Interpretation ID: 6975
Acting Chief Counsel for Advocacy
U.S. Small Business Administration
Washington, D.C. 20416
Dear Mr. Moore:
Thank you for your letter concerning a petition for rulemaking on Federal Motor Vehicle Safety Standard No. 106, Brake Hoses. While your letter did not identify the petitioner by name, your concerns relate to issues raised in Philatron International's petition to the agency.
Philatron requested that the National Highway Traffic Safety Administration (NHTSA) remove Standard No. 106's oil resistance requirement for "air brake tubing." Philatron believed that there was no safety need for the requirement and that it impeded new developments in technology. The petitioner asked that the agency conduct rulemaking to remove the requirement without first providing notice or seeking public comment.
Your letter supports Philatron's petition. Further, it endorses the idea of our issuing an interim final rule which removes the oil resistance requirement from the standard, and then asks us to study the merits of the requirement, pending issuance of a final rule.
This agency is, of course, sensitive to the concerns of small businesses and currently is carefully reviewing its regulations pursuant to the President's recent directive. As required by NHTSA's regulation for rulemaking petitions (49 CFR Part 552), we are evaluating Philatron's petition to determine whether there is a reasonable possibility that the requested order would be issued at the conclusion of a rulemaking proceeding. Please note that NHTSA views the issues and facts relevant to the petition as being more involved than the information available to you may suggest. In addition, please note further that, if a proceeding were commenced, it would be a normal notice and comment proceeding as required by the Administrative Procedure Act.
We appreciate your interest in this matter and will carefully consider your views as part of the petition evaluation process.
Sincerely,
Jerry Ralph Curry
ref:106 d:3/10/92