Federal Motor Vehicle Safety Standards; Motor Vehicle Brake Fluids, 66228-66229 [2018-27796]

Download as PDF 66228 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules subcontractor employee submitting a whistleblower complaint of reprisal in accordance with 41 U.S.C. 4712 or 10 U.S.C. 2409; or a third party in the name of the United States under the False Claims Act, 31 U.S.C. 3730. For any such proceeding that does not result in a disposition described at 31.205– 47(b)(1) through (5), or to which 31.205– 47(c) exceptions apply, the cost of that proceeding shall be subject to the limitations in 31.205–47(e). PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 18. Amend section 52.203–17 by— a. Revising the section heading; b. Removing from the introductory text ‘‘3.908–9’’ and adding ‘‘3.906’’ in its place; ■ c. Revising the date of the clause; and ■ d. Revising paragraphs (a) and (b) to read as follows: ■ ■ ■ 52.203–17 Contractor Employee Whistleblower Rights. * * * * * Contractor Employee Whistleblower Rights (Date) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and FAR 3.901 through 3.905. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.901 through 3.905. * * * * * 19. Amend section 52.212–4 by revising the date of the clause; and removing from paragraph (r) ‘‘41 U.S.C. 4712 and’’. The revised text reads as follows: ■ * * * * * * * * 20. Amend section 52.212–5 by: a. Revising the date of the clause; b. Redesignating paragraphs (b)(4) through (60) as paragraphs (b)(5) through (61), respectively; ■ c. Adding a new paragraph (b)(4); ■ d. Redesignating paragraphs (e)(1)(ii) through (xxii) as paragraphs (e)(1)(iii) through (xxiii), respectively; ■ e. Adding a new paragraph (e)(1)(ii); ■ f. Revising the date of Alternate II; ■ g. Redesignating paragraphs of Alternate II; (e)(1)(ii)(C) through (T) as paragraphs (e)(1)(ii)(D) through (U), respectively; and ■ h. Adding a new paragraph (e)(1)(ii)(C). amozie on DSK3GDR082PROD with PROPOSALS1 ■ ■ ■ VerDate Sep<11>2014 17:37 Dec 21, 2018 Jkt 247001 * * * * Contract Terms and Conditions Required to Implement Statutes or Executive Orders— Commercial Items (Date) * * * * * (b) * * * ll(4) 52.203–17, Contractor Employee Whistleblower Rights (Date) (41 U.S.C. 4712) * * * * * (e)(1) * * * (ii) 52.203–17, Contractor Employee Whistleblower Rights (Date) (41 U.S.C. 4712) * * * * * Alternate II (Date). * * * * * * * * (e)(1) * * * (ii) * * * (C) 52.203–17, Contractor Employee Whistleblower Rights (Date) (41 U.S.C. 4712) * * * * * ■ 21. Amend section 52.213–4 by revising the date of the clause and paragraph (a)(2)(viii) to read as follows: 52.213–4 Terms and Conditions— Simplified Acquisitions (Other Than Commercial Items). * * * * * Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) (Date) (a) * * * (2) * * * (viii) 52.244–6, Subcontracts for Commercial Items (Date). * * * * 22. Amend section 52.244–6 by— a. Revising the date of the clause; b. Redesignating paragraphs (c)(1)(iii) through (c)(1)(xix) as paragraphs (c)(1)(iv) through (c)(1)(xx), respectively; ■ c. Adding a new paragraph (c)(1)(iii). The revised and added text reads as follows: 52.244–6 Items. * * Subcontracts for Commercial * * * Subcontracts for Commercial Items (Date) * * * * * (c)(1) * * * (iii) 52.203–17, Contractor Employee Whistleblower Rights (Date) (41 U.S.C. 4712) relating to whistleblower protections, if the subcontract is over the simplified acquisition threshold; this clause does not apply to contracts of DoD, NASA, the Coast Guard, or PO 00000 Frm 00066 Fmt 4702 applicable elements of the intelligence community–see FAR 3.900(a). * * * * * [FR Doc. 2018–27493 Filed 12–21–18; 8:45 am] BILLING CODE 6820–EP–P * ■ ■ ■ Contract Terms and Conditions— Commercial Items (Date) * 52.212–5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. * 52.212–4 Contract Terms and Conditions—Commercial Items. * The revised and added text reads as follows: Sfmt 4702 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 571 [Docket No. NHTSA–2010–0012] RIN 2127–AK58 Federal Motor Vehicle Safety Standards; Motor Vehicle Brake Fluids National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Proposed rule; withdrawal. AGENCY: NHTSA withdraws its notice