting the SAE specifications for their products. FHWA and NHTSA 
indicated that anyone opposed to FHWA's proposal was welcome to file a 
petition for rulemaking requesting that the SAE specifications proposed 
for deletion from the FMCSRs be incorporated into FMVSS No. 106.
    For details about FMCSR's brake hose requirements and additional 
background behind the joint petitions, please see NHTSA's notice of 
proposed rulemaking (NPRM) of May 15, 2003 (68 FR 26384, at pages 26384 
to 26385).

II. Notice of Proposed Rulemaking

    In an NPRM published on May 15, 2003 (68 FR 26384) [DOT Docket No. 
03-14483] NHTSA announced that it had granted the joint petition for 
rulemaking to amend FMVSS No. 106. The agency agreed with the 
petitioners that there was a safety need to transfer the brake hose, 
tubing, and fitting requirements in Sections 393.45 and 393.46 of the 
FMCSRs to FMVSS No. 106, before those requirements were removed. NHTSA 
tentatively concluded that to ensure the continued safety of commercial 
motor vehicle braking systems, the substantive specifications of the 
SAE Recommended Practices should be incorporated into FMVSS No. 106, 
with a few exceptions. This would involve, among other changes, 
establishing a new category in FMVSS No. 106 for plastic air brake 
tubing, end fittings, and tubing assemblies.
    NHTSA's decision to grant the petition was also based on the fact 
that FMVSS No. 106 had not been substantially updated in many years. 
The agency noted that most of the substantive requirements currently in 
FMVSS No. 106 were originally based on SAE standards and American 
Society for Testing and Materials (ASTM) standards referenced therein. 
While the SAE and ASTM standards have been modified over time to keep 
pace with technological developments in the industry, the substantive 
requirements of FMVSS No. 106 have remained relatively unchanged. 
Therefore, NHTSA's proposed changes to FMVSS No. 106 took into account 
the substantial technological developments that have occurred and 
sought to align the standard's requirements with standard industry 
practices. Incorporating many of the SAE standards' performance 
requirements is consistent with Office of Management and Budget (OMB) 
Circular A-119, which directs federal agencies to use and/or develop 
voluntary consensus industry standards, in accordance with Pub. L. 104-
113, the ``National Technology Transfer and Advancement Act of 1995.''
    The agency's proposal differed as follows from the petition:
    First, instead of simply incorporating complete SAE standards by 
reference as the FMCSRs currently do, NHTSA proposed to incorporate 
only the specific requirements/specifications of the SAE standards that 
are either more rigorous than those in FMVSS No. 106 or are not present 
at all in FMVSS No. 106.
    Second, the agency did not propose to limit the application of 
those SAE requirements/specifications to brake hose, tubing, and 
fittings used on commercial motor vehicles. NHTSA tentatively concluded 
that all brake hose, tubing, and fittings can and should meet the SAE 
requirements/specifications, regardless of their end use.
    Third, although NHTSA agreed with the petitioners that proposed 
changes to FMVSS No. 106 should be based on the most recent versions of 
the SAE standards instead of the older versions cited in the FMCSRs, 
the agency noted that a number of SAE's standards had been updated 
since the joint petition was filed. Accordingly, NHTSA proposed to rely 
on the most recent versions of the SAE standards.
    Fourth, the agency did not propose to incorporate SAE standards 
relating to copper tubing, galvanized steel pipe, or end fittings used 
with metallic or non-metallic tubing. These materials are occasionally 
used in chassis plumbing and since these products are not considered to 
be brake hoses, NHTSA stated its belief that they are inappropriate for 
inclusion in FMVSS No. 106.
    Fifth, NHTSA did not propose to incorporate the material and 
construction specifications for Type A and Type B tubing contained in 
SAE J844, Nonmetallic Air Brake System Tubing, and SAE J1394, Metric 
Nonmetallic Air Brake System Tubing because the agency tentatively 
concluded that incorporating those material specifications would be 
design-restrictive.
    Sixth, NHTSA did not propose to incorporate the manufacturer 
identification requirements in SAE J1401, Hydraulic Brake Hose 
Assemblies for Use with Nonpetroleum-Base Hydraulic Fluids, because it 
tentatively concluded that the manufacturer identification requirements 
already present in FMVSS No. 106 are sufficient.

III. Summary of Comments

    In response to the May 15, 2003 NPRM, NHTSA received comments from 
the following eleven organizations and companies: SAE International 
(SAE) and ASTM International (ASTM), which are automotive and 
industrial standards organizations; Intertek Testing Services 
(Intertek), a company that tests brake hoses and other products; and 
the following manufacturers of brake hose products; Goodyear Engineered 
Products (Goodyear), Dana Coupled Products (Dana), Saint-Gobain 
Performance Plastics (SGPPL), Degussa High Performance Polymers (HPP), 
Parker Hanifin Corporation and Atofina Chemical, Inc. (Parker/Atofina), 
SMC Corporation of America (SMC), and DuPont Engineered Polymers 
(DuPont).
    Parker/Atofina submitted joint comments to the NPRM and are the 
successor companies to the parties to the joint petition for rulemaking 
submitted to NHTSA in 1998. Intertek Testing Services conducts 
laboratory testing of various products, including brake hoses, and also 
contracts with NHTSA to perform compliance testing of brake hoses. 
DuPont submitted comments on June 16, 2004, after the NPRM's comment 
closing date of July 14, 2003. However, NHTSA has fully considered 
DuPont's comments.
    The commenters generally supported NHTSA's proposal to amend FMVSS 
No. 106 to include the latest requirements in the SAE brake hose 
standards for hydraulic, vacuum, and air brake hose and tubing. The 
commenters raised numerous technical issues, however. For many of 
proposed tests, commenters provided detailed information on test 
methods and procedures. The comments also generally supported NHTSA's 
proposal to specify requirements for plastic brake tubing, and plastic 
air brake tubing assemblies and end fittings.

IV. Agency Decision To Issue a Final Rule

    In this document, NHTSA announces that it has decided to issue a 
final rule. We have made this decision after we

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have thoroughly reviewed the public comments. We have made a number of 
changes in response to the comments. In the few instances where we did 
not adopt a comment, we explain why, in light of the need for safety.
    We believe that the updated brake hose standard, which combines the 
most rigorous requirements of the latest SAE standards, and of FMVSS 
No. 106, meets the need for safety. Significant changes have been made 
to existing brake hose standards, with the effect of upgrading the 
performance requirements and test procedures relating to: (a) Hydraulic 
brake hose; (b) air brake hose; and (c) vacuum brake hose. In addition, 
we are establishing requirements more specifically tailored for plastic 
air brake tubing, plastic air brake tubing assemblies and end fittings. 
NHTSA seeks to ensure safe plastic air brake tubing, and plastic air 
brake tubing assemblies and end fittings.
    In the following sections, we discuss the public comments to the 
NPRM, our response to the comments, and how (if this is the case) the 
proposed language in the NPRM has been amended in response to the 
comments.

V. Issues Raised by Commenters and NHTSA's Responses

A. Issues Relating to All Types of Brake Hose

1. Use of the Term ``Burst''
    Intertek stated that several proposed requirements in the NPRM 
referred to the word ``burst'' and noted that ``burst'' was not defined 
in the proposed regulatory text. Intertek cited SAE J1401, stating that 
leaks or burst is ``loss of test fluid from the brake hose assembly 
other than by designated inlet(s) and outlet(s).'' NHTSA notes that in 
S4 of FMVSS No. 106, ``rupture'' is defined as any failure that results 
in separation of a brake hose from its end fitting or in leakage. In 
this final rule, NHTSA retains ``burst'' as a term that is presently 
used in FMVSS No. 106 to describe a required test or test pressures (as 
in, for example, a table of burst pressures). Whenever the performance 
requirement of a brake hose is specified, the word ``rupture'' has been 
substituted. This is consistent with existing FMVSS No. 106 text and 
avoids the need to add a definition of ``burst'' to S4.
2. Use of the Term ``Any''
    SMC Corporation commented that S11.3 Test requirements (for plastic 
air brake tubing, plastic air brake tubing assemblies, and plastic air 
brake tubing end fittings) stating ``* * * capable of meeting any of 
the requirements'' should be changed to ``all of the requirements.'' 
[Emphasis added.] NHTSA is not making this recommended change. The term 
``any'' has a very specific meaning in the Federal motor vehicle safety 
standards, including FMVSS No. 106. 49 CFR Part 571.4 specifies that 
``(t)he word any, used in connection with a range of values or set of 
items in the requirements, conditions, and procedures of the standards 
or regulations in this chapter, means generally the totality of the 
items or values, any of which may be selected by the Administration for 
testing. * * * Thus, use of the term ``any'' has the effect of 
including all of the requirements.
3. Constriction Test Method
    The constriction test is conducted to ensure the opening in the 
brake hose is large enough for the medium (i.e., brake fluid or air) to 
flow through unimpeded. In the NPRM, NHTSA noted that while the 
existing FMVSS No. 106 includes constriction requirements, i.e., 
requirements for minimum pass-through diameter, it does not specify a 
test procedure. The agency noted that two different constriction test 
procedures are available: A drop-ball test and a plug gauge test. The 
agency proposed to use a plug gauge method, similar to that in SAE 
J1401, that consists of a spherical end (sized at 64 percent of the 
brake hose nominal inside diameter for hydraulic brake hose and 66 
percent of nominal inside diameter for air brake hose) with a shank and 
handle that can be inserted into the brake hose end fitting. The weight 
of the gauge is specified as two ounces, and this weight assists the 
passage of the spherical end through the fitting. The agency stated 
that it welcomed comments both on its proposal to specify a plug gauge 
test instead of a drop-ball test and on the differences between the 
plug gauge test specified in SAE J1401 and the one the agency proposed.
    Goodyear commented on the proposed constriction test method for air 
brake hoses, and Dana similarly commented on the constriction testing 
for hydraulic brake hoses.
    Goodyear stated that air brake hose manufacturing may result in 
curvature in the hose that could impede the gauge from fully entering 
the brake hose. The agency notes that the proposed regulatory text at 
S6.12 provided that the brake hose is held in a straight position to 
overcome such a problem. Holding the brake hose in a straight position 
allows the gauge to fully enter the brake hose. Goodyear stated that 
the general practice is to use the rolling ball test (also described in 
the NPRM, but not proposed as a test method), and recommended that the 
constriction test method be left to the discretion of the hose/assembly 
manufacturer. NHTSA notes that the rolling ball test is similar but not 
identical to the drop ball test. The drop ball test relies on the force 
of gravity for the ball to drop vertically through the hose; the 
rolling ball test relies on a side-to-side motion by the tester to go 
through the hose.
    Dana agreed with the plug gauge test but recommended including the 
option of a drop ball test or an extended plug gauge for hose assembly 
end fittings that by design do not offer a passage through which a plug 
gauge can be readily inserted. Dana stated that either the extended 
plug gauge or the rolling ball would permit constriction inspection 
without cutting the hose.
    In response to the comments about the drop ball test vs. the 
extended plug gauge test, NHTSA begins by noting that S5.3 Test 
requirements in both the existing FMVSS No. 106 and proposed regulatory 
text for FMVSS No. 106 indicate that a hydraulic brake hose is only 
subjected to one of the test conditions in S5.3.2 through S5.3.11 
(existing text) or through S5.3.13 (proposed text) after having met the 
constriction test requirement in S5.3.1. There is a similar provision 
for air brake hoses in S7.3 Test requirements. Thus, each brake hose 
tested to any of the conditions in FMVSS No. 106 would first be 
inspected for constriction test compliance. If the end fittings or 
other features of the brake hose do not permit the plug gauge to be 
used, or would require cutting of the brake hose or end fitting to do 
so, then constriction testing cannot be conducted prior to one of the 
other performance tests. Therefore, NHTSA is including the drop ball 
test in the final rule to provide NHTSA and the manufacturers an 
alternative to the plug gauge test. In addition, the use of an extended 
length plug gauge is also included for similar reasons. This will 
provide some flexibility in the constriction test method for the 
variety of end fittings likely to be encountered in compliance testing. 
None of these provisions would preclude a brake manufacturer or 
assembler from using other means to perform constriction testing, since 
the purpose of the constriction test is to verify the final inside 
diameter of a brake hose assembly in a pass-fail manner.
4. Specification of Ozone Concentration
    Many commenters noted an incorrect specification of ozone 
concentration in the preamble to the NPRM, where the

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units ``parts per million'' were stated, rather than the correct 
``parts per hundred million.'' The agency agrees that this was an 
oversight, and notes that a change to the regulatory text is not 
needed, as the proposed text specified the correct units.

