Interpretation ID: 7034
Industry Manager, Hose and Tubing
General Electric Company
2 Summit Park Dr.
Suite 410
Independence, OH 44131
Dear Ms. Mathews:
This concerns your letter to the Federal Highway Administration (FHWA) asking about FHWA's regulation 393.45 (49 CFR 393.45) and NHTSA's Federal Motor Vehicle Safety Standard No. 106, Brake Hoses. FHWA provided us a copy of its March 6, 1992 response on regulation 393.45. This letter answers your question about Standard 106.
You ask about S7.3.6, 7.3.10 and 7.3.11 of the standard. Those sections set forth performance requirements for limiting the amount a hose may change in length under specified conditions (S7.3.6), for the tensile strength of a hose assembly (S7.3.10), and for the tensile strength of an assembly after immersion in water (S7.3.11). Each of these sections excludes certain items from the requirement.
Your question relates to those exclusions. S7.3.6 excludes coiled nylon tubes for use in assemblies that meet the FHWA requirements of 393.45. S7.3.10 excludes coiled nylon tube assemblies that meet 393.45. S7.3.11 excludes coiled tube assemblies that meet 393.45.
You ask whether those exclusions in S7.3.6, 7.3.10 and 7.3.11 "require compliance with 393.45." The answer is no. Standard 106 does not require tubing to meet 393.45. Instead, compliance with 393.45 is a condition for excluding the item from S7.3.6, 7.3.10 or 7.3.11.
The other condition, relevant for S7.3.6 and 7.3.10, is that the brake hose be coiled nylon tubing. According to your letter, the brake hose (tubing) of your concern would be made from a material other than nylon. Since the second condition would not be satisfied, such hose would not qualify for the S7.3.6 exception, and an assembly made from such hose would not qualify for the 7.3.10 exception, regardless of whether the hose meets regulation 393.45. Thus, S7.3.6 and 7.3.10 would apply to hose and assemblies made from your product, without exception.
S7.3.11 does not specify that the coiled tubing must be nylon to qualify for the exception. While NHTSA intended to specify nylon (see, preamble to rule adopting the exclusion, 39 FR 28436; August 7, 1974), as adopted, S7.3.11 excludes a "coiled tube assembly" that meets regulation 393.45 from its requirements.
I hope this information is helpful. If you have any further questions, please contact Deirdre Fujita of my staff at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
ref:106 d:5/11/92