Reflex & Allen USA, Incorporated, Grant of Petition for Decision of Inconsequential Noncompliance

Jeffrey M. Giuseppe
National Highway Traffic Safety Administration
24 October 2017

[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Notices]
[Pages 49263-49265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22993]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2016-0108; Notice 2]


Reflex & Allen USA, Incorporated, Grant of Petition for Decision 
of Inconsequential Noncompliance

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

ACTION: Grant of petition.

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SUMMARY: Reflex & Allen USA, Incorporated (RAUS), has determined that 
certain Reflex & Allen air brake tubing products do not fully comply 
with Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake 
Hoses. RAUS filed a noncompliance information report dated September 1, 
2016, and amended it on September 13, 2016. RAUS also petitioned NHTSA 
on September 30, 2016, for a decision that the subject noncompliance is 
inconsequential as it relates to motor vehicle safety.

ADDRESSES: For further information regarding this decision please 
contact Leroy Angeles, Office of Vehicle Safety Compliance, the 
National Highway Traffic Safety Administration (NHTSA), telephone (202) 
366-5304, facsimile (202) 366-3081.

SUPPLEMENTARY INFORMATION: 
    I. Overview: Reflex & Allen USA, Incorporated (RAUS), has 
determined that certain Reflex & Allen air brake tubing products do not 
fully comply with paragraph S7.2.1 of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 106, Brake Hoses. RAUS filed a report dated 
September 1, 2016, and amended it on September 13, 2016, pursuant to 49 
CFR part 573, Defect and Noncompliance Responsibility and Reports. RAUS 
also petitioned NHTSA

[[Page 49264]]

on September 30, 2016, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 
49 CFR part 556, for an exemption from the notification and remedy 
requirements of 49 U.S.C. Chapter 301 on the basis that this 
noncompliance is inconsequential as it relates to motor vehicle safety.
    Notice of receipt of the petition was published, with a 30-day 
public comment period, on November 25, 2016, in the Federal Register 
(81 FR 85323). No comments were received. To view the petition and all 
supporting documents log onto the Federal Docket Management System 
(FDMS) Web site at: https://www.regulations.gov/. Then follow the 
online search instructions to locate docket number ``NHTSA-2016-0108.''
    II. Hoses Involved: Approximately 4,500 Reflex & Allen air brake 
hose products manufactured between October 16, 2015, and August 30, 
2016, are potentially involved.
    III. Noncompliance: RAUS explains that the noncompliance is that 
the subject brake hoses are labeled at intervals ranging from 6.5 
inches to 11.5 inches, thereby exceeding 6-inch maximum spacing 
required by paragraph S7.2.1 of FMVSS No. 106.
    IV. Rule Text: Paragraph S7.2.1 of FMVSS No. 106 states:

    S7.2.1 Hose. Each air brake hose shall be labeled, or cut from 
bulk hose that is labeled, at intervals of not more than 6 inches, 
measured from the end of one legend to the beginning of the next, in 
block capital letters and numerals at least one-eighth of an inch 
high, with the information listed in paragraphs (a) through (e) of 
this section. The information need not be present on hose that is 
sold as part of a brake hose assembly or a motor vehicle.

    V. Summary of RAUS's Petition: RAUS described the subject 
noncompliance and stated its belief that the noncompliance is 
inconsequential as it relates to motor vehicle safety.
    In support of its petition, RAUS submitted the following reasoning:
    (a) RAUS notified NHTSA in a 573 report in early September of 2016, 
of a potential noncompliance within a population of air brake tubing 
products. The report was subsequently amended to correct affected part 
numbers. As described in RAUS's noncompliance notification, the subject 
air brake tubing is labeled with the complete and correct identifying 
data, but due to a production error, the labeling appears at intervals 
that exceed the 6-inch maximum spacing required by the standard.
    (b) RAUS noted that all affected products are labeled in accordance 
with the requirements of FMVSS No. 106 S7.2.1 except for the print 
legend spacing.
    (c) These products are sold only to one Original Equipment 
Manufacturer (OEM), Volvo Trucks North America (VTNA), which then 
paints the complete chassis to include painting over the tubing. These 
products meet all applicable performance requirements of FMVSS No. 106. 
These products perform exactly as designed. The safety of the vehicle 
is uncompromised.
    (d) The noncompliant products were produced between October 16, 
2015 and August 30, 2016. VTNA first notified RAUS of the noncompliance 
on August 30, 2016. Immediately on that date, RAUS recalibrated the 
equipment to ensure compliance on all future tubing products and is 
conducting initial and secondary quality checks to guarantee compliance 
prior to shipment to VTNA. VTNA is the only customer that receives 
these products and is fully aware of the situation. RAUS fully believes 
that these labeling errors are inconsequential to motor vehicle safety 
because the tubing is properly identified with all required identifiers 
and meets the standards in every other way. The only noncompliance is 
the spacing in which the print legends exceed 6 inch intervals in 
various measurements ranging from 6.5 inches to 11.5 inches.
    (e) This noncompliance does not create an unreasonable risk of 
death or injury in an accident, nor does it create any operational 
issues or safety concerns regarding the vehicle. The Safety Act allows 
for exemptions for manufacturers from the Safety Act's notice and 
remedy requirements particularly when the noncompliance does not create 
an unreasonable risk of death or injury in an accident.
    (f) The subject brake tubing was marked correctly with all required 
identifiers yet the print legends fell beyond the maximum 6 inch 
intervals. This error is inconsequential to motor vehicle safety. One 
of the main purposes FMVSS No. 106, S7.2.1 is to identify the 
manufacturer of the brake tubing in the event of a product recall. If a 
recall of this air brake tubing were to become necessary in the future, 
the affected products could still be easily identified by the markings 
which are conspicuously printed on all of the tubing.
    (g) There are several examples of NHTSA granting petitions from the 
reporting and notification requirements based on determinations of 
inconsequential noncompliance for similar marking/labeling issues 
including the granting of the Grote Industries LLC petition on January 
23, 2015.
    RAUS concluded by expressing the belief that the subject 
noncompliance is inconsequential as it relates to motor vehicle safety, 
and that its petition to be exempted from providing notification of the 
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the 
noncompliance, as required by 49 U.S.C. 30120, should be granted.