B. Hydraulic Brake Hoses

1. General Hydraulic Brake Hose Comments in Response to the NPRM
    In general, the commenters agreed with the agency's proposal to 
upgrade the hydraulic brake hose requirements in FMVSS No. 106 to those 
requirements in SAE J1401. In the NPRM, the agency proposed to keep all 
hydraulic brake hose requirements in one section, rather than creating 
separate categories of brake hoses for commercial vehicles and non-
commercial vehicles. Dana stated that it agrees with this position, and 
does not see this as burdensome to the industry as a whole, as most 
brake hose manufacturers and light vehicle original equipment 
manufacturers (OEM) requirements currently exceed the SAE 
specifications. Goodyear stated that it currently brands, tests, and 
certifies its brake hoses to both FMVSS No. 106 and SAE requirements.
    Parker/Atofina was the only commenter to oppose the upgrade in 
performance standards for all hydraulic brake hoses, stating that 
hydraulic brake hoses used on recreational boat trailers, motorcycles, 
all-terrain vehicles (ATVs), snowmobiles, and off-road tractors/
trailers and farm implements do not require the same level of severe 
service performance requirements. NHTSA notes that of the vehicle types 
listed by Parker/Atofina, the upgraded requirements would only apply to 
``motor vehicles,'' (i.e., boat trailers and on-road motorcycles). The 
other vehicle types are not ``motor vehicles'' regulated by NHTSA. 
Parker/Atofina also asserted that the FMVSS No. 106 upgrade for all 
hydraulic brake hoses is unnecessarily cost prohibitive, but provided 
no cost data for the agency to evaluate.
    NHTSA is not adopting Parker/Atofina's recommendation because NHTSA 
does not wish to create separate categories of hydraulic brake hose 
(e.g., ``commercial'' and ``non-commercial.'') To avoid brake system 
failures caused by brake hose ruptures, we believe there is a safety 
need for all motor vehicle brake hose to meet rigorous performance 
requirements.
2. Hydraulic Brake Hose Manufacturer Identification Requirements
    Parker/Atofina requested that the agency incorporate into FMVSS No. 
106 the full manufacturer identification requirements as provided in 
SAE J1401. Parker/Atofina states that the agency may not realize that 
hydraulic brake hoses as defined in SAE J1401 more clearly describe the 
performance, markings, and requirements for hydraulic brake hose 
compared with those currently existing in FMVSS No. 106.
    In response, NHTSA notes that the requirements for hose 
manufacturer identification in SAE J1401 are that the hose shall be 
either embossed or imprinted (three-dimensional) on the brake hose 
cover with the manufacturer's name, or employ the market yarn color 
scheme (Appendix A) as registered with the Rubber Manufacturers 
Association. In addition, the marker yarn color scheme or name 
trademark on the brake hose cover shall be registered with the SAE. SAE 
J1401 does not include any provision for a brake hose assembler to add 
identifying markings to the end fittings or by means of a band placed 
around the brake hose assembly; only requirements for the manufacturer 
of the brake hose material are specified.
    NHTSA further notes that the FMVSS No. 106 requirements for 
hydraulic brake hose manufacturer or assembler identification are 
specified in S5.2 Labeling. The brake hose manufacturer's designation 
(symbol, text, etc.) is registered with NHTSA and labeled on the 
outside of the hose. The brake hose assembler's designation is included 
on a band placed around the brake hose assembly, or may be stamped into 
an end fitting. Labeling exceptions are provided for brake hose 
assemblies included as part of a newly-manufactured vehicle. For these 
reasons, NHTSA determines that the current labeling requirements fully 
meet the agency's needs for identifying the manufacturers of brake hose 
or brake hose assemblers. Therefore, in this final rule, NHTSA will not 
require any additional labeling or manufacturer identification 
requirements for hydraulic brake hoses.
3. Expansion and Burst Strength (Volumetric Expansion) Test
    NPRM--The expansion test is conducted at test pressures of 1,000 
psi and 1,500 psi and is followed by a burst strength test. NHTSA 
proposed to add language to S5.3.2 specifying that after the hydraulic 
brake hose assembly withstands water pressure of 4,000 psi for two 
minutes without rupture, it must ``not rupture at less than 7,000 psi 
for 1/8 inch, 3 mm, or smaller diameter hose, or at less than 5,000 psi 
for a hose with a diameter larger than 1/8 inch or 3mm (S6.).''
    Public Comments and NHTSA Response--Goodyear indicated that in 
addition to the expansion test pressures of 1,000 psi and 1,500 psi, 
SAE J1401 includes a third test at a higher pressure of 2,900 psi, and 
recommended that it be added to FMVSS No. 106.
    In considering this issue, we note that it was an oversight not to 
include the third pressure in the NPRM. We did, however, explain that 
we were generally proposing to incorporate those SAE J1401 requirements 
that are more rigorous than FMVSS No. 106. We therefore believe it is 
reasonable to add this pressure for the final rule. We are therefore 
adding the third test at 2,900 psi to S5.3.2 and to Table 1.
    We note, however, that SAE J1401 does not include any expansion 
requirements for the larger, \1/4\ inch and 6 mm brake hose sizes that 
are included in FMVSS No. 106. Further, the agency is not able to 
extrapolate the existing values in FMVSS No. 106, Table 1, Maximum 
Expansion of Free Length Brake Hose, to determine what expansion limits 
would be appropriate for the larger brake hose sizes tested at the 
2,900 psi expansion test. We are therefore not including at this time 
expansion requirements for the larger brake hose sizes tested at the 
2,900 psi expansion test.
    Intertek stated that for the final burst strength requirement in 
the expansion and burst strength tests, the proposed regulatory text 
included a 7,000 psi burst strength for \1/8\ inch, 3 mm or smaller 
diameter brake hoses, and a 5,000 psi burst strength for \3/16\ inch, 4 
mm, or larger diameter brake hoses. Intertek noted that this does not 
include a defined specification for those brake hoses with diameters 
falling between \1/8\ inch and \3/16\ inch, or between 3 mm and 4 mm. 
To clarify this issue, in the final rule, the agency has changed the 
regulatory text to state that brake hoses with diameters greater than 
\1/8\ inch or 3 mm shall not rupture at less than 5,000 psi.
4. Tensile Strength
    NPRM--NHTSA proposed that the SAE J1401 fast-pull test and 370 
pound strength requirement be incorporated into FMVSS No. 106. The 
agency also proposed to update the ASTM reference for tension testing 
machines to the latest version of the standard practice.
    The agency notes that in the NPRM, the water absorption and tensile 
strength requirements were labeled as S5.3.5. However, S5.3.5 as 
currently specified in FMVSS No. 106 are the water absorption and burst 
strength

[[Page 76302]]

requirement test. In this final rule, NHTSA corrects the error. The 
water absorption and tensile strength requirements are at S5.3.6.
    Public Comment and NHTSA's Response--At S6.4 of FMVSS No. 106, the 
tensile strength test procedures are specified. ASTM commented that the 
latest version of ASTM standard E 4 Standard Practices for Force 
Verification of Testing Machines was E 4-02. In preparing this final 
rule, NHTSA determined that E 4 has been revised to E 4-03. NHTSA is 
therefore incorporating by reference ASTM standard E 4-03 into FMVSS 
No. 106 at S6.4.
5. Water Absorption and Pressure Test, Tensile Strength, and Whip 
Resistance
    NPRM--NHTSA did not propose any changes to the existing water 
absorption requirements of FMVSS No. 106 but did propose to incorporate 
SAE J1401's fast-pull test and 370-pound strength requirement into 
Standard No. 106's tensile strength test procedure. Accordingly, after 
being conditioned in water for 70 hours, hydraulic brake hose assembly 
would be required to meet these heightened tensile strength 
requirements.
    The agency stated that the immersion of the brake hose in water for 
70 hours as specified in S6.5 of FMVSS No. 106 is the same as that 
specified in SAE J1401. However, while the time specification of 70 
hours is the same, the preparation of the brake hose specimen and the 
water soak method are different between the two standards. The 
preparation in FMVSS No. 106 specifies removal of 1 \1/8\ inches of 
outer brake hose cover (if present) at the center of the brake hose, 
without damage to any reinforcing material. Brake hoses tested to SAE 
J1401 do not have any cutting of the hose. Another difference between 
SAE J1401 and FMVSS No. 106 is that FMVSS No. 106 specifies soaking the 
brake hose in distilled water at room temperature (75 degrees 
Fahrenheit) while J1401 specifies an elevated water temperature of 185 
degrees Fahrenheit.
    Public Comments and NHTSA Response--Intertek commented that water 
temperature is not a great factor regarding the degradation of brake 
hoses, but that removal of the outer cover may influence the test 
results because of the possibility of damage to the reinforcing braid 
when the cover is cut. Goodyear stated that the SAE J1401 procedure was 
developed to eliminate the potential of yarn damage that may occur when 
the outer cover of the brake hose is removed by cutting. Goodyear 
recommended that the water soak procedure in SAE J1401 be used in FMVSS 
No. 106. Dana noted the discrepancies in the two standards, and stated 
that it prefers the SAE procedure because it is easier for the 
technician to perform and has less risk of inadvertent damage to the 
brake hose. Further, Dana stated its belief that the results of the SAE 
J1401 and FMVSS No. 106 test methods are similar although the 
comparison data is about a decade old.
    NHTSA agrees with the commenters that by using the SAE J1401 water 
soak procedure, the likelihood of unintended damage to the brake hose 
during the process of removing the cover will be eliminated. Thus, in 
the final regulatory text, NHTSA adopts the water soak procedure in SAE 
J1401.
6. Low Temperature Resistance Test
    NPRM--NHTSA did not propose any changes in Standard No. 106's low 
temperature resistance requirements/procedures.
    Public Comments and NHTSA's Response--Dana and Goodyear stated that 
while FMVSS No. 106 specifies a temperature of minus 40 degrees 
Celsius, SAE J1401 specifies a lower temperature range of minus 45 
degrees Celsius to minus 48 degrees Celsius. Both Dana and Goodyear 
recommended the use of the lower test temperature as better reflecting 
the capabilities of the materials used in current day brake hoses.
    In the final rule, NHTSA adopts the lower temperature specification 
recommended by Dana and Goodyear and as provided in SAE J1401.
7. Brake Fluid Compatibility, Constriction, and Burst Strength
    NPRM--In the NPRM, NHTSA proposed to use the latest SAE reference 
RM brake fluid for the brake fluid compatibility test. Because the RM-
66-05 fluid has superseded the RM-66-03 fluid, NHTSA did not propose 
any change in the type of fluid specified for conditioning the hose. 
NHTSA proposed, however, to increase the conditioning temperature in 
FMVSS No. 106 to 248 degrees Fahrenheit.
    Public Comments and NHTSA's Responses--Goodyear indicated in its 
comments that the NPRM language regarding compatibility fluid was 
incorrect with respect to the version of the SAE compatibility fluid 
referenced in the existing FMVSS No. 106 and SAE J1401. NHTSA notes 
that SAE RM-66-04 is currently referenced in FMVSS No. 106, and SAE RM-
66-05 is referenced in SAE J1401 (June 2003). The agency correctly 
identified the compatibility fluid in the proposed regulatory text as 
SAE RM-66-05 and therefore will make no change in the final rule.
    Goodyear recommended that FMVSS No. 106 reference the latest or 
current SAE fluid and not cite the specific version (e.g., -04 or -05). 
NHTSA will not adopt this recommendation. NHTSA will maintain the 
current system of referencing a specific version of the compatibility 
fluid, and perform periodic rulemaking as new versions of the test 
fluid are developed. In this way, the public will have an opportunity 
to comment on new versions of the compatibility fluid before it is 
incorporated by reference into FMVSS No. 106.
8. End Fitting Corrosion Resistance
    NPRM--Instead of referencing either ASTM B117-64 or ASTM B 117 
Appendix B, both of which are outdated, NHTSA proposed to change the 
reference in FMVSS No. 106 to the most recent set of ASTM 
specifications for salt spray chambers, which are found in ASTM B117-
97. NHTSA did not propose any other changes to the end fitting 
corrosion resistance requirements/procedures in FMVSS No. 106.
    Public Comment and NHTSA Response--ASTM commented that the latest 
revision of ASTM standard B 117 Standard Practice for Operating Salt 
Spray (Fog) Apparatus is B 117-02. In preparing this final rule, the 
agency determined that B 117 has been revised to B 117-03, and is 
incorporating B 117-03 in FMVSS No. 106 at a new S6.11, End fitting 
corrosion test. There are no substantive differences between B 117-02 
and B 117-03.
9. High Temperature Impulse Test
    NPRM--NHTSA proposed incorporating the high temperature impulse 
test from SAE J1401 into FMVSS No. 106.
    Public Comment and NHTSA Response--Goodyear noted that in the 
NPRM's preamble, the text incorrectly stated that the impulse test is 
conducted in an air chamber at 259 degrees Fahrenheit, while the 
correct specification is 295 degrees Fahrenheit. No change is needed to 
the final rule regulatory text, as the correct temperature was 
specified in the NPRM's draft regulatory text.