of proposed rulemaking (NPRM), published on February 3, 2010, proposing amendments to the Federal Motor Vehicle Safety Standard (FMVSS) No. 116, Motor Vehicle Brake Fluids. Since publication of the NPRM and after review of the comments, the agency has determined that updates and corrections outside the scope of the notice are necessary in order to publish a final rule. Based on this, the agency has decided to withdraw the proposal to amend FMVSS No. 116. DATES: The NPRM ‘‘Federal Motor Vehicle Safety Standards; Motor Vehicles Brake Fluids,’’ RIN 2027– AK58, published February 3, 2010 (75 FR 5553), is withdrawn as of December 26, 2018. ADDRESSES: Electronic Access: You can view and download related documents and public comments by going to the website https://www.regulations.gov. Enter the docket number NHTSA–2010– 0012 in the search field. FOR FURTHER INFORMATION CONTACT: Joshua Fikentscher, Office of Crash Avoidance Standards (Phone: 202–366– 1810; Fax: 202–493–0073) or Sara R. Bennett, Office of the Chief Counsel (Phone: 202–366–2992; Fax: 202–366– 3820). You may send mail to both of these officials at the National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. SUMMARY: SUPPLEMENTARY INFORMATION: Background Federal Motor Vehicle Safety Standard (FMVSS) No. 116, ‘‘Motor Vehicle Brake Fluids,’’ specifies E:\FR\FM\26DEP1.SGM 26DEP1 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Proposed Rules requirements for fluids for use in hydraulic brake systems of motor vehicle, containers for these fluids, and labeling of the containers. The purpose of this standard is to reduce failures, which may occur because of the manufacture or use of improper or contaminated fluid, in the hydraulic braking systems of motor vehicles. This standard applies to all fluid for use in hydraulic brake systems of motor vehicles. amozie on DSK3GDR082PROD with PROPOSALS1 The NPRM On February 3, 2010, NHTSA published a Notice of Proposed Rulemaking (NPRM) proposing to amend FMVSS No. 116 to include tests to measure the impact of brake fluid on ethylene, propylene, and diene terpolymer (EPDM) rubber, update references to industry standards, and correct minor errors in the standard.1 The supporting rationale for the proposed EPDM testing amendment was that the motor vehicle industry had shifted over the last two decades from using styrene-butadiene rubber (SBR), which is currently covered by FMVSS No. 116, to EPDM rubber. The proposed rule informed the public about the agency’s proposal to amend the standard by: (1) Adding the testing of a terpolymer of ethylene, propylene, and diene (EPDM) rubber to the corrosion test and the temperature sensitivity test; (2) updating the Society of Automotive Engineers International (SAE) and American Society for Testing and Materials (ASTM) references; and (3) correcting minor errors. Comments Received NHTSA received comments on the 2010 NPRM from three manufacturers of brake fluid/components, an international standards organization, and an individual. Two of the manufacturers mentioned that the Compatibility Fluid, RM–66–05, was no longer available, and had been replaced by RM–66–06 or ISO 4926 fluid. All three manufacturers suggested changes to a performance test that was unmentioned in the agency’s proposal. The international standards organization suggested changes that reflected more recent SAE standards. The individual opposed the incorporation of industry standards into Federal regulations and suggested additional performance tests. Reason for Withdrawal Although the agency proposal in 2010 provided amendments to add EPDM rubber to the standard and update the 1 75 FR 5553 (Feb. 3, 2010). VerDate Sep<11>2014 18:03 Dec 21, 2018 Jkt 247001 references to industry standards, further research and studies are necessary to develop a proposed upgrade to FMVSS No. 116 that would effectively provide minimum performance requirements for the type of EPDM rubber currently available. The rubber formulations included in recent updates to industry standards have changed, and the blends referenced in the NPRM include ingredients that are no longer available. In addition to changes to the SBR and EPDM rubber formulations, the agency determined other