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Interpretation ID: 22199.jeg



    Mr. Jeffrey William Clawson
    Cooper-Standard Automotive Fluid Systems
    Corporate Fuel and Brake Applications Laboratory
    3955 Pinnacle Court
    Auburn Hills, MI 48326


    Dear Mr. Clawson:

    This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake Hoses. In your letter, you state that you will be supplying "brake jumpers" to General Motors for production year 2002 vehicles. Based on a telephone conversation with you, we understand that "brake jumpers" are hydraulic brake hose assemblies. You state that it is your opinion "that as a Tier I supplier of brake lines a band on the part is not necessary." You note, however, that paragraph S5.2.4.1 of FMVSS No. 106 states that at least one end fitting must be stamped or otherwise designated with an identifying code or logo, and state that you are not sure whether this requirement applies to Tier I suppliers. You ask us to "advise if registration is necessary," and if so, how you should approach the matter. Your questions are addressed below.

    By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue Federal motor vehicle safety standards applicable to the manufacture and sale of new motor vehicles and items of motor vehicle equipment. One of the standards we have issued is FMVSS No. 106, Brake Hoses, which applies to new motor vehicles and to hydraulic, air, and vacuum brake hose, brake hose assemblies, and brake hose end fittings.

    Your questions concern the labeling requirements set forth in S5.2.4 of FMVSS No. 106. That paragraph states in relevant part:

      S5.2.4 Each hydraulic brake hose assembly, except those sold as part of a motor vehicle, shall be labeled by means of a band around the brake hose assembly as specified in this paragraph or, at the option of the manufacturer, by means of labeling as specified in S5.2.4.1. . . . (Emphasis added.)

    Your letter raises two issues:

      (1) Whether, because you are a tier I supplier, your brake hose assemblies are excluded from the labeling requirements of S5.2.4, and

      (2) Whether, even if your brake hose assemblies are excluded from the labeling requirements of S5.2.4, they are subject to S5.2.4.1.

    Under paragraph S5.2.4, hydraulic brake hose assemblies that are sold as part of a motor vehicle are expressly excluded from that paragraph's labeling requirements. Moreover, S5.2.4 specifies that the labeling requirements of S5.2.4.1 are an option to those specified in S5.2.4. Therefore, hydraulic brake hose assemblies that are sold as part of a motor vehicle are excluded from the labeling requirements of both S5.2.4 and S5.2.4.1.

    I note, as historical background, that the S5.2.4 exclusion initially applied only to assemblies "assembled and installed by a vehicle manufacturer in vehicles manufactured by him." In expanding this exclusion by removing the requirement that the assembly must be assembled by the vehicle manufacturer, NHTSA explained:

      Assemblies installed in new vehicles need not bear a label because the vehicle certification and identification information serves to certify and identify the hose assembly. NHTSA believes it would make no difference whether the vehicle manufacturer itself produced the assembly.

    See Notice of Proposed Rulemaking, 56 FR 7640-41, February 25, 1991; Final Rule, 56 FR 50520-21, October 7, 1991.

    Thus, if all the brake hose assemblies you supply to General Motors are installed in and sold as part of new vehicles, they are excluded from the labeling requirements of both S5.2.4 and S5.2.4.1. However, if General Motors were to sell some of the brake hose assemblies you supply to it as replacement equipment, those assemblies would not be excluded from these requirements. If this is a possibility, it might be easier for you to simply label all of the assemblies in accordance with S5.2.4 or S5.2.4.1. Since General Motors will know how it will use the assemblies, we suggest that you consult with it about this matter.

    Paragraphs S5.2.4 and S5.2.4.1 specify, among other things, that the assembly be labeled with:

      A designation that identifies the manufacturer of the hose assembly, which shall be filed in writing with: Office of Crash Avoidance Standards, Vehicle Dynamics Division, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, DC 20590. The designation may consist of block capital letters, numerals or a symbol.

    I note that our Office of Vehicle Safety Compliance now has the responsibility within NHTSA for handling and maintaining these designations. We plan to change the address in Standard No. 106 to reflect this change. You may contact James Gilkey of our Office of Vehicle Safety Compliance, at (202) 366-5295, concerning how to file such a designation.

    I hope this information is helpful. Please feel free to contact Edward Glancy of this office at (202) 366-2992 if you have any further questions or need additional information .

    Sincerely,

    John Womack
    Acting Chief Counsel
    ref:106
    d.4/23/01