C. Air Brake Hoses

1. Construction and Labeling
    NPRM--NHTSA proposed that plastic air brake tubing be regulated in 
its own section in FMVSS No. 106 since it differs significantly in 
construction and material properties from elastomeric

[[Page 76303]]

rubber hoses. Therefore, NHTSA proposed that any references to 
synthetic or natural elastomeric rubber be deleted from S7 
Requirements--Air brake hose, brake hose assemblies, and brake hose end 
fittings of FMVSS No. 106 since it will no longer be necessary to 
differentiate rubber hoses from plastic tubing in S7 and S8. The 
proposed text in the NPRM also removed references to ``outside diameter 
(OD)'' from S7 and S8 of FMVSS No. 106 since OD measurements are 
generally only applicable to tubing, which NHTSA proposed to address in 
the new section for plastic tubing.
    NHTSA also proposed to specify in S7.2.1(e) of FMVSS No. 106 the 
labeling scheme that is to be used for air brake hose that meets the 
dimensional requirements of more than one type of end fitting (A, AI, 
or AII). The proper labeling of such hose has been addressed in several 
of the agency's legal interpretation letters, and including this 
language in FMVSS No. 106 would serve to minimize confusion on this 
issue. The proposed text also stated that a hose intended for use with 
more than one type of end fitting may be labeled as such, but is not 
required to be so labeled. This provides flexibility for hose 
manufacturers to determine how they intend their hoses to be used, and 
would not require them to label hoses for multiple end fitting 
designations unless they so desire.
    Public Comments and NHTSA's Response--The SAE and Parker/Atofina 
stated that it is necessary to keep the references to synthetic or 
natural rubber in order to clearly indicate that the fittings intended 
for use with rubber air brake hose are not to be used with any type of 
plastic hose (which is similar to plastic tubing but is sized by inside 
diameter rather than outside diameter). Based upon the comments 
received, the agency determines that retaining the references to rubber 
provides beneficial information regarding the use of these brake hoses, 
and is retaining the existing FMVSS No. 106 language in the final rule.
    Comments from the SAE and Parker/Atofina describe the differences 
in the three types of air brake hose designated as Type A, Type AI, and 
Type AII. The SAE suggested notes for Table III describing the 
application of reusable and permanent crimped fittings to each type of 
hose. The SAE also recommended that the dimensional requirements for 
Type A hose for use with both reusable and permanent fittings be 
included in Table III. Parker/Atofina also recommended that the correct 
dimensions for Type A, AI, and AII hose be included in FMVSS No. 106, 
and that FMVSS No. 106 should conform to the specifications in SAE 
J1402 for these dimensions.
    Historically, NHTSA has declined to specify dimensions of end 
fittings, as there are too many different end fitting thicknesses and 
too many different types. NHTSA notes that the industry has 
standardized brake hose end fittings. Therefore, on the issue of 
dimensional requirements for air brake hose intended for use with 
permanently attached fittings, NHTSA has stated its belief in the May 
15, 2003 NPRM and in other rulemaking documents that it was not 
necessary to include those dimensional requirements in FMVSS No. 106. 
In the May 15, 2003 NPRM, NHTSA also stated that it believes that many 
of the brake hose assemblers are truck repair facilities that may be 
assembling brake hoses with permanently attached end fittings. It 
follows that these truck repair facilities must pay attention to the 
type of air brake hose being assembled, to ensure that the hose and end 
fitting are compatible. In the NPRM, NHTSA stated that it believes that 
air brake hose conforming to SAE J1402 is presently in use because of 
FMCSR requirements at 49 CFR 393.45.
    Regarding metric sizes of air brake hose, in the NPRM, NHTSA noted 
that dimensions for metric air brake hoses are not included in FMVSS 
No. 106, and solicited comments on the dimensions for metric air brake 
hose (for use with permanently attached, or reusable end fittings) that 
may be appropriate to include in FMVSS No. 106. Since it received no 
comments on this subject, NHTSA will not include metric air brake hoses 
in Table III.
    In the final rule, the agency is adopting the dimensional 
requirements for Type A air brake hose in Table III, as recommended by 
the SAE and Parker/Atofina, and is including the suggested notes for 
Table III. Table III's title, and its reference in S7.1, Construction, 
are changed to no longer reference ``reusable'' end fittings because, 
as the SAE indicates, the air brake hose in the table may be used with 
either reusable or permanent fittings. The agency concludes that it is 
also appropriate to slightly revise the regulatory text for S7.2.1(e) 
in Labeling to indicate that the markings on the air brake hose 
directly relate to its type as specified in Table III. As metric air 
brake hose is not included in Table III, the agency is specifying that 
it continue to be designated with the letter ``A.''
    NHTSA proposed in the brake hose labeling requirements in 
S7.2.1(e), a labeling provision for brake hoses manufactured for use 
with more than one type of end fitting, e.g., AI and AII. Upon further 
review and in light of the comments from the SAE and Parker/Atofina, 
NHTSA now believes that no such applications exist, because of the 
large differences in outside diameters between, for example, Type AI 
and Type AII brake hose. For these reasons, the multiple labeling 
provisions proposed in the NPRM are removed in the final rule.
2. High Temperature Resistance
    NPRM--The high temperature resistance test for air brake hose 
ensures that there are no cracks or disintegration due to proximity to 
high temperatures of vehicle components such as engines and 
transmissions. NHTSA proposed that FMVSS No. 106 adopt the smaller 
radii test cylinders from SAE J1402 and, for \1/8\ inch and 3 mm, 4 mm, 
and 5 mm hose, NHTSA proposed that the test cylinder radius of 1 inch 
as specified in SAE J1402 for \3/16\ inch hose also be used for these 
hose sizes. As currently indicated in Table IV of FMVSS No. 106, the 
larger metric sizes of hose (6 mm and above) numerically correspond 
closely to inch sizes of hose, for example, 6 mm (0.236 inch) is very 
close to \1/4\ inch (0.250 inch). Accordingly, NHTSA proposed to apply 
the test cylinder values from SAE J1402 to metric sizes of hose as 
currently specified in Table IV of FMVSS No. 106. As to SAE J1402's 
exclusion of fabric-covered air brake hose from the external inspection 
requirement, NHTSA disagreed that external inspection of such hose is 
impractical and, therefore, did not propose to incorporate SAE J1402's 
exclusion.
    Public Comments and NHTSA's Response--The SAE and Parker/Atofina 
provided similar comments regarding the proposed test cylinder radii 
that NHTSA raised in the NPRM. The test cylinder radii were proposed to 
be decreased from the current values in FMVSS No. 106, Table IV, to 
smaller values from SAE J1402, Table 4--Radius for High Temperature 
Resistance Test (small radius). For example, the test cylinder radius 
for a \3/8\-inch air brake hose in existing FMVSS No. 106 is 3\1/2\ 
inches while the test cylinder radius in SAE J1401 for the high 
temperature resistance test is 1\3/4\ inches, or one-half the size.
    The SAE and Parker/Atofina stated that SAE J1402 is going to be 
revised to remove the small radius test cylinders from the high 
temperature resistance test. However, in this final rule, the agency is 
making FMVSS No. 106 consistent with the current version of SAE J1402, 
but will be willing to

[[Page 76304]]

consider future alignments between the two standards in future 
rulemaking.
    The agency also notes that in the NPRM, the incorrect value of 3 
inches for the large test cylinder was specified for \3/8\ inch hose. 
NHTSA has corrected the value to 3\1/2\ inches in this final rule.
    NHTSA notes that in the NPRM, incorrect test cylinders were 
included in the proposed Table IV for the adhesion test of wire-
reinforced hose. The agency stated that the values from SAE J1402, 
Table 4, should be used (small radius), while in fact SAE J1402 
references the radii in Table 1 for this test (large radius). In the 
final rule, NHTSA retains the correct test cylinder values without 
change.
    Comments from the SAE and Parker/Atofina note that the \1/8\ inch 
size of air brake hose is not produced, therefore, the test cylinder 
specification for that size hose is not needed in Table IV of FMVSS No. 
106. The agency agrees and in the final rule, removes references to \1/
8\ inch size of air brake hose from Table IV.
    As currently stated in FMVSS No. 106, the required performance of a 
brake hose after being subjected to the test requirements in the high 
temperature test is that the brake hose shall not show external or 
internal cracks, charring, or disintegration visible without 
magnification. Under the high temperature resistance requirements in 
SAE J1402, the external surface of fabric-covered hoses is excluded 
from this inspection, stating that visual inspection is not practical. 
The agency proposed in the NPRM to keep the requirements in FMVSS No. 
106 for external inspection and not include the SAE J1402 exclusion. 
Both the SAE and Parker/Atofina commented that the SAE J1402 exclusion 
be kept in place. SAE commented that for hoses covered with a textile 
braid (fabric-covered), this braid does not show cracks from exposure 
to ozone nor does it crack due to the high temperature test.
    NHTSA does not understand the need to exclude external inspection 
of the hose if, as Parker/Atofina and the SAE comments indicate, those 
hoses with textile braid covering will not crack. The inspection is 
visual, and does not require special equipment or magnification, nor 
does it require removal of the fabric covering to inspect the hose 
beneath it. By having such an exclusion, conceivably, a fabric-covered 
brake hose that did show external cracks would be considered to have 
passed the test. NHTSA does not believe there is any reason to add the 
exclusion for external inspection. Further, the agency is specifying 
only the larger test cylinder sizes for this test, and this should 
further minimize the likelihood of failure compared to the requirements 
currently in SAE J1402.
3. Low Temperature Resistance
    NPRM--NHTSA proposed that the internal surface inspection of air 
brake hose, as specified in SAE J1402, be incorporated into FMVSS No. 
106. However, the agency did not propose to incorporate SAE J1402's 
exclusion of fabric-covered air brake hose from external inspection.
    Public Comments and NHTSA's Response--The SAE and Parker/Atofina 
commented that the \1/8\ inch size of brake hose does not need to be 
included in Table IV of FMVSS No. 106. NHTSA agrees and has removed the 
\1/8\ inch size of brake hose from Table IV in the final rule. Both SAE 
and Parker/Atofina also asked that the external inspection of the hose 
for cracks excluded fabric-covered hoses, but for the same reasons as 
described in the discussion on high temperature test requirements, 
NHTSA does not include this exemption in the final rule.
4. Ozone Resistance
    NPRM--Since NHTSA proposed that the ozone concentration for 
hydraulic brake hose be changed from 50 pphm to 100 pphm, NHTSA 
proposed to specify the higher ozone concentration (100 pphm) for air 
brake hose as well. The agency tentatively concluded it is appropriate 
to specify the same concentration of ozone for testing all types of 
brake hoses.
    Public Comments and NHTSA's Response--SAE, Parker/Atofina, and 
Goodyear correctly indicated that the proposed ozone concentration 
should be specified as 100 parts per hundred million, not by parts per 
million. The correct concentration (100 parts per hundred million) is 
specified in this final rule.
    NHTSA notes that in the NPRM, the ozone test for air brake hose was 
incorrectly identified as S8.14. A new section of FMVSS No. 106 for the 
ozone resistance test is not needed since the ozone test is already 
included in S8.4. In this final rule, the ozone test is correctly 
identified as S8.4. Thus, the constriction requirements that were 
proposed to be in S8.15 are now in S8.14.
5. Adhesion
    NPRM--NHTSA proposed to incorporate the SAE J1402 adhesion test for 
wire-reinforced air brake hose into FMVSS No. 106, with the exception 
of the steel ball sizes as discussed below. Also, to incorporate SAE 
J1402's specifications into FMVSS No. 106, NHTSA proposed that rather 
than specifying steel ball diameters for each hose size, the steel ball 
should be specified as having a diameter that is 75 percent of the 
nominal inside diameter of the hose. This would allow for testing of 
any and all sizes of hose.
    The agency also proposed to specify use of a plug gauge rather than 
a steel ball for constriction testing of other types of hose to which 
FMVSS No. 106 applies. For the adhesion test, however, it would not be 
possible to use a plug gauge because the hose is closed off at both 
ends during the test. Accordingly, NHTSA proposed to specify the use of 
a steel ball to test air brake hose for adhesion. Finally, the agency 
proposed to update the ASTM tension testing machine reference in S8.9 
from the 1964 version currently in FMVSS No. 106 to the latest revision 
of that standard, Standard Practices for Force Verification of Testing 
Machines, Designation E4-99.
    Public Comments and NHTSA's Response--The SAE and Parker/Atofina 
commented that they prefer the 73 percent of nominal inside diameter 
specification, which would allow the use of standard size test balls. 
Also, the size difference between a 73 and 75 percent ball size is 
small (0.008 inches for a \13/32\-inch brake hose). NHTSA agrees that 
the difference is not significant and adopts the 73 percent requirement 
in the final rule.
    NHTSA also notes that the incorrect test cylinder radii were 
proposed for the adhesion test of wire-reinforced air brake hose. The 
small test cylinders from SAE J1402 Table 4 were proposed in the NPRM, 
but the correct radii from SAE J1402 Table 1 are included in this final 
rule.
6. Air Pressure (Leakage)
    NPRM--The SAE J1402 specifications for hose leakage are more severe 
than those presently in FMVSS No. 106. NHTSA proposed incorporating the 
flexure/pressure test from SAE J1402 into FMVSS No. 106, with some 
modifications. NHTSA noted that the test procedure in SAE J1402 
includes tolerances on the pressure requirements for determining 
whether the hose leakage rate is acceptable upon completion of the 
flexure test. The agency described how, if these tolerances were 
applied in various manners, it may not be possible to determine the 
pass/fail performance of a brake hose during a test.
    Therefore, in the NPRM, we proposed an alternative, to modify the 
requirements to ensure there would be a pass or fail criterion. NHTSA 
also proposed to modify SAE J1402's test

