First Brands Corporation, Receipt of Petition for Determination of Inconsequential Noncompliance

William H. Timbers, Jr.
National Highway Traffic Safety Administration
April 7, 1994

[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-8411]


[[Page Unknown]]

[Federal Register: April 7, 1994]


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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. 94-19; Notice 1]

 

First Brands Corporation, Receipt of Petition for Determination 
of Inconsequential Noncompliance

    First Brands Corporation (FBC) of Danbury, Connecticut has 
determined that some of its brake fluid fails to comply with 49 CFR 
571.116, Federal Motor Vehicle Safety Standard No. 116, ``Motor Vehicle 
Brake Fluids,'' and has filed an appropriate report pursuant to 49 CFR 
part 573. FBC has also petitioned to be exempted from the notification 
and remedy requirements of the National Traffic and Motor Vehicle 
Safety Act (15 U.S.C. 1381 et seq.) on the basis that the noncompliance 
is inconsequential as it relates to motor vehicle safety.
    This notice of receipt of a petition is published under section 157 
of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1417) 
and does not represent any agency decision or other exercise of 
judgement concerning the merits of the petition.
    Section S5.1.7, Fluidity and Appearance at Low Temperature, of 
Standard No. 116 states:

    When brake fluid is tested according to S6.7, at the storage 
temperature and for the storage times given in Table II--
    (a) The fluid shall show no sludging, sedimentation, 
crystallization, or stratification;
    (b) Upon inversion of the sample bottle, the time required for 
the air bubble to travel to the top of the fluid shall not exceed 
the bubble flow times shown in Table II; and
    (c) On warming to room temperature, the fluid shall resume the 
appearance and fluidity that it had before chilling.

    Table II of S5.1.7 states that when the brake fluid is stored at 
-40 deg.  2 deg. C. for 144 hours 1 
4.0 hours the maximum bubble flow time is 10 seconds. When stored at 
-50 deg.  2 deg. C. for 6 hours  0.2 hours the 
maximum bubble flow time is 35 seconds.
    NHTSA notified FBC that a sample of Prestone Brake Fluid, AS-400, 
failed to meet the requirements of S5.1.7 (NHTSA file NCI 3293). FBC's 
initial investigation determined that the brake fluid was packaged on 
May 4, 1993, at its subsidiary, Paulsboro, Packaging, Inc., and that 
the fluid was manufactured by Union Carbide Corporation (UCC) and 
identified as UCC's PM6060, lot #0319083. FBC further stated:

    All [of the] product in FBC's distribution system packaged from 
the specific lot # 0319083 was placed on hold and all packaging of 
Brake Fluid PM6060 was ceased pending a full investigation and 
implementation of corrective measures.
    FBC produced 202,704 units (12.0 fl.oz.) from lot #0319083, and 
currently has 61,752 units on hold at various warehouses.
    Based on review of all data and consultation with USC, it is 
FBC's opinion that the noncompliance will not affect product 
performance in a motor vehicle or create a safety concern.
    FBC is recommending that no recall of [the] product outside of 
FBC's distribution system be made. It is further recommended that 
the product in inventory (61,752 units) also be released for sale.

    FBC also stated that it has elected to convert to an alternative 
UCC brake fluid identified as PM6340, which has a freeze point of 
-65 deg. C., and will provide an added margin to meet the requirements 
of S5.1.7., Standard No. 116.
    In support of its petition FBC attached a letter from UCC, dated 
January 17, 1994. The UCC letter describes the results of tests it 
performed on samples of the subject brake fluid:

    Specifically with regard to the DOT ``Fluidity and Appearance at 
Low Temperature'' test (FMVSS 116, Section 5.1.7), Union Carbide 
Corporation, using the DOT FMVSS 116 procedure, performed the test 
at -40 C deg. for 6 days [144 hours] and -50 deg.C for 6 hours. 
Following completion of the tests:

--At -40 deg.C for 6 days, the sample passed all requirements. The 
sample met the requirements for appearance at low temperature, 
bubble travel time and room temperature appearance-fluidity 
properties.
--At -50 deg.C for 6 hours, the sample passed the requirements of 
bubble travel time and room temperature appearance-fluidity 
properties. Upon completion of the 6 hours at -50 deg.C, some 
crystallization was noted in the sample.
--Attempts were made to isolate the crystallized material. It was 
soft, non-abrasive gel that was difficult to isolate as it flowed 
with the brake fluid.

