Interpretation ID: 7302
U. S. House of Representatives
255 West Main Street, Room 102
P.O. Box 136
Charlottesville, VA 22902-0136
Dear Mr. Allen:
Thank you for your letter in support of Philatron International's request for an immediate temporary exemption from the oil resistance requirement of Federal Motor Vehicle Safety Standard 106, Brake Hoses. The National Highway Traffic Safety Administration (NHTSA) can appreciate the concern you have for distributors of Philatron's brake hoses such as your constituent, Truck Parts East.
NHTSA closely examined Philatron's request and determined that the agency cannot provide the requested exemption. The reasons underlying this conclusion are fully explained in a May 26, 1992, letter from Chief Counsel Paul Jackson Rice to Anthony D. Padgett, counsel for Philatron. In his letter, the Chief Counsel explained that Philatron, as a manufacturer of motor vehicle equipment, is not eligible to be considered for an exemption under the National Traffic and Motor Vehicle Safety Act. The Chief Counsel also concluded that a proceeding resulting from Philatron's rulemaking petition must include a full notice and comment procedure. A copy of the letter is enclosed.
I would like to clarify an aspect of our rulemaking procedures mentioned in your letter. While it is correct that the National Highway Traffic Safety Administration granted Philatron's rulemaking petition to amend Standard 106's oil resistance requirement, the agency did not inform Philatron that such an amendment would in fact be adopted. Whenever the agency grants a rulemaking petition, it states that it will subsequently decide whether to issue the requested rule based on all available information developed in the course of the rulemaking proceeding, in accordance with statutory criteria.
We hope that this information is helpful.
Sincerely,
Frederick H. Grubbe Acting Administrator Enclosure Letter Dated May 26, 1992
cc: Washington Office
ref:106 d:6/15/92