[[Page 76305]]

procedures by specifying the thickness of the orifice during the final 
leak check. The thickness of the orifice, and not only the diameter of 
the orifice, affects the rate at which air can be supplied to the hose. 
The rate at which air is supplied to the hose would be critical if a 
small amount of hose leakage is present during the final leakage test. 
NHTSA proposed specifying an orifice thickness of 0.032 inches (\1/32\ 
inch), which is the same thickness specified for the orifice in FMVSS 
No. 121 at S5.3.5, Control signal pressure differential for converter 
dollies and trailers designed to tow another vehicle equipped with air 
brakes. NHTSA tentatively concluded that this proposed orifice 
dimension would supply air at a greater rate than any thicker orifice 
while still providing sufficient mechanical strength to withstand the 
test conditions.
    The agency proposed to adopt the lowest test pressure (140 psi) in 
the brake hose during the leakage test from the range provided in SAE 
J1402 (140 to 160 psi). The applied supply pressure to a restrictive 
orifice was proposed to be at the midpoint of the pressure range, 150 
psi. Thus, the supply pressure exceeds the required pressure that is to 
be maintained in the brake hose, allowing a small amount of leakage to 
be present, but not permitting excessive leakage to be present.
    Public Comments and NHTSA's Responses--The SAE and Parker/Atofina 
both stated that the agency is proposing to change the SAE test, 
creating a new requirement. The commenters stated that it does not 
reflect good test methodology to require 150 psi supply pressure with 
no tolerance, or 140 psi with no tolerance in the brake hose within the 
two minute period. However, neither commenter recommended an 
alternative to NHTSA's proposal, other than to adopt the exact 
procedure in SAE J1402. Both commenters stated that the agency's 
proposal to adopt a thickness requirement for the orifice has some 
technical value.
    While the agency has considered the comments, the commenters did 
not provide recommendations as to test pressures that the agency could 
adopt in the final rule. The agency believes that by specifying the 
minimum required pressure of 140 psi in the brake hose, while supplying 
air at the mid-point pressure of 150 psi through an orifice of minimal 
thickness that is least restrictive to air flow, a reasonable balance 
in test conditions is achieved. Therefore, NHTSA is making final the 
air pressure (leakage) test that it proposed in the NPRM.
    NHTSA believes that measuring the leakage using a mass flow meter, 
as is done for test leaks of plastic air brake tubing, may be 
preferable to the method in this final rule. NHTSA may consider raising 
this issue in a future rulemaking.
7. Tensile Strength
    NPRM--As currently in effect, FMVSS No. 106 includes different 
tensile strength requirements for air brake hoses if those hoses are 
used: (a) Between the vehicle frame and axle, or between a towing and 
towed unit; or (b) in any other application. The tensile strength 
requirements for brake hose assemblies in the former case are 
significantly higher than those requirements in the latter case. 
Because the agency proposed separate requirements for plastic tubing in 
a new section of FMVSS No. 106, NHTSA proposed to delete the lower 
tensile strength limits for hoses that are used for purposes other than 
connections between a frame and axle or between a towed and towing 
unit, and require the higher tensile strength requirements for all 
brake hoses. SAE J1402 only includes the higher tensile strength 
requirements.
    The agency proposed that all rubber brake hoses meet the 
requirements for a hose that is used between a frame and an axle or 
between a towed and a towing unit. NHTSA tentatively concluded that 
rubber hoses are no longer used extensively for other purposes on heavy 
vehicles, as plastic tubing is used for most chassis plumbing of air 
systems. NHTSA tentatively concluded that these rubber hoses are of 
sufficient diameter to have the mechanical strength to meet the higher, 
frame-to-axle tensile strength requirements. NHTSA also solicited 
comments on any alternate tensile strength requirements that might be 
appropriate for rubber hoses.
    Public Comments and NHTSA's Response--The SAE recommended that the 
SAE J1402 tensile strength testing be adopted. SAE did not elaborate on 
its recommendation. Parker/Atofina recommended keeping the current 
FMVSS No. 106 requirements with the high and low tensile strength 
requirements depending on application of the hose assembly. Parker/
Atofina stated that the lower tensile strength requirements are still 
used in applications other than connections between a towed and a 
towing unit, and to raise these requirements to the higher tensile 
strength would add significantly to hose cost. No cost data was 
provided for the agency to evaluate.
    In evaluating the tensile strength test requirements, NHTSA notes 
that it proposed different tensile strength requirements for plastic 
air brake tubing depending on the application of the product (e.g., 
between towing and towed unit, or in chassis plumbing applications), 
based on the current tensile strength requirements for air brake hoses 
in S7.3.10 of FMVSS No. 106. The reason for the different strength 
requirements is to accommodate different styles of end fittings. Thus, 
the end fittings for a brake hose or plastic tubing used between a 
towing and towed vehicle provide the highest tensile strength possible 
to prevent separation of the end fittings. In other applications, such 
as chassis plumbing, lower tensile strength requirements apply that 
permit the use of fittings designed for ease of assembly on chassis 
plumbing (such as push-to-connect fittings used with plastic tubing).
    NHTSA did not believe that air brake hose is for chassis plumbing 
(having been replaced by plastic tubing) and therefore proposed to 
delete the lower tensile strength requirements for this type of brake 
hose. Parker/Atofina however, states that this is not the case, and the 
agency believes that Parker/Atofina is referring to the higher cost of 
high-strength end fittings and/or the longer assembly time required for 
these fittings. Therefore, in this final rule, the agency is not 
deleting the lower tensile strength requirements for end fitting 
retention for air brake hose, to avoid changes to vehicle manufacturing 
in situations where this type of air brake hose is used for chassis 
plumbing. The end fitting tensile strength requirements will therefore 
be similar for air brake hose and plastic air brake tubing.
8. Minimum Bend Radius
    NPRM--NHTSA tentatively concluded it would not be appropriate to 
add SAE J1402 requirements for minimum bend radius to FMVSS No. 106 
because FMVSS No. 106 regulates the properties of brake hoses as stand-
alone motor vehicle equipment rather than use requirements. NHTSA did 
not propose to include a reference to the minimum bend radii from Table 
1 in SAE J1402 as the minimum installation bend radii for brake hose as 
installed on vehicles.
    Public Comments and NHTSA's Response--Both the SAE and Parker/
Atofina asked that the minimum bend radii from Table 1 in SAE J1402 as 
the minimum installation bend radii for brake hose installed on 
vehicles be included to benefit users (installers) of the brake hose. 
The agency notes that in Section 3.3.1 of J1402, smaller installation 
radii may be appropriate for

[[Page 76306]]

some brake hoses. Therefore, in the final rule, NHTSA is not specifying 
installation bend radii. NHTSA believes individual brake hose 
manufacturers are in the best position to determine minimum bend radii 
for hose to be installed in motor vehicles.

D. Vacuum Brake Hoses

1. Swell (Fuel Resistance)
    NPRM--NHTSA proposed that Reference Fuel B as specified in SAE 
J1403 be used for the swell test in FMVSS No. 106. NHTSA also proposed 
that the plug gauge method (in lieu of the steel drop-ball method) be 
kept in place in TP-106 for swell testing of vacuum brake hoses.
    NHTSA proposed that the specifications of FMVSS No. 106 and SAE 
J1403 be combined as follows. Following the fuel conditioning using 
Reference Fuel B and the constriction test, each vacuum hose would be 
subjected to a vacuum of 26 inches of Hg for ten minutes, with no 
visible collapse or leakage of the hose permitted (as currently 
specified by FMVSS No. 106). Then, for hoses constructed of two layers 
or more, a layer adhesion test would be conducted with a specified 
performance of 8 pounds-per-inch minimum separation force (as specified 
by SAE J1403). NHTSA proposed that this adhesion test only be applied 
to multi-layer hoses for two reasons. First, the agency tentatively 
concluded that single layer hose cannot be tested easily. Second, NHTSA 
tentatively concluded that single layer hose that have lost mechanical 
integrity would not be able to pass the visual collapse or no leakage 
specification during the vacuum test and, as such, failure would 
already be detected prior to completion of the vacuum test.
    NHTSA also proposed to update the ASTM test procedure referenced in 
S10.7 for the swell test to the current revision, D471-98e1.
    Public Comments and NHTSA's Response--Goodyear supported the 
current SAE J1403 test sequence consisting of fuel soak, restriction 
(constriction) ball test, vacuum collapse test, and layer adhesion test 
with a minimum separation strength of 6 pounds per inch. Goodyear 
commented that the agency's proposed plug gauge for constriction 
testing, shown as Figure 4, has only three inches of length and would 
not be able to pass through a test sample of vacuum hose that is 12 
inches in length. Further, the vacuum brake hose may have some 
curvature that would not permit a straight gauge to pass through it. 
For these reasons, Goodyear recommended that a rolling ball be used to 
verify the internal dimensions of vacuum brake hose during the swell 
test.
    In responding, the agency begins by noting that pre-formed vacuum 
brake hoses would have significant curvature molded into them, and 
standard vacuum brake hose may also have some natural curvature as 
described by Goodyear. NHTSA also notes that in the existing and 
proposed FMVSS No. 106 regulatory text, the method of verifying the 
inside diameter of the vacuum brake hose is not provided. As noted in 
the NPRM, the method is identified as a plug gauge in the agency's 
current test procedure, TP-106. For the final rule, the agency has 
decided to provide the option of using a drop ball for both 
constriction tests and verification of the inside diameter during the 
swell test, and to also permit the use of a standard plug gauge or an 
extended length plug gauge. The fact that several options are provided 
to brake hose manufacturers is consistent with constriction testing for 
other types of brake hoses in FMVSS No. 106, where more than one method 
may be employed (by NHTSA and brake hose manufacturers) due to the 
variety of end fitting designs that may preclude the use of the plug 
gauge. In this final rule, NHTSA is incorporating into FMVSS No. 106 
the three constriction test methods to be used in the swell test.
    In the NPRM, NHTSA proposed an adhesion strength test requirement 
of 8 pounds per inch. Goodyear stated that the value should be 6 pounds 
per inch, as stated in SAE J1403. The correct value of 6 pounds per 
inch adhesion strength requirement is in this final rule.

E. Plastic Air Brake Tubing

1. General Comments
    In the NPRM, NHTSA stated that plastic air brake tubing is 
generally manufactured from nylon but the generic term, ``plastic'' is 
used to account for other types of plastic that may be used for air 
brake tubing. The comments on the proposal for requirements for plastic 
air brake tubing, plastic air brake tubing assemblies, and plastic air 
brake tubing end fittings fell into two groups: (a) Manufacturers 
currently manufacturing air brake tubing from polyamide (nylon) 
requesting that this material specification be included in FMVSS No. 
106; and (b) manufacturers that may be considering manufacturing air 
brake tubing from materials other than nylon, that did not support 
including this material specification (plastic) in FMVSS No. 106.
    Parker/Atofina stated that by not including additional material 
property tests into FMVSS No. 106, there would be insufficient 
safeguards for the performance of alternate tubing made from unproven 
and unspecified polymers that would create a significant product design 
risk. It also stated that the material specification of generic nylon 
is not design restrictive, but offers thermoplastic tubing 
manufacturers great latitude in product design options.
    SMC stated that not including the material specification in FMVSS 
No. 106 leads to an issue that is being addressed in the SAE committee 
that is responsible for SAE J2547, Alternate Nonmetallic Air Brake 
System Tubing. Namely, the test should be application specific and not 
a material validation test like the burst pressure test in SAE J844. 
Different tube material may affect the retention of the tubing in the 
fitting per the SAE J1131 requirements. Until further evaluation is 
conducted on the new tubing materials with all fitting supplied in the 
industry, leaving the material open to the tubing manufacturers' 
discretion may lead to problems with the tube connection.
    HPP stated that SAE J844 takes into account that the materials are 
polyamides. To exclude this requirement, additional tests would need to 
be introduced to ensure that long-term properties of tubing made from 
other materials meet the in-use requirements. HPP cited, for example, 
that there is no requirement for a high-temperature burst test at 
elevated pressures, while polyamides are known to possess the long-term 
properties for this requirement.
    DuPont stated that the agency correctly points out in the NPRM that 
a material and construction specification is design restrictive. It 
notes that while polyamides used under SAE J844 have performed with an 
admirable safety record, it has a negative impact on innovation and 
commerce. DuPont also encouraged the elimination of any reference to 
specific types of construction, specifically regarding Type A 
(unreinforced) and Type B (reinforced) tubing. DuPont stated that any 
style of construction that passes the rigorous test procedures and 
dimensional requirements set forth in the proposal should be 
permissible.
    In this final rule, NHTSA has decided to keep the generic 
terminology of plastic air brake tubing, rather than adopt the 
specification for nylon (polyamide) material. Regarding concerns that 
materials other than nylon might be inferior when used in air brake 
tubing, NHTSA notes that it proposed 24 performance test requirements

[[Page 76307]]

