Interpretation ID: aiam1917
United States Senate
Washington
D.C. 20510;
Dear Senator Cranston: #I am writing in response to your letter o April 14, 1975, in which you requested information on Federal Motor Vehicle Safety Standard No. 106-74 (49 CFR Part 571.106-74) and its relation to the enclosed letter you had received from Mr. Thomas Z. Marshall of San Francisco. #Standard No. 106-74 specifies performance and labeling requirements of motor vehicle brake hose, brake hose end fittings, and brake hose assemblies. Because labeling applied to hose and end fittings cannot satisfactorily identify the manufacturer of an assembly made up of those components, S7.2 of the standard (by incorporating S5.2.4) requires certain assemblies to be labeled by means of a band. By identifying the manufacturer and the date of production, this permits both the enforcement of the standard's performance requirements and the tracing of defective assemblies. #Mr. Marshall appears to have misunderstood some aspects of the standard. While each manufacturer of brake hose assemblies must initially inform the NHTSA of the identifying designation he intends to use on his bands, these is no requirement that he keep records of assemblies made or send such records to this agency. In addition, the bands need not be metallic, but may be of other materials which are less expensive to produce. Mr. Marshall has correctly pointed out, however, that the standard in its present form specifies the same requirements for large manufacturers, repair shops, and individual truck owners. In recognition of the burdens thus imposed on a person who manufactures only a small number of assemblies, the NHTSA proposed an amendment of the definition of brake hose assembly, to exclude certain assemblies from the requirements of the standard (40 Fr 8962, March 4, 1975, copy enclosed). We expect to act on that proposal in the near future. #Sincerely, James C. Schultz, Chief Counsel;