    Union Carbide Corporation also conducted the test of FMVSS 116, 
Sec. 5.1.7 on the sample with rigorous temperature control at 
-49 deg.C 2 deg.C to more closely realize the -48 deg.C 
limit of the test's specified temperature range Sec. 5.1.7 test 
parameter: -50 deg.C 2 deg.C). The sample was clear, 
showed no crystals, had a bubble travel time of approximately 5 
seconds and regained its appearance and fluidity at room 
temperature. These results were confirmed by a second run at the 
same conditions.
    The Pour Point of the sample was measured according to the 
method of ASTM D97. [The] lowest temperature at which movement in 
the liquid could be observed was determined to be -62 deg.C.
    From the results obtained and observations made, we are 
confident that this brake fluid will perform and provide braking 
under the low temperature conditions of the FMVSS 116 standard, 
Sec. 5.1.7 and offer the following reasons in support of this:

--The fluid passed the -40 deg.C/6 day fluidity and appearance test.
--The fluid showed appropriate viscosity at low temperature 
(-40 deg.C).
--The fluid showed appropriate viscosity at -50 deg.C (bubble travel 
time of [approximately 5 seconds against a requirement of 35 seconds 
[maximum]).
--Any crystallization observed was a soft, non-abrasive gel that 
flowed with the brake fluid. Further, the phenomenon is fully 
reversible.
--The Pour Point of the sample was measured as -62 deg.C.

    Interested persons are invited to submit written data, views, and 
arguments on the petition of FBC, described above. Comments should 
refer to the docket number and be submitted to: Docket Section, 
National Highway Traffic Safety Administration, Room 5109, 400 Seventh 
Street, SW., Washington, DC, 20590. It is requested but not required 
that six copies be submitted.
    All comments received before the close of business on the closing 
date indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date will also 
be filed and will be considered to the extent possible. When the 
petition is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: May 9, 1994.

    Authority: 15 U.S.C. 1417; delegations of authority at 49 CFR 
1.50 and 49 CFR 501.8.

    Issued on: April 1, 1994.
Barry Felrice,
Associate Administrator for Rulemaking.
[FR Doc. 94-8317 Filed 4-6-94; 8:45 am]
BILLING CODE 4910-59-M


                     Sunshine Act Meetings




BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR

Notice of Public Meeting

    The Subcommittee on the Environment of the Blackstone River Valley 
National Heritage Corridor Commission will HOLD A PUBLIC MEETING TO 
GATHER INFORMATION indicating what, if any, substantial Corridor 
Commission objectives may be affected by quarrying activity along the 
Blackstone River in Woonsocket/Cumberland, RI. Notice is hereby given 
in accordance with Section 552b of Title 5, United States Code, that 
this meeting will be held. The Commission was established pursuant to 
Public Law 99-647, in order to establish a management framework to 
protect, enhance and interpret the nationally significant resources in 
the Blackstone Valley.
    The meeting will be held at Harris Hall, 169 Main Street, 
Woonsocket, RI on April 12, 1994, at 7:00 p.m.-9:00 p.m., or earlier if 
concluded.
    The Subcommittee is providing opportunity for individuals to submit 
information relating to the effect of the quarrying and relative 
activities on the Commission's objectives and authorities as approved 
in the Cultural Heritage and Land Management Plan of the Blackstone 
River Valley National Heritage Corridor.
    Corridor Plans are available upon request from the Commission by 
calling 401-762-0250 or writing to the address below.
    Request from the public to address the subcommittee at the meeting 
shall be considered when submitted in writing, and accompanied by a 
written statement addressing the above 2 points, and received in the 
Commission office not later than April 5, 1994. Include the proposed 
spokesperson's name, mailing address, and telephone number with the 
request. The subcommittee will use the written statements to select 
spokespersons providing relevant information, or representing relevant 
concerns. All written statements received by April 22 will be included 
in the record for the subcommittee's consideration.
    Requests to address the subcommittee including a written statement 
should be mailed to: Blackstone River Valley National Heritage 
Corridor, One Depot Square, Woonsocket, RI 02895.
James R. Pepper,

Executive Director, Blackstone River Valley National Heritage Corridor.

[FR Doc. 94-8496 Filed 4-5-94; 2:46 pm]

BILLING CODE 4310-70-M
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FEDERAL ELECTION COMMISSION

DATE AND TIME: Tuesday, April 12, 1994 at 10:00 a.m.

PLACE: 999 E Street NW., Washington, DC.

STATUS: This meeting will be closed to the public.

ITEMS TO BE DISCUSSED:

Compliance matters pursuant to 2 U.S.C. Sec. 437g.
Audits conducted pursuant to 2 U.S.C. Sec. 437g, Sec. 438(b), and 
Title 26, U.S.C.
Matters concerning participation in civil actions or proceedings or 
arbitration
Internal personnel rules and procedures or matters affecting a 
particular employee

DATE AND TIME: Thursday, April 14, 1994 at 10:00 a.m.