(proposed S11.3.1 through proposed S11.3.24), and is adopting twenty-
two of those requirements in the final rule. NHTSA believes that these 
extensive requirements will ensure that alternative air brake tubing 
materials are subjected to rigorous testing to provide safe service in 
air brake systems.
    HPP stated that if the requirements in SAE J844 are performed on 
air brake tubing made from materials other than nylon, additional tests 
might be appropriate, such as a high-temperature burst test. However, 
HPP did not provide any test parameters that the agency could evaluate. 
NHTSA notes in the section below that high-temperature conditioning 
requirements for plastic air brake tubing have been included for 
adoption in FMVSS No. 106.
    With regard to the agency's statements in the NPRM that air brake 
tubing must be either Type A, single layer, unreinforced construction, 
or Type B, two layer, reinforced construction, the agency has reviewed 
the comments on this subject and has decided not to adopt these 
requirements in the final rule. Additional details that formed the 
agency's decision on this subject are included in the sections below.
2. Construction
    NPRM--The NPRM solicited comments on whether air brake tubing 
should be designated as Type A--a non-reinforced, single-layer tubing 
(designated for small diameter tubing in SAE J844), or as Type B--
constructed from two layers of material with a reinforcing braid at the 
interface of the two layers (designated for large diameter tubing in 
SAE J844).
    Public Comments and NHTSA's Response--SMC cited the SAE J2547 as a 
standard currently in draft that will not restrict the tubing to have 
either a single wall or two walls with a reinforcement braid, but SMC 
did not provide any additional details on the SAE effort that the 
agency could consider regarding the final rule. SMC stated that Europe 
is currently using single wall tubing for all sizes used in the 
trucking industry. SGPPL proposed that if references to nylon are not 
included for air brake tubing, one solution would be to also eliminate 
references to reinforced, unreinforced, and single- or multi-layer 
tubing construction, but retain dimensional values including inside 
diameter, outside diameter and/or wall thickness.
    HPP stated that single layer tubing with an outside diameter of 10, 
12 and 16 millimeters, or \3/8\, \1/2\, \5/8\ and \3/4\ inches, can 
meet SAE J844 requirements and should be permitted in FMVSS No. 106. 
HPP stated that from technical and safety standpoints, there is no need 
for reinforced tubing for the larger diameter applications.
    As earlier noted, DuPont believed that there was no need to include 
references to specific types of construction in FMVSS No. 106, because 
any style of construction that passes the rigorous test procedures and 
dimensional requirements as described in the NPRM should be 
permissible.
    The agency agrees with the comments from SMC, SGPPL, HPP, and 
DuPont that construction and reinforcement requirements do not need to 
be included in FMVSS No. 106. NHTSA believes that the safety of plastic 
air brake tubing will be ensured by the 22 tests specified in this 
final rule.
    Parker/Atofina stated that the NHTSA proposal not to include the 
construction and material specifications for Type A and Type B tubing 
as specified in SAE J844 is inappropriate and potentially unsafe to 
users. It stated that by not including additional material property 
tests into FMVSS No. 106 to safeguard the performance of alternate 
tubing made from unproven and unspecified polymers creates a 
significant product design risk. It suggested including test 
requirements for battery acid resistance, high temperature burst, high 
temperature heat aging, and moisture absorption to help prevent the use 
of unsuitable materials. HPP made similar comments regarding the need 
for additional tests such as an elevated temperature burst test if 
nylon is not specified as the tubing material. HPP stated that air 
brake tubing can be exposed to temperatures in the 80 to 100 degree 
Celsius (176 to 212 degrees Fahrenheit) range.
    NHTSA notes that the NPRM proposed to amend FMVSS No. 106 by 
including, for plastic air brake tubing, tests for moisture absorption, 
high temperature resistance, high temperature conditioning with low 
temperature impact resistance, boiling water conditioning with low 
temperature impact resistance, and high temperature conditioning and 
collapse resistance. All of these test requirements have been 
incorporated into the final rule. Parker/Atofina did not identify the 
parameters of the suggested battery resistance test, nor did they 
indicate why the test conditions proposed in NPRM involving, for 
example, high temperature conditioning of plastic air brake tubing, are 
insufficient for materials other than nylon. HPP indicated that 
temperatures up to 100 degrees Celsius (212 degrees Fahrenheit) can be 
experienced by plastic air brake tubing in use, and the agency has 
included high temperature conditioning tests for tubing in the 100 to 
110 degrees Celsius (212 to 230 degrees Fahrenheit) temperature range.
    NHTSA believes that the extensive series of test requirements that 
it is adopting in the final rule will be sufficient to ensure the safe 
performance of plastic air brake tubing made from materials other than 
nylon, and, as discussed in the section below on zinc chloride and 
methyl alcohol resistance, the agency may consider additional chemical 
resistance tests for plastic air brake tubing in the future. For 
example, DuPont cited the use of copolyester elastomer in air brake 
tubing. Therefore, in this final rule, the agency is not specifying 
that air brake tubing must be manufactured from nylon.
    NHTSA believes that although materials other than nylon, possibly 
constructed as unreinforced, single-layer tubing, have been developed 
and used (for example, in Europe), it does not automatically mean that 
these other materials or constructions (such as alternate plastic/non-
nylon tubing) can be applied to FMVVSS No. 106 without careful 
consideration. One of the main purposes of the agency's undertaking 
rulemaking on FMVSS No. 106 is to implement dimensional specifications 
for air brake tubing that currently do not exist in the standard, to 
preclude the sale or use of tubing that is not compatible with existing 
SAE J844 (or SAE J1394) tubing and end fittings used extensively in the 
United States. Alternate air brake tubing products that are developed 
will have to meet the extensive performance requirements for air brake 
tubing that are included in this final rule, and will also have to do 
so within the dimensional specifications that are also being adopted. 
NHTSA does not expect that inferior products of any type or size will 
meet these extensive requirements.
3. Labeling
    NPRM--NHTSA proposed to require air brake tubing to be labeled with 
the manufacturer identifying information at intervals of not more than 
6 inches, from the end of one legend to the beginning of the next. This 
represented no change from the FMVSS No. 106 labeling method already 
specified for brake tubing.
    Public Comments and NHTSA's Response--Parker/Atofina commented that 
based on their experience, the vast majority of plastic air brake 
tubing assembly lengths are greater than 15 inches. The tubing would be 
sufficiently marked for product tracking if the text marking repeat 
interval is not more than 15 inches. NHTSA believes that to facilitate 
identification of the hose

[[Page 76308]]

manufacturer, all brake hoses must be labeled to identify the 
manufacturer. To increase the labeling interval to 15 inches may 
increase the likelihood that a particular brake hose may not include 
the labeling information. Therefore, NHTSA will not adopt the 
suggestion of a 15-inch repeat interval for brake hose labeling.
    Parker/Atofina commented that the agency's proposal is too 
restrictive on manufacturers in order to maintain complete marking 
context and text liability on small diameter plastic tubing. 
Presumably, Parker/Atofina is referring to the requirement that the 
height of the labeling information be at least one-eighth of an inch. 
NHTSA notes the one-eighth inch height requirement has been in FMVSS 
No. 106 for many years. Further, Parker/Atofina did not suggest an 
appropriate lettering height for small diameters of air brake tubing. 
NHTSA is not changing the lettering height requirements in this final 
rule.
4. Dimensions and Tolerances
    NPRM--NHTSA proposed to incorporate into FMVSS No. 106 the 
dimension and tolerance requirements contained in SAE J844, and also 
SAE J1394 covering metric sizes of tubing, as Table VII of FMVSS No. 
106.
    Public Comments and NHTSA's Response--Parker/Atofina provided 
several recommendations for changes to Table VII, stating that for 
example, the tolerance for wall thickness should be similar for metric 
tubing that is close in size to that of an inch-sized tubing. The 
recommended changes are for the dimensional specifications of 10, 12, 
and 16 millimeter brake tubing. Parker/Atofina stated that these 
revisions are currently in process by the SAE under project S4-J844-01-
01. The agency has reviewed the recommended changes and notes in 
general that they serve to tighten the tolerances, compared to the 
values published in the NPRM. The agency is adopting Parker/Atofina's 
recommended changes.
    Parker/Atofina also noted that in Table VII, the outside diameter 
of the 3/8-inch brake tubing is specified as 9.69 millimeters, but the 
value should be 9.63 millimeters (as it appears in SAE J844). The 
agency notes this correction and includes it in the final rule.
5. One Hundred Percent Leak Test
    NPRM--NHTSA did not propose to incorporate the requirement in SAE 
J844 that requires tubing manufacturers to subject all air brake tubing 
to a 200-psi leak test. The agency stated its belief that this is a 
quality control test and not a measure appropriate to include in FMVSS 
No. 106.
    Public Comments and NHTSA's Response--Parker/Atofina commented that 
it believes that unless this requirement is mandated in FMVSS No. 106, 
manufacturers will not continue to perform the current quality 
inspections and controls, since the procedures represent added cost and 
require additional resources. NHTSA does not agree with this view. 
Manufacturers are required to take whatever steps are necessary to 
ensure that all of their plastic air brake tubing meets the full burst 
strength requirements in the standard ranging from 800 to 1,400 psi. 
NHTSA sees no additional safety need is met by requiring a 200 psi leak 
test in addition to a full strength burst test.
6. Burst Test
    NPRM--NHTSA noted that in the existing FMVSS No. 106 test 
procedures, water is specified as a test medium, but that SAE J844 does 
not specify a medium. NHTSA considered air to be the more appropriate 
test medium for plastic air brake tubing rather than water. NHTSA 
proposed changing the burst strength requirements in FMVSS No. 106 to 
the higher values in SAE J844, and specifying air as the test medium 
rather than water. NHTSA proposed that the pressure in the tubing be 
increased in a period of 5 seconds because using the range of 3 to 15 
seconds in SAE J844 would specify testing at both 3 and 15 seconds and 
therefore would be too broad of a specification for use in FMVSS No. 
106.
    Public Comments and NHTSA's Response--HPP, SMC, Parker/Atofina and 
SGPPL all recommended water (HPP recommended water or oil) as the 
preferred test medium because of concerns for the safety for the person 
conducting the test and cost factors. After considering this concern, 
NHTSA has decided to specify water as a test medium in all burst tests 
in this final rule, except for one test where oil is specified due to 
very low test temperatures.
    SGPPL believes that FMVSS No. 106 should include a provision to 
prevent any conditioning of the air brake tubing sample prior to 
testing. SGPPL stated that polyamide material is hygroscopic and over 
time, will absorb water that will decrease the burst strength of the 
tubing. SGPPL recommended that the samples of tubing for the burst test 
be conducted on tubing as it is extruded from the production line.
    NHTSA does not agree that samples of tubing should be tested to 
burst strength requirement only at the point of production. Typically, 
the agency or test laboratories contracted to do testing for the agency 
will purchase samples of brake hose at a retail point of sale and those 
samples are required to meet the requirements in FMVSS No. 106. This is 
also reflective of the condition of brake hose when it is sold to and 
used by the public. The agency notes that this may require some 
diligence by the brake hose manufacturer to ensure that the 
manufacturer's distribution methods do not permit excessive degradation 
of brake hose products between manufacture and retail sale. NHTSA 
retains the existing FMVSS No. 106 requirement under S11 Test 
conditions (S13 in the NPRM) that brake hoses and brake hose assemblies 
must be at least 24 hours old, and unused.
    In the NPRM, NHTSA proposed to apply the test pressure in the brake 
tubing in 5 seconds during a burst test, instead of within the range of 
3 to 15 seconds as specified in SAE J844. NHTSA stated that if it were 
to adopt such a range, when NHTSA conducts the testing, the brake 
tubing would be required to meet the burst test at 3 seconds, at 15 
seconds, and at any point in between 3 and 15 seconds. NHTSA stated 
that the specification ``would be too broad of a specification for use 
in FMVSS No. 106.'' (See May 15, 2003 NPRM at page 26,398.) SGPPL 
stated that it does not exactly understand the agency's reasoning, but 
finds a range of 10 to 12 seconds to yield reliable, consistent 
results. SMC stated that instead of a timing requirement, a fixed flow 
rate should be specified rather than a time constraint, so that 
variable flow rates would not have to be used. However, SMC did not 
provide any details on what a suitable flow rate might be. Parker/
Atofina stated that thermoplastic tubing possesses strain rate 
dependent properties such that if a tubing burst pressure is achieved 
under 3 seconds, a higher burst strength without failure can be 
achieved. It further stated that there is no one standard burst test 
apparatus that manufacturers could use, and specifying an exact 5 
second timing requirement would require most costly and higher 
precision test equipment.
    NHTSA believes that based on the comments, it may be difficult to 
achieve the 5-second timing with the existing test equipment in use. 
The agency notes that in the case of the burst strength test for a 
hydraulic brake hose as specified in FMVSS No. 106 at S6.2, the 
pressure in the brake hose is increased at a constant rate of 15,000 
psi per minute. The precedent here is that a constant pressure increase 
rate is specified. Due to the costs and difficulty of achieving