corrections are necessary that were not included in the NPRM. One such correction brought up by commenters is the reference to the Compatibility Fluid, RM–66–05, which had been replaced by the RM–66–06 fluid. Another correction needed is the hardness test procedure for the EPDM rubber, which had been inadvertently omitted from the proposed performance tests in the NPRM. Finally, NHTSA notes SAE International and the ASTM have updated several of the industry standards and tests referenced in the NPRM since the publication of the notice in 2010. Since publication of the NPRM and after review of the comments, the agency has determined that updates and corrections outside the scope of the notice are necessary in order to publish a final rule, and additional research and data analyses are needed. Accordingly, NHTSA has determined that the proposed updates in the 2010 NPRM to FMVSS No. 116 should not be adopted at this time and is withdrawing the NPRM. Issued in Washington, DC, under authority delegated in 49 CFR 1.95 and 501.5. Heidi Renate King, Deputy Administrator. [FR Doc. 2018–27796 Filed 12–21–18; 8:45 am] BILLING CODE 4910–59–P SURFACE TRANSPORTATION BOARD 49 CFR Parts 1002 and 1312 [Docket No. EP 743] Water Carrier Tariff Filing Procedures Surface Transportation Board. Notice of proposed rulemaking. AGENCY: ACTION: The Surface Transportation Board (STB or Board) proposes a new procedure for water carriers operating in the noncontiguous domestic trade to electronically publish, file, and keep tariffs available for public inspection. As explained in this notice of proposed rulemaking (NPRM), the Board proposes to update its water carrier tariff filing SUMMARY: PO 00000 Frm 00067 Fmt 4702 Sfmt 4702 66229 regulations to reflect current business practices. Comments are due by January 25, 2019. Reply comments are due by February 25, 2019. ADDRESSES: Comments may be submitted either via the Board’s e-filing format or in paper format. Any person using e-filing should attach a document and otherwise comply with the instructions found on the Board’s website at www.stb.gov at the E–FILING link. Any person submitting a filing in paper format should send an original and 10 paper copies of the filing to: Surface Transportation Board, Attn: Docket No. EP 743, 395 E Street SW, Washington, DC 20423–0001. Written comments and replies will be posted on the Board’s website and can also be obtained by contacting the Office of Public Assistance, Governmental Affairs, and Compliance (OPAGAC) at RCPA@stb.gov or (202) 245–0238. FOR FURTHER INFORMATION CONTACT: Michael Higgins at 202–245–0284. Assistance for the hearing impaired is available through Federal Information Relay Service (FIRS) at (800) 877–8339. SUPPLEMENTARY INFORMATION: In April 2017, the Board established its Regulatory Reform Task Force (RRTF), with the primary objective of identifying Board rules and practices that are burdensome, unnecessary, or outdated and to recommend how they should be addressed. See Regulatory Reform Task Force, EP 738 (STB served June 20, 2017). The RRTF identified the current water carrier tariff regulations at 49 CFR part 1312 as imposing significant costs on the carriers as well as the Board. See RRTF 90-Day Status Report (issued May 25, 2017); RRTF Status Report (issued Nov. 21, 2017).1 Accordingly, the proposed rules would update the Board’s regulations to allow water carriers 2 to electronically publish, file, and keep tariffs available for public inspection. The Board anticipates that the new procedures would significantly reduce costs and burdens that water carriers incur in complying with tariffrelated statutory requirements. Background. Water carriers operating in the noncontiguous domestic trade 3 DATES: 1 These status reports can both be accessed on the Board’s website at https://www.stb.gov/stb/about/ RRTF.html. 2 Many water carriers use third-party service providers to manage and maintain their tariffs on the internet. 3 Noncontiguous domestic trade means ‘‘transportation subject to jurisdiction under chapter 135 involving traffic originating in or destined to Alaska, Hawaii, or a territory or possession of the United States.’’ 49 U.S.C. 13102(17). E:\FR\FM\26DEP1.SGM 26DEP1