NHTSA Decision

    NHTSA Analyses: NHTSA has reviewed and accepts RAUS's analysis that 
the subject noncompliance is inconsequential to motor vehicle safety. 
Specifically, the labeling interval of the brake hose ranging from 6.5 
inches to 11.5 inches poses little if any risk to motor vehicle safety 
given the fact that every product manufactured by RAUS is labeled with 
all information required by FMVSS No. 106.
    RAUS stated that the subject hoses are sold to only one vehicle 
manufacturer, Volvo Trucks North America (VTNA) and are marked with all 
the required identifiers. In addition, RAUS states that the subject 
hoses meet all FMVSS No. 106 requirements other than the labeling 
interval. As part of NHTSA's review of RAUS's petition, NHTSA contacted 
RAUS to verify that every hose produced is in fact labeled. RAUS 
responded that the subject hoses are manufactured in continuous lengths 
that are labeled. Then the subject bulk hose is shipped or transported 
from RAUS's facilities to VTNA on cardboard reels. RAUS stated that 
VTNA cuts individual hoses from the bulk hose and installs them onto 
vehicle chassis frames. The chassis frames and hoses are painted after 
the brake hoses are installed on the chassis.
    NHTSA evaluated if having the required labeling information in 
intervals of 6.5 to 11.5 inches was inconsequential to safety under 
these circumstances. NHTSA reiterates the need for brake hose labeling 
required by paragraph S7.2 of FMVSS No. 106 which can be summarized as: 
(a) The symbol DOT, constituting the manufacturer's certification that 
the hose conforms to all applicable FMVSS; (b) manufacturer's 
designation; (c) date of manufacture; (d) nominal inside hose diameter; 
and (e) hose type designation. In this situation, all required labeling 
was present on every item sold by RAUS to VTNA. The bulk hose was 
labeled at an interval that ranged from 6.5 to 11.5 inch. NHTSA agrees 
that the users of the bulk brake hose would have ready access to all 
required information during handling and processing of the bulk hose. 
Furthermore, NHTSA agrees with RAUS, that in the event of a recall, 
RAUS or VTNA would be able to easily identify the subject hoses by the 
required markings on the bulk hose

[[Page 49265]]

before the hose is cut or installed in vehicles.
    As part of its analysis, NHTSA also considered if the hoses need to 
be labeled after they are installed on vehicles. Paragraph S7.2.1 of 
FMVSS No. 106 states ``. . . The information need not be present on 
hose that is sold as part of a brake hose assembly or a motor 
vehicle.'' The vehicle manufacturer who installs the subject hoses into 
their vehicles, in this case VTNA, is required to certify the vehicles 
they manufacture meet all applicable Federal Motor Vehicle Safety 
Standards, including FMVSS No. 106. Therefore, VTNA, by cutting and 
installing the hose on its vehicles takes responsibility for the hose 
as part of the vehicle. Should there be an issue with the brake hoses 
installed on VTNA vehicles, VTNA would be responsible for identifying 
scope and conducting a recall of the vehicles.
    RAUS stated that on August 30, 2016, they recalibrated their 
equipment and implemented quality checks to ensure compliance of all 
future hoses delivered to VTNA.
    NHTSA's Decision: In consideration of the foregoing, NHTSA finds 
that RAUS has met its burden of persuasion that the subject FMVSS No. 
106 noncompliance is inconsequential to motor vehicle safety. 
Accordingly, NHTSA hereby grants RAUS's petition and RAUS is 
consequently exempted from the obligation of providing notification of, 
and a free remedy for, that noncompliance under 49 U.S.C. 30118 and 
30120.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and 
30120(h)) that permit manufacturers to file petitions for a 
determination of inconsequentiality allow NHTSA to exempt manufacturers 
only from the duties found in sections 30118 and 30120, respectively, 
to notify owners, purchasers, and dealers of a defect or noncompliance 
and to remedy the defect or noncompliance. Therefore, this decision 
only applies to the subject hoses that RAUS no longer controlled at the 
time it determined that the noncompliance existed. However, the 
granting of this petition does not relieve equipment distributors and 
dealers of the prohibitions on the sale, offer for sale, or 
introduction or delivery for introduction into interstate commerce of 
the noncompliant hoses under their control after RAUS notified them 
that the subject noncompliance existed.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at 
49 CFR 1.95 and 501.8).

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2017-22993 Filed 10-23-17; 8:45 am]
BILLING CODE 4910-59-P