[[Page 76309]]

the 5-second timing, in this final rule, NHTSA is going from a time 
increment to a pressure rate specification, as follows.
    The burst strength pressures proposed for plastic air brake tubing 
are specified in Table VIII, and the specified burst strength pressures 
range from a low of 800 psi for \3/4\3/4 -inch outside diameter tubing, 
to a high of 1,400 psi for 3/8-inch outside diameter tubing. To achieve 
an 800 psi pressure in 15 seconds, the application rate would be 3,200 
psi per minute. To achieve a 1,400 psi pressure in 15 seconds, the 
application rate would be 5,600 psi per minute. NHTSA agrees with 
Parker/Atofina's comment that faster pressure application rates can 
affect the outcome of the test results. Therefore, in the final rule, 
the agency is adopting a test pressure application rate of 3,000 psi 
per minute (3,200 psi per minute rounded down to 3,000 psi). The test 
pressure application rate of 3,000 psi per minute is consistent with 
SMC's stated preference for a fixed flow rate, and should not result in 
manufacturers' having to purchase new test equipment, as 3,000 psi per 
minute is a relatively slow pressure increase rate.
7. Moisture Absorption
    NPRM--NHTSA proposed incorporating the moisture absorption 
specification from SAE J844 into FMVSS No. 106. SAE J844 specifies a 
sample of air brake tubing is conditioned in a humidity chamber for 100 
hours, and the required performance is that the sample cannot exceed a 
two percent weight gain of absorbed moisture.
    Public Comments and NHTSA's Response--SGPPL stated that it believes 
the moisture absorption test is designed around polyamide (nylon) 
material and is design restrictive. SGPPL stated that the moisture 
absorption test is not performance-based and does not indicate failure. 
SGPPL also believed that the heat aging test, cold impact test, boiling 
water stabilization and burst tests would be satisfactory for 
evaluating the effects of moisture exposure on the properties of 
tubing. DuPont stated that although it has no objections to the 
moisture absorption test, it believed that it may be redundant to both 
the heat aged burst pressure test and the dimensional specifications 
test (boiling water conditioning and dimensional stability).
    Based on the information it received, NHTSA does not agree that 
this proposed requirement is design restrictive in favor of nylon 
tubing. NHTSA agrees, however, that as SGPPL states, failure of the 
moisture absorption test (excessive weight gain) does not directly 
indicate that the tubing has failed (e.g., ruptured). In its prior 
comments regarding burst strength testing, SGPPL indicated that 
moisture absorption can affect burst strength. While DuPont believes 
that the moisture absorption test is redundant to other proposed test 
requirements, NHTSA notes that these tests involve soaking the tubing 
in boiling water for 2 hours, whereas the moisture absorption test 
involves a humidity soak of 100 hours. The outcome of these soakings 
would be affected if there were a difference in the water or moisture 
absorption rate of different materials.
    NHTSA notes that in FMVSS No. 106 for hydraulic brakes, there are 
three performance requirements for hydraulic brake hose related to 
water absorption. After the hose is immersed in hot water for 70 hours 
(as specified in this final rule), brake hoses must pass a burst 
strength test, a tensile strength test, and a whip resistance test 
(separate tests, not conducted on the same hose).
    If a sample of plastic air brake tubing were to fail the proposed 
moisture absorption test, the agency would then be able to show how 
that failure relates to a lessening of motor vehicle safety. If the 
agency could demonstrate a corresponding reduction in one or more 
mechanical properties of the tubing, NHTSA would be better able to 
demonstrate a relationship to motor vehicle safety. Therefore, in this 
final rule, NHTSA adopts a burst pressure strength requirement, rather 
than a weight gain limit, as the required performance criteria for this 
test requirement. NHTSA is using the same burst pressure requirement as 
for other tests that involve conditioning of the tubing, which is 80 
percent of the burst strength in Table VIII.
8. Ultraviolet Resistance
    NPRM--NHTSA tentatively concluded that the plastic material used in 
nylon air brake tubing is significantly different from the materials 
used in rubber air brake hoses, and that plastic is susceptible to 
deterioration that can cause embrittlement due to exposure to 
ultraviolet light. NHTSA proposed to incorporate SAE J844's ultraviolet 
resistance test into FMVSS No. 106. SAE J844 includes an ultraviolet 
(UV) resistance test using an accelerated weathering device specified 
as the Q-Panel QUV test apparatus equipped with Phillips lamps, type 
UVS-340. NHTSA did not refer to any brand name of equipment in the 
proposed regulatory text of FMVSS No. 106. Presumably this test 
equipment, except for the special UV lamps, can be custom manufactured 
or purchased from a company such as Q-Panel.
    The agency proposed to reference the apparatus specified in ASTM 
G154-00, Standard Practice for Operating Fluorescent Light Apparatus 
for UV Exposure of Nonmetallic Materials, rather than the one specified 
in ASTM G53 because ASTM G154-00 is an updated version of ASTM G53. 
NHTSA also proposed to reference two additional ASTM standards: ASTM 
D4329-99, Standard Practice for Fluorescent UV Exposure of Plastics, 
which is currently referenced in SAE J844, and ASTM G151-97, Standard 
Practice for Exposing Nonmetallic Materials in Accelerated Test Devices 
that Use Laboratory Light Sources, which is not currently referenced in 
SAE J844, but may provide useful guidance for conducting UV testing.
    Public Comments and NHTSA's Response--SMC stated that the cost of 
purchasing a new system and performing the validation test on all sizes 
and configurations will need to be considered. SMC did not specify 
whether it has an older system that would need to be updated, or 
whether it has UV testing equipment. Parker/Atofina stated that the 
agency's proposal to require ASTM G-154-00 equipment will mandate that 
manufacturers will have to purchase a Q-Panel test apparatus with the 
Solar Eye irradiance measurement device. Parker/Atofina stated that 
this optional measurement device is not significantly relevant to the 
outcome or testing procedures required in the UV test for plastic 
tubing. Parker/Atofina stated that the alternate procedures in ASTM G53 
and in SAE J844 are sufficient to display compliance with the current 
SAE J844 specification.
    NHTSA disagrees that manufacturers will have to purchase new 
equipment that has the automatic irradiance control device. The 
requirement for the automatic irradiance control device is added to 
FMVSS No. 106 because the agency believes the device will provide the 
best available control of the UV irradiance level during the testing 
and reduce the likelihood of overexposure to UV light, compared to the 
alternate method of not using automatic irradiance control and rotating 
the lamps every 400 hours, discarding them after 1600 hours, and the 
other specified steps. NHTSA believes inclusion of automatic irradiance 
control will reduce variability in test results.
    NHTSA believes that air brake tubing manufacturers will be able to 
use their existing UV test equipment if they are able to maintain the 
minimum specified irradiance level of 0.85 watts per square

[[Page 76310]]

meter. It is possible that equipment without irradiance measurement and 
control would result in higher irradiance levels and thus be more 
severe than the agency's required UV exposure requirement.
    SMC commented that in the NPRM's section on Rulemaking Analyses and 
Notices, the capital cost to purchase a new ultraviolet test apparatus 
should be taken into consideration. SMC cited Executive Order 12866 for 
its position. In the NPRM, NHTSA discussed the cost issues resulting 
from the brake hose rulemaking and estimated the cost of upgrading 
brake hoses to meet with proposals in the NPRM to be in the range of 
zero dollars to $1.6 million annually. Further, the agency stated that 
it did not believe that the rulemaking would have a significant 
economic impact on a substantial number of small entities. Regarding 
SMC's comments on the cost of purchasing new test equipment, NHTSA 
believes that the cost of such equipment may be on the order of $5,000 
to $10,000, a sum that would not have a significant effect on NHTSA's 
estimated cost of this rulemaking.
    Parker/Atofina stated that it believes NHTSA's proposed inclusion 
of ASTM D4329-99 and G 151-97 offer education to the reader, but do not 
add significantly to the testing procedure or to the requirements 
specified in SAE J844. Parker/Atofina recommended that references to 
ASTM G 53, as referenced in SAE J844, are sufficient. As NHTSA noted in 
the NPRM, G 53 has been replaced by G 154. NHTSA believes that it 
should reference the most current of these two ASTM standards, since a 
goal of the agency's rulemaking is to update FMVSS No. 106 and remove 
obsolete references.
    The NPRM referred to three ASTM standards: G 154-00, which provides 
information on the spectral output of the UVA-340 lamps; G 151-97, 
which provides practices to maintain control of irradiance within a 
test device; and D 4329-99, which provides guidance on preparation of 
test samples, positioning in the test device, and interpreting test 
results. NHTSA believes that because these three ASTM standards are 
interrelated, they should all be included in FMVSS No. 106. Therefore, 
in the final rule, the agency is keeping references to all three ASTM 
standards.
    ASTM commented that the latest revision of ASTM standard G 151 
Standard Practice for Exposing Nonmetallic Materials in Accelerated 
Test Devices that Use Laboratory Light Sources was G 151-00. NHTSA 
agrees that ASTM G 151-00 is the latest revision and probatively tests 
plastic tubing for ultraviolet resistance. In this final rule, NHTSA is 
incorporating ASTM G 151-00 in S12.7 Ultraviolet light resistance test.
9. Resistance to Zinc Chloride and Methyl Alcohol
    NPRM--NHTSA proposed to incorporate the zinc chloride and methyl 
alcohol resistance requirements and test procedures from SAE J844 into 
FMVSS No. 106.
    Public Comments and NHTSA's Response--DuPont stated that the 
agency's proposed test proposal was marginally adequate for FMVSS No. 
106. It suggested considering adopting the requirements of ISO 7628 at 
S7.9.2, that includes resistance testing to zinc chloride, copper 
chloride, sodium chloride, and potassium chloride. In addition, testing 
discrete samples of brake tubing may be appropriate to evaluate all 
layers of the tubing, as may be found with cut ends of tubing or if an 
outer layer of the tubing is compromised. SGPPL also referenced the 
test in ISO 7628 and suggested that the agency may wish to review the 
test requirements. SGPPL stated that SAE is currently reviewing the ISO 
7628 requirements and the ISO 7628 test may be needed, given the 
various chemicals used on roads today.
    SGPPL requested a clarification that in the agency's proposed zinc 
chloride test, only the outside of the tubing is to be exposed during 
the test. SGPPL stated that the outside is the only part of the tubing 
that is exposed to zinc chloride while in operation on a motor vehicle. 
NHTSA agrees with this comment, and provides additional text in the 
final rule to clarify that the zinc chloride test is only conducted on 
the exterior of the tubing.
    Regarding the incorporation of additional chemical resistance tests 
into FMVSS No. 106, the agency does not have sufficient information to 
include such incorporation in the final rule. NHTSA would also provide 
the public with an opportunity for comment before adopting additional 
chemical resistance tests.
    HPP stated that the bend radius for the zinc chloride and methyl 
alcohol resistance tests (and also the high temperature flexibility 
tests) should be the test bend radius as specified in Table 2 of SAE 
J844, rather than two times the nominal outside diameter of the tubing 
as specified in the NPRM. This was also noted by Parker/Atofina. NHTSA 
has concluded that the commenters are correct and for the zinc 
chloride, methyl alcohol resistance, and high temperature flexibility 
tests, is referencing the bend radii from FMVSS No. 106's Table VIII in 
the final rule.
10. Stiffness
    NPRM--Because FMVSS No. 106 does not contain a similar set of 
procedures/requirements, NHTSA proposed to incorporate the stiffness 
procedures/requirements from SAE J844 into FMVSS No. 106. The stiffness 
test requires that a section of tubing is conditioned in a straight 
position at 230 degrees Fahrenheit for 24 hours, and after cooling and 
by using a special test fixture, the force required to deflect the 
tubing 2 inches at its ends is measured. The resulting force may not 
exceed a specified amount that ranges between one pound and 80 pounds 
depending on the diameter of the tubing. In the NPRM, the agency stated 
its belief that this test would ensure that the flexibility of the 
tubing is not reduced when the tubing is subjected to elevated 
temperatures.
    Public Comments and NHTSA Response--SGPPL commented that it sees 
reasons to both include and exclude this test requirement from FMVSS 
No. 106. It believes that the stiffness test is not a true performance 
criterion for the tubing, and that stiffness is not linked to any 
failure mode. Stiffness also does not gauge form, fit, or function of 
the product. Historically, thermoplastic air brake tubing has replaced 
traditional steel and copper tubing air lines, and although much less 
stiff, plastic tubing stiffness does not affect the end functionality 
of the tubing. SGPPL stated that this test could be considered design 
restrictive and written around the use of plasticized polyamide 
material. SGPPL stated that the stiffness test does serve a purpose 
from the perspective of a truck original equipment manufacturer (OEM) 
in that overly stiff tubing would be too difficult to route during 
truck assembly.
    SGPPL noted that the stiffness test as proposed in the NPRM did not 
include a pull rate specification that can affect the results of the 
test. It stated that it consistently uses a pull rate of one inch per 
minute.
    NHTSA has considered SPPL's comments and agrees that it would be 
difficult to identify how failures of the stiffness test would be 
detrimental to motor vehicle safety. The agency agrees that the 
stiffness test may serve a purpose for vehicle manufacturers that 
desire to specify a particular stiffness in their specifications for 
its airbrake tubing. NHTSA also believes that specific stiffness 
characteristics may be desirable for tubing used in applications such 
as when long runs of tubing are used on semitrailers versus tubing used

