Interpretation ID: 2910yy
Tubex Pty., Ltd.
96 Station St.
Nunawading VIC 3131
AUSTRALIA
Dear Mr. Munro:
This responds to your February 8, 1991 letter to Mr. John Messera of NHTSA's Enforcement Office about the air brake hose (tubing) you manufacture. Your questions have been referred to my office for reply.
By way of background, NHTSA administers Federal regulations for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment (including brake hoses) sold in or imported into this country. The National Traffic and Motor Vehicle Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards (FMVSS's). This process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. NHTSA tests vehicles and equipment sold to consumers for compliance with the FMVSS's and investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which your hoses are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer which fails to provide notification of or remedy for a noncompliance or defect may be subject to a civil penalty of up to $1,000 per violation.
Standard 106 applies to new motor vehicles and to "brake hoses" (which include plastic tubing), brake hose end fittings, and brake hose assemblies. The standard specifies labeling and performance requirements for these products to reduce the likelihood of brake system failure from ruptures in the brake hose or brake hose assembly. New brake hoses, end fittings and assemblies must meet these requirements to be sold in or imported into this country. If the items do not comply, the manufacturer is subject to civil penalties of $1000 per violation, and the notification and remedy provisions of the Safety Act. I have enclosed a copy of the Safety Act for your information.
Your first question asks how you would "register" your hose and "air coil connectors" with NHTSA. By "register," we believe you mean the process by which a manufacturer files a designation with NHTSA that identifies the manufacturer. The manufacturer's designation is marked on its hose, end fittings and assemblies, and assists NHTSA in identifying the manufacturer of noncomplying or defective brake hoses.
The filing and labeling requirements for the manufacturer designation are in S7.2.1 for air brake hose, S7.2.2 for end fittings, and S7.2.3 or S7.2.3.1 for assemblies. To "register" your designation (which may consist of block capital letters, numerals or a symbol), you would simply file the designation in writing with NHTSA's Crash Avoidance Division at the following address: National Highway Traffic Safety Administration, 400 Seventh Street S.W., Washington, D.C., 20590. You may telephone Mr. Vernon Bloom of the Crash Avoidance Division at (202) 366-5277 if you have questions about filing your designation.
Your second question asks whether compliance with SAE Standard J844, "Nonmetallic Air Brake System Tubing" is sufficient to be assured of compliance with FMVSS 106. The answer is no. Your hoses must be certified as meeting FMVSS 106 to be sold in or imported into this country. To determine the answer to your question, you would have to examine SAE J844 and FMVSS 106, and compare their requirements. Where the requirements differ, FMVSS 106 is the standard that must be met.
Your third question asks for information on all Federal requirements for the sale of nylon air brake tubing in the United States. I have enclosed a copy of FMVSS 106 for your reference. I also note that our sister agency in the Department, the Federal Highway Administration, has operational and equipment requirements for trucks used in interstate commerce. If you are interested in that agency's requirements for brake tubing, you can write to them at the address provided in the enclosed information sheet entitled "Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment."
In addition, I have enclosed copies of two procedural requirements you must satisfy in order to sell your products in this country. The first requirement is NHTSA's regulation for manufacturer identification (49 CFR Part 566). This regulation requires a manufacturer of equipment to which an FMVSS applies (e.g., brake hose) to submit its name, address, and a brief description of the items of equipment it manufactures to NHTSA within 30 days after it first imports its products into the United States.
The second requirement is NHTSA's regulation for designations of agents (49 CFR Part 551, Procedural Rules, Subpart D). The regulation requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to me at the following address: Chief Counsel, Room 5219, National Highway Traffic Safety Administration, 400 Seventh St., S.W., Washington, D.C., 20590. The designation must include the following information:
1. A certification that the designation of agent is valid in form and binding on the manufacturer under the laws, corporate-by-laws, or other requirements governing the making of the designation at the time and place where it is made;
2. The full legal name, principal place of business and mailing address of the manufacturer;
3. Marks, trade names, or other designations of origin of any of the manufacturer's products which do not bear its name;
4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;
5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm or a United States corporation; and,
6. The full legal name and address of the designated agent.
7. In addition, the designation must be signed by a person with authority to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.
A final question raised in your letter is whether Table III of Standard 106 applies to rubber hose only. The answer is yes. NHTSA issued a final rule on February 25, 1991 (56 FR 7589) that amended Standard 106 so that Table III expressly applies to rubber brake hoses only, and not hoses made from plastic tubing. A copy of the rule is enclosed.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Paul Jackson Rice Chief Counsel
Enclosures ref:106 d:3/29/9l