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Interpretation ID: 4-15-02 Meier ltr

Mr. Norbert Meier
WIRA Fahrzeug-und Maschinenteile GmbH
Alte Papiermuehle Haemmern 8
D-51688 Wipperfuerth
Bundesrepublik Deutschland

Dear Mr. Meier:

This responds to your e-mail about marking requirements for air brake end fittings in Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake Hoses (49 CFR 571.106).

You explain that your company manufactures compression and push-in end fittings for air brake systems used on commercial vehicles. You indicate that a major truck builder has asked your company to mark the end fittings in accordance with FMVSS No. 106. You ask how you would go about receiving approval to mark your company's products with the "DOT" symbol. You also note that your company does not produce tubing or hoses, just end fittings, and you indicate that the assembly of the fittings with the tubes/hoses is done by the truck or trailer builder.

At the outset, I would like to make clear that the United States does not use a certification process similar to that used by the European countries, in which a manufacturer delivers its products to be certified to a governmental entity, and that entity tests the products to determine if they comply with the applicable standards. Instead, in the United States, the individual manufacturer of the products is responsible for assuring and certifying that its products meet all applicable U.S. safety standards. After the manufacturer has made the necessary certifications, the products may be sold to the public without any "approvals" or "endorsements" from this agency.

Marking requirements for end fittings are set forth in 49 CFR 571.106, paragraph S7.2.2 (subparagraphs (a) through (d)), copy enclosed. All end fittings, except those that are permanently attached to the hose by crimping or swaging, must be marked. Because the end fittings your company manufactures are not permanently attached, FMVSS No. 106 requires that they be "etched, embossed, or stamped in block capital letters and numerals at least one-sixteenth of an inch high" as described in the following paragraphs.

First, each end fitting must be marked with the symbol "DOT," indicating that the fitting has been certified to meet all applicable FMVSS. (See S7.2.2(a).) Second, the end fitting must be marked with a designation identifying your company as the manufacturer of the fitting ("manufacturer's designation.)" (See S7.2.2(b).) The process for filing a manufacturer's designation with the National Highway Traffic Safety Administration (NHTSA) is discussed in greater detail below. Third, each end fitting must be marked with the letter "A" to indicate that it is intended to be used in air brake systems. In addition, if the fitting is intended to be used in a reusable assembly with brake hose specified in Table III of paragraph S7.1 of FMVSS No. 106, then the letter "A" must be followed by a Roman numeral indicating the hose's type (for example, "AI" signifies Type I air brake hose). (See S7.2.2(c).)

Fourth, if the end fitting is intended for use with air brake hose, it must be marked to indicate the nominal inside diameter of the hose, expressed in inches, fractions of inches, or millimeters. If, on the other hand, the fitting is intended for use with plastic air brake tubing, it must be marked to indicate the nominal outside diameter of the tubing, expressed in inches, fractions of inches, or millimeters, followed by the letters "OD." If the nominal inside/outside diameter is expressed in millimeters, the number representing the size must be followed by the designation "mm." (See S7.2.2(d).)

Prior to marking your products to certify compliance with FMVSS No. 106, you must file a manufacturer's designation with this agency at the following address: Office of Vehicle Safety Compliance, Equipment and Imports Division (NSA-32), National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590. The designation is intended to identify the manufacturer of the end fittings in the event a safety-related defect or noncompliance is determined to exist. There is no standard form for manufacturers to register their designation. Designations may consist of letters, numerals, or a symbol, or any combination of these. If your chosen designation has not been selected previously by another manufacturer, it will be accepted and recorded by NHTSA.

For your information, we also note two procedural requirements that apply to manufacturers headquartered outside the United States. The first is 49 CFR Part 566, Manufacturer Identification (copy enclosed). This regulation requires your company to submit its name, address, and a brief description of the items of equipment it manufactures to the agency within 30 days after it first imports its products into the United States. 49 CFR 566.5, Requirements. This information should also be sent to the Office of Vehicle Safety Compliance at the address listed above.

The second requirement is 49 CFR Part 551, Procedural Rules (copy enclosed). Subpart D of this regulation requires all manufacturers headquartered outside 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 the Office of the Chief Counsel, General Law Division, National Highway Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC 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 U.S. corporation; and

  6. The full legal name and address of the designated agent.

In closing, we note that the agency has been petitioned to update FMVSS No. 106, including the requirements for end fittings. NHTSA granted the petition and is now evaluating the issues raised therein. If you are interested in reviewing a copy of this petition, you may access it at the following web address: http://dms.dot.gov/search/document.cfm?documentid=46189&docketid=4367

I hope this information is helpful. In addition to the above, I am also enclosing a manufacturer's information sheet. If you have any questions, please contact Robert Knop of this office at (202) 366-2992.

Sincerely,
Jacqueline Glassman
Chief Counsel
Enclosures
ref:106
d.5/13/02