[[Page 76311]]

to plumb tractors. Therefore, NHTSA is not including the stiffness test 
in this final rule. In lieu of the stiffness test, NHTSA specifies a 
test for collapse resistance as a measure of brake tubing performance 
when subjected to elevated temperatures.
11. Heat Aging Adhesion
    NPRM--NHTSA proposed to incorporate the heat aging adhesion test 
procedures from SAE J844. NHTSA also proposed that the minimum adhesion 
performance requirement for Type B tubing be changed from the SAE 
requirement of ``no separation'' to 25 pounds per linear inch. NHTSA 
described several problems in directly applying the SAE J844 
requirements. Foremost is that during the adhesion test, in which air 
brake tubing made of two layers is separated at the layer interface by 
cutting it apart and then subject to being pulled apart at this 
juncture, SAE J844 states that no separation at the layer interface is 
permitted. NHTSA pointed out that this could not be adopted because the 
tubing will ultimately fail at some point during the test. NHTSA 
proposed a metric of 25 pounds minimum separation force per linear 
inch, based in part on a similar test that is contained in FMVSS No. 
106 to measure the layer separation performance of elastomeric air 
brake hoses.
    The agency proposed that rather than having a stand-alone adhesion 
test, the adhesion test would only be performed as specified in SAE 
J844 that includes a heat aging conditioning test. This would eliminate 
the need to run an adhesion test, and also a heat aging and adhesion 
test.
    The agency also deviated from SAE J844 in that rather than 
preparing a test sample from a helical section of hose, with the cut 
line following one of the reinforcing braids in the tubing, NHTSA 
proposed that the sample be prepared from an inch-long sample of tubing 
cut through one side along its longitudinal centerline.
    Public Comments and NHTSA's Response--SMC commented that the 
agency's proposal to include a process that generates numerical data is 
superior to what it used in SAE J844. SAE noted that the separation 
requirement for elastomeric air brake hose is 8 pounds per linear inch, 
and stated that the separation requirement in SAE J2547 (a draft 
document in committee) is 4.4 pounds per linear inch. SMC stated that 
the reason that air brake tubing layers would separate would be 
relative motion between the connections (end fittings). NHTSA notes 
that plastic air brake tubing is used in applications that involve 
relative motion between components (e.g., the connections between 
tractors and trailers), but in those applications the tubing is in 
coiled form that generally distributes torsional and bending stresses 
over a great length of tubing. SMC also stated that the method of 
performing adhesion testing in SAE J2547 is still being drafted, and it 
did not provide any details as to what it might include.
    DuPont stated that it agrees with the agency's proposed adhesion 
strength of 25 pounds per linear inch. It also stated that it believed 
the adhesion test to be potentially redundant since the performance in 
both the low temperature impact and heat age burst pressure tests would 
presuppose adequate bond strength.
    SGPPL wrote in favor of adopting the 25 pounds per linear inch bond 
strength. It noted the difference between the sample preparation in SAE 
J844 which requires the cutting of a strip of tubing into a 6 
millimeter wide helical coil (and other requirements) versus the NPRM 
proposal to cut a one-inch length of tubing cut lengthwise and cutting 
two flaps of material using a sharp knife to permit the test sample to 
be clamped in a tensile testing machine. SGPPL noted that if what is 
now a Type B tubing consisting of two layers were made as a single 
layer tubing, the bond strength test might not be needed. In addition, 
it posed the questions that if tubing were to be manufactured from 
several layers of different material bonded together, how would the 
adhesion levels be evaluated, and would it only be required at the bond 
interface of reinforcing material? SGPPL stated that it would be even 
more difficult to test between unreinforced layers of plastic than 
between a reinforced inner and outer layer.
    HPP stated that there is no technical reason for a higher 
requirement for plastic tubing compared to elastomeric hoses. HPP has 
developed a method to determine the adhesion between layers of tubing, 
and references a ballot version of SAE J2260. However, HPP did not 
describe their test method, nor did it provide any further information 
about SAE J2260 that the agency could evaluate.
    Parker/Atofina stated that the performance strength of Type B 
tubing is historically predicated on maintaining an inseparable bond 
between polymer layers across the yarn reinforcement interstitial areas 
within the tubing. Permitted separation between these tube and cover 
layers at the bond interface will result in tubing which kinks easily 
under mechanical stress. It states that the agency's proposal of 25 
pounds per linear inch is insufficient to ensure consistent plastic 
tubing and assembly performance. According to Parker/Atofina, the SAE 
J844-mandated inseparable bond test is intended to evaluate the 
integrity and manufactured quality of the Type B thermoplastic air 
brake tubing construction.
    Regarding the agency's proposed test sample preparation method, 
Parker/Atofina stated that the preparation of an inch-long specimen is 
impractical and impossible with properly manufactured and inseparably 
bonded Type B tubing. It stated that the test sample must be cut 
through the entire tubing wall in a helical path nearly parallel to the 
reinforcement yarn lay pattern in order to gain access to the layer 
interface and allow physical and visual evaluation of the bond between 
the polyamide layers in the interstitial areas formed away from where 
the yarn lay patterns cross. The agency notes by examination of a 
typical \1/2\ inch O.D. Type B air brake tube, the sample size defined 
in SAE J844 for this size tubing would be 0.25 inches by 7.85 inches. 
The agency does not know if this sample size would be large enough to 
mount in a tensile testing machine for evaluation. Under the agency's 
NPRM, the sample size would be approximately 1 inch by 1\1/2\ inches 
for \1/2\ inch O.D. air brake tubing.
    Parker/Atofina stated that the SAE J844 adhesion test does not 
require a force measurement because the criterion for passing is an 
intimate bond as if the two layers were one. The need to specify a load 
is replaced by the visual examination between the two layers of 
contrasting colors.
    The agency has reviewed all of the comments regarding adhesion 
testing and decided not to include the heat aging and adhesion test 
requirement in the final rule. It appears that the actual strength of 
the bond between layers of plastic tubing falls somewhere between 4.4 
pounds per linear inch and something larger than 25 pounds per linear 
inch. The agency's proposed test method seemed acceptable to some 
commenters, but there were wide ranging viewpoints on what the 
acceptable adhesion strength should be. The SAE J844 test method 
appears unenforceable to NHTSA because it does not have any objective 
pass/fail metrics, such as a pounds force per linear inch strength 
requirement. The ``no separation'' specification in SAE J844, confirmed 
by visual inspection and not by a force measurement, does not seem to 
be a useful metric to determine the strength of the bond between tubing 
layers. In addition, as noted by SGPPL, alternate methods for

[[Page 76312]]

producing air brake tubing may include significantly different 
construction methods (more than two layers, or constructed without 
reinforcing braid) that would not be able to be easily tested to the 
procedure in SAE J844. It appears to NHTSA that the SAE committee 
working on SAE J2547 may be able to develop an alternate adhesion test 
method that the agency may be able to consider using in future 
rulemaking.
12. Collapse Resistance
    NPRM--NHTSA proposed to incorporate the collapse resistance test 
procedures/performance requirements from SAE J844 into FMVSS No. 106, 
with two changes. First, the length of the pins that are used to attach 
the tubing in a bent position to the test fixture were specified as 1-
inch or 50 millimeters in length, rather than left unspecified as in 
SAE J844. Second, the bend radii from Table 2 of SAE J844 were proposed 
to be adopted rather than the bend radii from SAE J844 Table 3, in 
order to have just one table of bend radii in FMVSS No. 106. The 
differences in the radii tables are slight, for example, for a \1/2\ 
inch O.D. tube, Table 2 specified 2.00 inches versus 2.50 inches in 
Table 3, although for some other sizes of tubing, the radii in the two 
tables are the same. This made the proposal in FMVSS No. 106 slightly 
more rigorous than SAE J844, because in the collapse resistance test 
the tubing is bent without being supported by a test cylinder, and the 
bend radii in Table 2 are for bends that use a test cylinder for 
support as the tubing is bent around the cylinder.
    Public Comments and NHTSA's Response--SMC stated that it find the 
agency's proposal acceptable. Parker/Atofina stated that the tubing 
sample length formulas specified in FMVSS No. 106 at S12.17(b) are less 
severe than in SAE J844. The diameter measurements in SAE J844 to 
validate the collapse resistance of tubing have been replaced with 
nominal diameters, lessening the severity of the bend test. NHTSA has 
carefully compared the requirements in SAE J844 with the NPRM, and 
cannot verify Parker/Atofina's statements. The diameter collapse 
measurement procedures proposed in Standard No. 106 at S12.15(c) 
Calculation are in fact the same calculation as used in SAE J844 at 
S9.14.5, and do not refer to a nominal diameter specification. The 
tubing samples specified in FMVSS No. 106 at S12.15(b) are the same as 
those in SAE J844. However, in FMVSS No. 106, the length of the 
supporting pins is specified while in SAE J844, the length of the 
supporting pins is not specified. For both FMVSS No. 106 and SAE J844, 
the length of the supporting pins is considered in the length of the 
prepared tubing sample. NHTSA used different wording in the NPRM to 
amend FMVSS No. 106 than in SAE J844, partly to better describe the 
test procedure, and to avoid having to adopt Figures 3 and 4 from SAE 
J844 into FMVSS No. 106. NHTSA determined only that the collapse 
resistance proposed in FMVSS No. 106 is slightly more rigorous than in 
SAE J844 because of minor reductions in the bend radii used during the 
evaluation of collapse resistance for a few particular sizes of tubing.
    Parker/Atofina also commented that the minimum kink radii from 
Table 3 of SAE J844 should be used for the collapse resistance test, 
and that Table VIII should be labeled ``minimum kink radius'' rather 
than ``bend radius'' as proposed in the NPRM.
    For this final rule, after reviewing the proposed collapse 
resistance test and the comments provided, NHTSA has decided to amend 
the requirements from those proposed in the NPRM. Table VIII has been 
modified to include both sets of bend radii from SAE J844 (Table 2, 
Mechanical Properties, Test Bend Radius adopted into Table VIII of 
FMVSS No. 106 as ``Supported Bend Radius,'' and Table 3, Minimum Kink 
Radius adopted into Table VIII of FMVSS as ``Unsupported Bend 
Radius.''). The supported bend radius values for metric sizes of brake 
tubing in Table VIII are taken directly from Table 2 in SAE J1394, but 
there are no values provided for Minimum Kink Radius in SAE J1394 that 
can be used for unsupported bend radius values in Table VIII in FMVSS 
No. 106.
    NHTSA used the following approach to determine the unsupported bend 
radius values for metric sizes of air brake tubing for Table VIII:
    1. The nominal diameter of 6 mm tubing is 0.236 inches, and is 
closer to \1/4\ inch tubing (0.250 inches), so the 1.00 inch 
unsupported bend radius for \1/4\ inch tubing was adopted.
    2. The nominal diameter of 8 mm O.D. tubing is 0.315 inches, and is 
close to \5/16\ inch tubing (0.313 inches), so the 1.50 inch 
unsupported bend radius for \5/16\ inch tubing was adopted.
    3. The nominal diameter of 10 mm O.D. tubing is 0.393 inches, and 
is close to \3/8\ inch tubing (0.375 inches), so the 1.50 inch 
unsupported bend radius for \3/8\ inch tubing was adopted.
    4. The nominal diameter of 12 mm O.D. tubing is 0.472 inches, and 
is close to \1/2\ inch tubing (0.500 inches), so the 2.5 inch 
unsupported bend radius for \1/2\ inch tubing was adopted.
    5. The nominal diameter of 16 mm O.D. tubing is 0.629 inches, and 
is close to \5/8\ inch tubing (0.625 inches), so the 3.00 inch 
unsupported bend radius for \5/8\ inch tubing was adopted.
    The agency adopts the term ``unsupported bend radius'' rather than 
Parker/Atofina's recommended ``minimum kink radius'' because during the 
collapse resistance test, the tubing is not permitted to kink. To use 
the term ``kink'' in FMVSS No. 106 may prove to be confusing.
    The regulatory text of the test procedure in S12.15 has been 
modified in three respects from that proposed in the NPRM. First, the 
two supporting pins of the test fixture are not required to be 
adjustable, since pins only need to be set at a specified spacing as 
shown in Figure 5--Bend Test Fixture of SAE J844. The pin spacing 
requirement is now defined as twice the unsupported bend radius plus 
the nominal O.D. of the tubing, consistent with what is depicted in 
Figure 5 of SAE J844. In the NPRM, the pins were to be adjusted until 
the approximate bend radius was achieved on the brake tubing. The 
language in the final rule is simpler and has less opportunity for 
introducing variability. Second, a provision is added that the tubing 
should be bent in the direction of its natural curvature, consistent 
with SAE J844. Third, the term ``elliptical minor diameter'' is used 
rather than ``minor diameter'' to better indicate in geometric 
terminology where the initial and final diameter measurements of the 
tubing are to be taken.
13. Oil resistance
    NPRM--NHTSA tentatively concluded that in the case of plastic air 
brake tubing, it would be more appropriate to evaluate a mechanical 
property of the tubing such as the ability to pass a burst test after 
conditioning in oil. NHTSA also concluded it is critical that plastic 
air brake tubing be resistant to oil exposure. Therefore, NHTSA 
proposed a test procedure for plastic tubing that combines existing 
FMVSS No. 106 oil conditioning criteria with the burst strength 
requirements of SAE J844. The proposed test procedure involved 
preparation of a tubing assembly, conditioning it in ASTM IRM 903 oil 
(which supercedes ASTM No. 3 oil as described in ASTM D471-98e1, 
Standard Test Method for Rubber Property-Effect of Liquids), and then 
subjecting the tubing to the burst test specified in SAE J844. NHTSA 
proposed that the tubing not burst at less than 80 percent of the burst 
pressure listed in Table 2 of SAE J844.
    Public Comments and NHTSA's Response--HPP stated that the proposed 
oil resistance test should apply to

