Interpretation ID: 1984-3.48

TYPE: INTERPRETATION-NHTSA

DATE: 12/06/84

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Nichirin Rubber Industrial Company, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

U.S. Department of Transportation

Mr. Takashi Shimoda Nichirin Rubber Industrial Company, Inc. 1118 Sazuchi, Bessho-cho Himeji-City, 671-02 JAPAN

Dear Mr. Shimoda:

This responds to your October 8, 1984 letter to the National Highway Traffic Safety Administration (NHTSA) regarding Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake Hoses.

Your first question asked about the manufacturer designation required by S7.2.3(b) of Standard No. 106. According to your letter, "NCRN" has been filed with NHTSA's Office of Vehicle Safety Standards as the designation identifying you as the manufacturer of brake hose. You asked whether you must re-register your designation again in order to manufacture air brake hose assemblies. The answer is no. The designation is intended to identify the manufacturer or assembler of brake hoses in the event of a safety-related defect or a noncompliance necessitated recall. You need register this designation with NHTSA only once, even if you also manufacture air brake hose assemblies.

Your second question asked about 49 CFR Part 393.45, which is referenced in S7.3.10 and S7.3.11 of FMVSS No. 106. Part 393.45 references, among other standards, SAE Standards J1403c for air brake hose assemblies, and J844d for nonmetallic air brake system tubing. You asked whether your understanding is correct that your air brake hose assemblies are required to comply with both FMVSS No. 106 and SAE J1403c. As explained below, your brake hoses are only required to comply with Standard No. 106.

Sections 7.3.10 and 7.3.11 of Standard No. 106 provide that only "coiled nylon tube assemblies" designed for use between frame and axle or between a towed and a towing vehicle are required to comply with Part 393.45. Based on the description in your letter, we believe that the assemblies you manufacture are not coiled nylon tube assemblies. Therefore, your assemblies must conform only to the applicable requirements of FMVSS No. 106.

Your third question asked whether Standard No. 106 applies to hoses labeled (A), (B), (C) and (D) in your illustration. As explained below, we conclude that the standard applies to (A), (B) and (C) since, as we understand your letter, if one of these hoses were to fail, the brake system could not be operated.

"Brake hose" is defined by the standard as:

a flexible conduit, other than a vacuum tubing connector, manufactured for use in a brake system to transmit or contain the fluid pressure or vacuum used to apply force to a vehicle's brakes.

Your hoses would be excepted from the standard only if they do not transmit or contain the brake air pressure used to apply force to a vehicle's brakes. Since a failure of hoses (A), (B) and (C) would result in a loss of air pressure in the brake system, the hoses transmit or contain the pressure used to apply force to the vehicle's brakes and therefore must comply with the standard.

You stated that if (D) were to fail, no influence would be exerted directly on the brakes. We are unable to determine from this information whether (D) transmits or contains the brake air pressure used to apply force to a vehicle's brakes. We suggest that you determine whether a failure of this hose would result in a loss of air pressure in the brake system. If this would be the case, (D) is a brake hose subject to FMVSS No. 106.

Your final question asked about the certification requirements for manufacturers of brake hose assemblies. You stated your understanding that the "parts certification needs to be entirely guaranteed by the hose marker itself."

You are correct that under the National Traffic and Motor Vehicle Safety Act, it is the manufacturer's responsibility to determine whether its vehicles and equipment comply with all applicable safety standards and regulations, and to certify its products in accordance with that determination. As the manufacturer of air brake hose assemblies, you are responsible for certifying that the assemblies meet the applicable requirements of Standard No. 106. While it is up to you to decide whether to obtain the certification from the parts manufacturers that their products comply with Standard No. 106, this information may be useful to you when you certify that your assemblies comply with the requirements of that standard.

Sincerely,

Frank Berndt Chief Counsel

NICHIRIN RUBBER INDUSTRIAL CO., LTD

Chief Counsel National Highway Traffic Safety Administration U.S. Department of Transportation Washington, D.C., 20590 U.S.A.

October 8, 1984

Gentlemen :

Re : Enquiry on parts certification of air brake hose assembly.

We are the maker of brake hose assembly products and our maker's identification symbol "NCRN" is registered at NHTSA. This time we are planning to deliver our air brake hose assembly to a car maker to be assembled into the automobiles which will be exported to the USA market. Allow us to make some questions on the procedure for having the parts certification on our air brake hose assembly.

Question 1 : Inquiry on labeling. As for the nomination to identify the hose maker set forth in FMVSS No. 106 S7.2.1 (b), our symbol "NCRN" has already been registered as the marker or brake hose. We are of the view that no re-registration is necessary for air brake hose assembly this time since the registered "NCRN" applies to it effectively. Is this understanding of ours correct? (1) Does the legal regulation apply only to the hose for main piping? (2) Or, does it apply to all the hoses (A), (B) and (C), which, if destructed, result in causing the brake ineffective? (3) Or, does it apply to all the hoses (A), (B), (C) and (D) as the hoses used in the system even if they do not influence on the brake operation should they be destructed? Question 4 : Inquiry on procedures or parts certification. The parts certification needs to be entirely guaranteed by the hose marker itself. We are of the opinion that it is unnecessary to obtain the certificate even if the approval procedure is taken to NHTSA and AAMVA. Is this understanding of ours correct? Thanks in advance for your reply to above questions at your earliest convenience. Sincerely yours, Takashi Shimoda NICHIRIN RUBBER INDUSTRIAL CO., LTD. Question 2 : Inquiry on applicable regulations for air brake hose assembly. Relating to the item of FMVSS CFR-49-Part 393.45, we assume that the air brake hose must satisfy both the code conditions of FMVSS106 (49 CFR 571.106) and SAEJ1402C. Is this understanding of ours correct? If so, does the performance need to satisfy both the code requirements at the time? Is it enough for the labeling to satisfy only the requirements described in the item FMVSS 106? Question 3 : Inquiry on legal regulation object or hose in air brake system. The outline of air brake system is illustrated below (Fig.1) (A) Hose for main piping. (B) Hose for parking brake. (C) Hose for pressure gauge.

(D) Hose for unloader. If the hoses (A), (B) and (C) out of them should be destructed, the air brake system can not be operative. The hose (D) for unloader is for the circuit or pressure governor which emits the load alleviation signal for air compressor in the event the set pressure of main tank has exceeded the stipulated pressure. Even if this hose is destructed, there is no influence exerted directly on the brake. (In the figure) 1) Valve 2) Main tank 3) Governor 4) Booster 5) Air guage 6) Air chamber 7) Parking brake "SKETCH INSERT HERE"