Interpretation ID: nht87-1.99

TYPE: INTERPRETATION-NHTSA

DATE: 05/27/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Takashi Shimoda -- Chief of Quality Assurance Section, Nichirin Rubber Industrial Co., Ltd.

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Takashi Shimoda Chief of Quality Assurance Section Nichirin Rubber Industrial Co., Ltd. 1118, Sazuchi, Besso-cho Himeji-City, 671-02 JAPAN

This responds to your letter to our office asking two questions about Federal Motor Vehicle Safety Standard No. 106, Brake Hoses. I am pleased to be of assistance.

In your letter, you explain that your company plans to export brake hose assemblies to the United States that are made of resin and other materials. You first ask whether Standard No. 106 applies "equally" to all brake hoses and assemblies regardless of the materials used in their manufacture. Your understanding is correct. Brake hoses and brake hose assemblies may be made from any material as long as they can meet all applicable performance requirements of the standard.

Your second question concerns the standard's whip resistance requirement of S5.3.3 and the whip resistance test of S6.3, You ask for confirmation that cracks in hose specimen are acceptable under S5.3.3 provided that there is no leakage from the hose assembly. Your understanding is correct. S5.3.3 states: "A hydraulic brake hose assembly shall not rupture when run continuously on a flexing machine for 35 hours (S6.3)." The standard defines "rupture" as "any failure that results in separation of a brake hose from its end fitting or in leakage." The determining factor for the whip resistance requirement is thus the pressure maintained by the system. If there is no pressure loss in the system, the brake hose assembly meets S5.3.3, regardless of the presence of cracks in the hose specimen. Please note, however, that although cracks in themselves do not constitute a failure of S5.3.3, the development of cracks caused by exposure to ozone is important for the ozone resistance requirement of S5.3.10.

Since you are planning to import your products into the United States, I am enclosing copies to two procedural rules which apply to all manufacturers subject to the regulations of this agency. The first is 49 CFR Part 566, Manufacturer Identification. This rule requires your company to submit its name, address and a brief description of the items of equipment it manufactures to this agency within 30 days after it imports its products into this country.

The other rule is 49 CFR Part 551, Procedural Rules. Subpart D of this regulation requires all manufacturers headquartered outside of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to the Chief Counsel, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590, and 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.

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.

I hope this information is helpful. Please contact us if you have further questions.

Sincerely,

Erika Z. Jones Chief Counsel

Enclosures

(procedural rules 49 CFR Part 566 and Part 551) omitted

Dear Sir:

Re: Inquiry on FMVSS No. 106 - Brake Hose

We are a manufacturer of brake hoses, and are registered at NHTSA with a maker identification code "NCRN".

Now, we are planning to export to the U.S. brake hose assemblies made of resin which are individually built into motor cycles.

We are aware that the brake hose assemblies are subject to control under FMVSS No. 106.

In this connection, we ask you a few questions on interpretations of FMVSS No. 106.

Question 1. FMVSS No. 106 provides for no regulations on the materials used. We interpret it to equally apply, whether the material is rubber or resin. Is this understanding justifiable?

For the inner tubes and outer covers of the brake hoses we are now manufacturing, we are using rubber.

But under a future plan, we schedule to use nylon for the inner tubes, and thermoplastic polyester resin for the outer covers.

Question 2. On whip resistance:

The standard sets forth the requirement s follows;

A hydraulic brake hose assembly shall not rupture, when run continuously on a flexing machine for 35 hours.

In this test, the time elapsed before a hose assembly, while being tested, has ruptured, causing water inside to leak out, is recorded, to make the judgment on its whip resistance.

If even when cracks have developed which have not lead to leakage from the hose which is under testing, the hose shows no evidence of leakage, while the tester is running, then, we judge this hose acceptable. Is this judgment right?

Thanking you for your early answer.

Very sincerely yours,

Takashi Shimoda Chief of Quality Assurance Section NICHIRIN RUBBER INDUSTRIAL CO., LTD.