[[Page 76313]]

elatostomeric brake hoses in addition to air brake tubing. SMC stated 
that the burst pressure of SAE J844 is more suited to testing tubing, 
and that the oil needs to be changed to stay consistent with the ASTM 
changes. SGPPL agreed that it is critical that plastic air brake tubing 
is resistant to oil, but stated that it has not performed any such 
testing as proposed in the NPRM. SGPPL asked if both the inner diameter 
and the outer diameter of the tubing were to be submerged in oil, and 
questioned whether the oil resistance requirements would be more 
suitable to brake hose assemblies as described in Section E, Plastic 
Air Brake Tubing Assemblies and End Fittings, of the NPRM. It stated 
that as proposed in the NPRM, it is a tubing material test, rather than 
a test for the mechanical properties of end fittings.
    DuPont agreed with the addition of an oil resistance test to FMVSS 
No. 106. Parker/Atofina asked that its previous comments relating to 
the burst test (water used as the test medium and timing of pressure 
rise be measured) be considered for the oil resistance test as well.
    After reviewing the comments, NHTSA also reviewed the proposed 
requirements for the end fitting retention test in S11.3.23, which was 
adopted from SAE J1131. This test evaluates the retention of end 
fittings that are used with plastic air brake tubing. A sample air 
brake tubing assembly is prepared, filled with hydraulic fluid and then 
pressurized to 50 percent of the burst strength pressure. This pressure 
is held for 30 seconds, and then the pressure is increased to 100 
percent of the burst strength pressure. No leakage or separation is 
permitted.
    The agency also reviewed the proposed thermal conditioning and end 
fitting retention test in S11.3.24 that was proposed to be adopted from 
SAE J1131. In this test, an air brake tubing assembly is prepared with 
end fittings, filled with hydraulic oil, and connected to a source of 
hydraulic pressure. The assembly is then conditioned in air at 200 
degrees Fahrenheit for 25 hours with atmospheric pressure inside the 
tubing. The pressure is then increased to 450 psi while still at the 
elevated temperature, and held for five minutes. The pressure is 
reduced to atmospheric and the temperature reduced to 75 degrees 
Fahrenheit for one hour, and then the temperature is decreased to minus 
40 degrees Fahrenheit for 24 hours. While at that temperature, the 
pressure is increased to 450 psi and held for five minutes, and the 
required performance is that no leakage or separation from the end 
fittings is permitted.
    Parker/Atofina's only recommendation for the thermal conditioning 
and end fitting retention test was to increase the pressure within 5 to 
30 seconds during the pressure cycles to not hydraulically shock the 
system.
    NHTSA evaluated all of the comments, reviewed the proposed test 
requirements, and reached the following conclusions. NHTSA has 
determined that the oil resistance test is intended to evaluate the 
properties of the tubing (S11.3.18 specifies that the air brake tubing 
shall not rupture or burst) although it may also evaluate the oil 
resistance properties of the end fittings, since end fittings must be 
installed to attach the tubing to the pressure test machine. Whether 
those end fittings are the same as the end fittings used on a vehicle, 
or are fittings designed to adapt the tubing to the pressure test 
device, is a decision to be made by the test sponsor. Both oil and 
water are non-compressible and will provide the same measure of 
performance. Therefore, the oil resistance test will be made final in 
this rule, but the pressure test medium (after the conditioning by 
soaking in oil) can be either water as suggested by Parker/Atofina for 
the final burst test, or oil at the manufacturer's option if cross-
contamination of the water pressure source for the burst testing 
specified in S12.5 is a concern of the manufacturer.
    The thermal conditioning and end fitting retention test is kept in 
the final rule for the purpose of evaluating end fitting retention when 
subject to thermal and pressure cycling. Water cannot be used in the 
thermal conditioning and end fitting retention test because of the low 
temperatures (minus 40 degrees Fahrenheit (minus 40 degrees Celsius)) 
involved. NHTSA noted in the NPRM that the hydraulic fluid in SAE J1131 
did not have any particular specifications. NHTSA believes that if it 
changed the specification in the thermal conditioning and end fitting 
retention test to the ASTM IRM 903 oil, the test would be more suited 
towards ensuring that the end fitting retention test also provides a 
measure of oil resistance as well. The conditioning at 200 degrees 
Fahrenheit for 70 hours is similar to the requirements proposed for the 
oil resistance test except that a slightly higher oil soak temperature 
of 212 degrees Fahrenheit was proposed for the oil resistance test.
    NHTSA adopts a constant pressure application and reduction rate of 
3,000 psi per minute for all burst tests and pressure increases or 
decreases, to eliminate variability in the time of the pressure 
application. NHTSA believes it has thus addressed Parker/Atofina's 
suggestion of a longer time limit for the pressure increases in the 
thermal conditioning and end fitting retention test.
    NHTSA believes that with these changes, the plastic air brake 
tubing material and the end fittings of tubing assemblies will be able 
to be evaluated for oil resistance. NHTSA believes that both the 
outside and inside sections of brake hose tubing should be oil 
resistant, and includes this requirement in the oil resistance test. 
The thermal conditioning and end fitting test will only evaluate the 
oil resistance of those portions of the end fittings that are exposed 
to internal pressure in the tubing.
    Finally, NHTSA notes that it may revisit the issue of the oil 
resistance test in a future rulemaking if this should become necessary.
    NHTSA proposed that ASTM IRM 903 be the test medium for gauging air 
brake tubing and assemblies for oil resistance properties. NHTSA has 
reviewed the oil compatibility test in S3.7 of SAE J2494-3 Performance 
Requirements for SAE J844 Non-Metallic Air Brake Tubing and Push-to-
Connect Tube Fittings, with SAE J844 Air Brake Tubing as Used in 
Vehicular Air Brake Systems, (described in more detail below), and 
notes that it is conducted using a mixture of 11 parts SAE 15W40CD type 
oil and one part SOFTC-2A contaminant. No commenter made note of this 
different reference oil specification. NHTSA is therefore keeping the 
ASTM oil specification in this final rule.
    Regarding the end fitting retention test that was proposed as 
S12.24 in the NPRM (designated as S12.22 in this final rule), NHTSA is 
adopting Parker/Atofina's suggestion that water be used as the test 
medium rather than oil. Parker/Atofina stated that water is a cleaner 
test medium than hydraulic oil, and the agency believes that there are 
no special temperature requirements that preclude the use of water in 
this test. The pressure increase rate is being specified as 3,000 psi 
per minute as it is for all other test requirements relating to 
pressure tests for air brake tubing.
    NHTSA is not adopting HPP's suggestion to subject elastomeric air 
brake hoses to the oil resistance test in this final rule. NHTSA notes 
that these types of brake hoses are subjected to a different type of 
oil resistance performance test that appears to be effective in 
ensuring adequate safety of these brake hoses.

[[Page 76314]]

14. Ozone resistance
    NPRM--NHTSA proposed an ozone test for plastic air brake tubing in 
which a sample of tubing is bent around a test cylinder and exposed to 
ozone at a concentration of 100 parts ozone per hundred million parts 
of air, for 70 hours at a temperature of 104 degrees Fahrenheit. The 
required performance is that no cracks are visible when the tubing is 
viewed under 7x magnification.
    Public Comments and NHTSA's Response--Parker/Atofina stated that 
thermoplastic air brake tubing does not require ozone testing because 
polyamide nylon is not affected by ozone. HPP stated that it supports 
the ozone test for plastic tubing, but it recommended that for tubing 
used with barbed end fittings, a test of the tubing with the end 
fittings attached should be conducted with a longer exposure time of 
500 hours. DuPont acknowledged the importance of having an ozone 
resistance test in FMVSS No. 106. Several commenters noted that the 
agency had incorrectly stated the proposed ozone concentration in parts 
per million rather than parts per hundred million (pphm). The correct 
ozone concentration level of 100 pphm is included in this final rule.
    NHTSA notes that for all types of brake hoses in FMVSS No. 106, the 
ozone concentration is being increased from 50 to 100 pphm in 
accordance with the latest SAE standards. As such, this represents an 
increase in the severity of the test condition. NHTSA does not believe 
that it would be appropriate to increase the exposure time from 70 to 
500 hours at this time, as recommended by HPP. NHTSA believes that 
there is little or no use of barbed hose fittings on air braked 
vehicles in the United States, as the most common styles are push-to-
connect and flanged sleeve compression fittings.

F. Plastic Air Brake Tubing Assemblies and End Fittings

1. General Comments
    In the NPRM, NHTSA proposed to incorporate the substantive 
requirements of SAE J1131 Performance Requirements for SAE J844 
Nonmetallic Tubing and Fitting Assemblies Used in Automotive Air Brake 
Systems into FMVSS No. 106. NHTSA noted that the petitioners did not 
ask NHTSA to adopt the requirements of this SAE standard into FMVSS No. 
106. The petitioners had instead asked that NHTSA adopt the 
requirements of SAE J512 Automotive Tube Fittings and SAE J246 
Spherical and Flanged Sleeve (Compression) Tube Fittings. These two 
latter standards include specific dimensional requirements for the end 
fittings and components of fittings. The agency tentatively determined 
that rather than specifying the dimensions of the fittings, it would be 
more appropriate to specify the performance of the fittings per SAE 
J1131, to assure that the end fittings used along with air brake tubing 
work properly as an assembly.
    Parker/Atofina stated that it believes that end fitting 
dimensional, material, performance and safety requirements referenced 
in SAE J246 and SAE J512 specifications should be retained, so that the 
components of end fittings from different manufacturers would continue 
to be compatible. As stated in the NPRM, the agency does not desire to 
include these dimensional specifications (which are in effect design 
specifications), but proposed instead to adopt the performance 
requirements for these fittings when used with plastic air brake 
tubing.
    SMC, SGPPL, and Parker/Atofina made reference to three SAE 
Standards: J2494-1 Push-to-Connect Tube Fittings for Use in the Piping 
of Vehicular Air Brake, Rev. May 2000; J2494-2 Dimensional 
Specifications for Non-Metallic Body Push-to-Connect Fittings Used on a 
Vehicular Air Brake System, Rev. October 2002; and J2494-3 Performance 
Requirements for SAE J844 Non-Metallic Air Brake Tubing and Push-to-
Connect Fitting Assemblies Used in Vehicular Air Brake Systems, Rev. 
July 2002. SMC stated that incorporation of SAE J2494-3 would benefit 
the evaluation of the FMVSS No. 106 revision. SGPPL stated that since 
push-to-connect fittings are widely used in both preformed air brake 
tubing assemblies and in routing bulk air brake tubing lines in trucks, 
NHTSA should consider the use of both push-to-connect and compression 
fittings. Parker/Atofina recommended that FMVSS No. 106 include the 
sample size requirements of SAE J2494-3 and the performance 
requirements of SAE J1131. Regarding Parker/Atofina's issue with sample 
sizes for testing, the agency has already described that sampling as an 
issue for manufacturers to use for quality control methods, but that 
every brake hose that is DOT certified must meet the requirements of 
FMVSS No. 106.
    The agency was not aware of the SAE J2494 series of standards for 
push-to-connect fittings when it published its NPRM. After reviewing 
these standards, NHTSA believes that adding the substantive end fitting 
performance requirements of SAE J2494-3 to FMVSS No. 106 would help 
ensure safety. However, NHTSA notes that incorporating SAE J2494-3 
requirements into FMVSS would encompass an extensive series of test 
procedures including a tensile test (with high temperature, boiling 
water, and water absorption conditioning); thermal and pressure cycling 
and air leakage; vibration test; fitting pressure test; frozen water 
retention test; reassembly test; oil compatibility test; corrosion 
resistance test; side load leakage; moisture absorption; ultraviolet 
light resistance; zinc chloride and methyl alcohol resistance; and cold 
temperature impact. NHTSA would not issue a final rule amending FMVSS 
No. 106 by incorporating these tests without first putting forth a 
notice soliciting public comments on its proposal to include the tests. 
Some of the performance requirements included in the NPRM and this 
final rule provide similar coverage of the SAE J2494 requirements. 
Therefore, NHTSA will first complete its May 15, 2003 proposed 
rulemaking by issuing this final rule. At future date, NHTSA may 
consider proposing to add the outstanding requirements from SAE J2494.
2. Tensile Strength
    NPRM--NHTSA proposed adopting similar tensile strength requirements 
for plastic air brake tubing as FMVSS No. 106 currently specifies for 
elastomeric air brake hose. The NPRM included slight reductions in 
tensile strength for the smallest sizes of plastic air brake tubing, 
proposing 35 pounds for \1/8\ inch and 40 pounds for \5/32\ inch 
tubing, in applications that are not between the frame and axle of a 
vehicle or between a towing and towed vehicle. The lowest specification 
for elastomeric brake hoses in the same application is 50 pounds if it 
is \1/4\ inch or less nominal inside diameter.
    NHTSA developed its proposed requirements for small diameters of 
plastic air brake tubing based in part on a comparison of brake hose 
and tubing. Air brake tubing is sized by outside diameter rather than 
inside diameter (as brake hose is sized), and therefore, the sizes are 
not directly comparable. A \1/4\ inch outside diameter brake tube would 
be smaller than a \1/4\ inch inside diameter brake hose, and therefore 
would not be expected to have the same tensile strength.
    NHTSA noted that in the text on page 26403 of the NPRM that it 
correctly stated its intentions of a 35-pound strength for \1/8\ inch 
tubing and 40 pounds for \3/32\ inch tubing. However, Table VIII on 
page 26417 included incorrect values of 15 pounds for \1/8\ inch tubing 
(which should have been 35

[[Page 76315]]

pounds) and of 40 pounds for \3/16\ inch tubing (it should have been 50 
pounds). These are corrected in the final rule. The values in Table 
VIII for \3/32\ inch tubing were correct in the NPRM.
    Public Comments and NHTSA's Response--SGPPL stated in its comments 
that it agrees with NHTSA's proposed reduction in tensile strength for 
\1/8\ inch and \5/32\ inch tubing. SGPPL stated that the 50-pound value 
used by SAE for \1/8\ inch tubing and \5/32\ inch tubing are not 
achievable using current products in the market place, as the tubing 
yields and breaks before a 50-pound value is attained in testing. SGPPL 
stated that the proposed values of 35 pounds and 40 pounds respectively 
are achieva