NHTSA Withdraws 2010 NPRM to Amend Brake Fluid Standards

Date: January 8, 2019

NHTSA decided to withdraw a 2010 proposed rule that proposed to amend the motor vehicle brake fluid standards (FMVSS No. 116). The agency concluded that, after reviewing its original proposal and the public comments, some of the updates and corrections that would be required would be outside the scope of the proposal in order to issue a final rule.

NHTSA’s 2010 proposed rule sought 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. The agency also determined that other corrections are necessary that were not included in the original proposed rule.

“Although the agency proposal 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,” stated NHTSA in the withdraw notice. “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.”

Therefore, NHTSA 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. NHTSA did not address any future next steps in the withdraw notice.

For more information, contact Leigh Merino.

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