Agencies

[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Proposed Rules]
[Pages 66228-66229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27796]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. NHTSA-2010-0012]
RIN 2127-AK58


Federal Motor Vehicle Safety Standards; Motor Vehicle Brake 
Fluids

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

ACTION: Proposed rule; withdrawal.

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

SUMMARY: NHTSA withdraws its notice of proposed rulemaking (NPRM), 
published on February 3, 2010, proposing amendments to the Federal 
Motor Vehicle Safety Standard (FMVSS) No. 116, Motor Vehicle Brake 
Fluids. Since publication of the NPRM and after review of the comments, 
the agency has determined that updates and corrections outside the 
scope of the notice are necessary in order to publish a final rule. 
Based on this, the agency has decided to withdraw the proposal to amend 
FMVSS No. 116.

DATES: The NPRM ``Federal Motor Vehicle Safety Standards; Motor 
Vehicles Brake Fluids,'' RIN 2027-AK58, published February 3, 2010 (75 
FR 5553), is withdrawn as of December 26, 2018.

ADDRESSES: Electronic Access: You can view and download related 
documents and public comments by going to the website https://www.regulations.gov. Enter the docket number NHTSA-2010-0012 in the 
search field.

FOR FURTHER INFORMATION CONTACT: Joshua Fikentscher, Office of Crash 
Avoidance Standards (Phone: 202-366-1810; Fax: 202-493-0073) or Sara R. 
Bennett, Office of the Chief Counsel (Phone: 202-366-2992; Fax: 202-
366-3820). You may send mail to both of these officials at the National 
Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Background

    Federal Motor Vehicle Safety Standard (FMVSS) No. 116, ``Motor 
Vehicle Brake Fluids,'' specifies

[[Page 66229]]

requirements for fluids for use in hydraulic brake systems of motor 
vehicle, containers for these fluids, and labeling of the containers. 
The purpose of this standard is to reduce failures, which may occur 
because of the manufacture or use of improper or contaminated fluid, in 
the hydraulic braking systems of motor vehicles. This standard applies 
to all fluid for use in hydraulic brake systems of motor vehicles.

The NPRM

    On February 3, 2010, NHTSA published a Notice of Proposed 
Rulemaking (NPRM) proposing to amend FMVSS No. 116 to include tests to 
measure the impact of brake fluid on ethylene, propylene, and diene 
terpolymer (EPDM) rubber, update references to industry standards, and 
correct minor errors in the standard.\1\ The supporting rationale for 
the proposed EPDM testing amendment was that the motor vehicle industry 
had shifted over the last two decades from using styrene-butadiene 
rubber (SBR), which is currently covered by FMVSS No. 116, to EPDM 
rubber. The proposed rule informed the public about the agency's 
proposal to amend the standard by: (1) Adding the testing of a 
terpolymer of ethylene, propylene, and diene (EPDM) rubber to the 
corrosion test and the temperature sensitivity test; (2) updating the 
Society of Automotive Engineers International (SAE) and American 
Society for Testing and Materials (ASTM) references; and (3) correcting 
minor errors.
---------------------------------------------------------------------------

    \1\ 75 FR 5553 (Feb. 3, 2010).
---------------------------------------------------------------------------

Comments Received

    NHTSA received comments on the 2010 NPRM from three manufacturers 
of brake fluid/components, an international standards organization, and 
an individual. Two of the manufacturers mentioned that the 
Compatibility Fluid, RM-66-05, was no longer available, and had been 
replaced by RM-66-06 or ISO 4926 fluid. All three manufacturers 
suggested changes to a performance test that was unmentioned in the 
agency's proposal. The international standards organization suggested 
changes that reflected more recent SAE standards. The individual 
opposed the incorporation of industry standards into Federal 
regulations and suggested additional performance tests.

Reason for Withdrawal

    Although the agency proposal in 2010 provided amendments to add 
EPDM rubber to the standard and update the references to industry 
standards, further research and studies are necessary to develop a 
proposed upgrade to FMVSS No. 116 that would effectively provide 
minimum performance requirements for the type of EPDM rubber currently 
available. The rubber formulations included in recent updates to 
industry standards have changed, and the blends referenced in the NPRM 
include ingredients that are no longer available.
    In addition to changes to the SBR and EPDM rubber formulations, the 
agency determined other corrections are necessary that were not 
included in the NPRM. One such correction brought up by commenters is 
the reference to the Compatibility Fluid, RM-66-05, which had been 
replaced by the RM-66-06 fluid. Another correction needed is the 
hardness test procedure for the EPDM rubber, which had been 
inadvertently omitted from the proposed performance tests in the NPRM. 
Finally, NHTSA notes SAE International and the ASTM have updated 
several of the industry standards and tests referenced in the NPRM 
since the publication of the notice in 2010.
    Since publication of the NPRM and after review of the comments, the 
agency has determined that updates and corrections outside the scope of 
the notice are necessary in order to publish a final rule, and 
additional research and data analyses are needed. Accordingly, NHTSA 
has determined that the proposed updates in the 2010 NPRM to FMVSS No. 
116 should not be adopted at this time and is withdrawing the NPRM.

    Issued in Washington, DC, under authority delegated in 49 CFR 
1.95 and 501.5.
Heidi Renate King,
Deputy Administrator.
[FR Doc. 2018-27796 Filed 12-21-18; 8:45 am]
BILLING CODE 4910-59-P

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