PLACE: 999 E Street NW., Washington, DC (Ninth Floor)

STATUS: This meeting will be open to the public.

ITEMS TO BE DISCUSSED:

Correction and Approval of Minutes
Advisory Opinion 1994-3: M. Joel Bolstein on behalf of EnviroSource, 
Inc. PAC
Advisory Opinion 1994-5: William D. White
New Confidential Filers (continued from meeting of April 5, 1994)
Convention Regulations: Final Rules and Explanation and 
Justification
Administrative Matters

PERSON TO CONTACT FOR INFORMATION:
Ron Harris, Press Officer, Telephone: (202) 219-4155.
Delores Hardy,
Administrative Assistant.
[FR Doc. 94-8498 Filed 4-5-94; 2:44 pm]
BILLING CODE 6715-01-M
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NATIONAL CREDIT UNION ADMINISTRATION 
Notice of Meetings
TIME AND DATE: 9:30 a.m., Tuesday, April 12, 1994.

PLACE: Board Room, 7th Floor, Room 7047, 1775 Duke Street, Alexandria, 
Virginia 22314-3428.

STATUS Open.

BOARD BRIEFINGS:

    1. Central Liquidity Facility Report and Report on CLF Lending 
Rate.
    2. Insurance Fund Report.

MATTERS TO BE CONSIDERED:

    1. Approval of Minutes of Previous Open Meeting.
    2. Advance Notice of Proposed Rulemaking: Amendment to Section 
704.12, NCUA's Rules and Regulations, Corporate Credit Union 
Representation.

RECESS: 10:45 a.m.

TIME AND DATE: 11:00 a.m., Tuesday, April 12, 1994.

PLACE: Board Room, 7th Floor, Room 7047, 1775 Duke Street, Alexandria, 
Virginia 22314-3428.

STATUS: Closed.

MATTERS TO BE CONSIDERED:

    1. Approval of Minutes of Previous Closed Meeting.
    2. Request by a Corporate Federal Credit Union for a Field of 
Membership Amendment. Closed pursuant to Exemption (8).
    3. Appeal of Insurance Determination under Section 201 of the 
Federal Credit Union Act. Closed pursuant to exemptions (8), 
(9)(A)(ii), and (9)(B).

FOR MORE INFORMATION CONTACT: Becky Baker, Secretary of the Board, 
Telephone (703) 518-6304.
Becky Baker,
Secretary of the Board.
[FR Doc. 94-8486 Filed 4-5-94; 1:41 pm]
BILLING CODE 7535-01-M
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UNITED STATES INTERNATIONAL TRADE COMMISSION

[USITC SE-94-11]

TIME AND DATE: April 11, 1994 at 11:00 a.m.

PLACE: Room 101, 500 E Street S.W., Washington, DC 20436.

STATUS: Open to the public.

1. Agenda for future meeting
2. Minutes
3. Ratification List
4. Inv. No. 701-TA-360-361 (Preliminary) (India and Israel Only) and 
Inv. No. 731-TA-688-695 (Preliminary) (Certain Carbon Steel Butt-
Weld Pipe Fittings from France, India, Israel, Malaysia, Korea, 
Thailand, the United Kingdom, and Venezuela)--briefing and vote
5. Outstanding action jackets:
    1. GC-94-023; Federal Register advanced notice of proposed parts 
201 and 207 rulemaking
    2. GC-94-024; Determination on the issues of remedy, the public 
interest, and bonding in Inv. No. 337-TA-354 (Certain Tape 
Dispensers)
    3. GC-94-028; Request to set aside determination in Inv. No. 
731-TA-571 (F) (Professional Electric Cutting and Sanding and 
Grinding Tools)

    In accordance with Commission policy, subject matter listed above, 
not disposed of at the scheduled meeting, may be carried over to the 
agenda of the following meeting.

CONTACT PERSON FOR MORE INFORMATION: Donna R. Koehnke, Secretary (202) 
205-2000.

    Issued: April 4, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-8475 Filed 4-5-94; 1:29 pm]
BILLING CODE 7020-02-P
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United States Enrichment Corporation
Board of Directors
TIME AND DATE: 8:00 a.m., Monday, April 11, 1994.

PLACE: USEC Corporate Headquarters, 6903 Rockledge Drive, Bethesda, 
Maryland 20817.

STATUS: The meeting will be closed to the public.

MATTERS TO BE CONSIDERED:

     Review of commercial, financial and internal personnel 
issues of the Corporation

CONTACT PERSON FOR MORE INFORMATION: Barbara Arnold 301-564-3354.

    Dated: April 4, 1994.
William H. Timbers, Jr.,
President and Chief Executive Officer.
[FR Doc. 94-8411 Filed 4-4-94; 4:27 pm]
BILLING CODE 8720-01-M