Interpretation ID: 86-5.9
DATE: 09/02/86
FROM: AUTHOR UNAVAILABLE; Stephen P. Wood for Erika Jones; NHTSA
TO: Mr. Roger F. Hagie
TITLE: FMVSS INTERPRETATION
TEXT:
Mr. Roger F. Hagie Government Relations Manager Kawasaki Motors Corporation, D.S.A. P.O. Box 11447 Santa Ana, CA 92711
Dear Mr. Hagie:
This responds to your April 11, 1986, letter to this office requesting an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 106, Brake Hoses. We regret the delay in our response.
You asked whether brake hoses that comply with all requirements of Standard No. 106 except the whip resistance test of S5.3.3 may be used in locations not subject to movement during vehicle operation. As explained below, the answer to your question is no.
As you know, Standard No. 106 defines "brake hose" 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." Manufacturers of brake hoses must certify that their hoses comply with all applicable requirements of the standard. From your letter, it appears that while you agree that the equipment you manufacture are brake hoses, you believe that they should not be subject to the whip resistance test because your hoses would not be used between articulating parts.
We do not agree that the whip test does not apply to brake hoses used between non-articulating parts. No provision has been made in the standard or in the whip resistance test of S5.3.3 to exclude hoses manufactured for use between non-moving parts. In contrast, the standard has set separate requirements under certain tests for brake hoses used betheen articulating parts hhen it is appropriate to distinguish between articulat ng and non-articulating applications (see, for example, the tensile strength test of S7.3.10 for air brake hose assemblies).
Further, we believe that there is a safety need to test brake hoses intended for non-articulating applications for fatigue resistance, since they are also subject to vibration, bending and articulating stress while the motor vehicle is being operated or repaired.
If you have further questions, please let me know.
Sincerely,
Erika Z. Jones Chief Counsel
April 11, 1986
Erika Z. Jones, Esq. Chief Counsel National Highway Traffic Safety Administration 400 Seventh Street., N.W. Washington, D.C. 20590
Re: Request for Interpretation, FMVSS 106
Dear Ms. Jones:
By this letter, Kawasaki Motors Corp., U.S.A. requests an interpretation of the applicability of 49 CFR Part 571.106 (FMVSS 106 - Brake Hoses) to a proposed installation of brake hose to a Kawasaki motorcycle.
Background to Request
Standard 106 defines "brake hose" as "a flexibly conduit . . . manufactured for use in a brake system to transmit or contain the fluid pressure . . . used to apply force to a vehicle's brakes." In introducing amendments to Standard 145, NHTSA states that "(c)hassis plumbing1/ which is flexible fails within the definition of brake hose." (Docket No. 1-5; Notice 8; 38 F.R. 31302.) This pronouncement provoked a number of responses, leading NHTSA to clarify that ". . . a safety need exists to include flexible chassis plumbing in this standard because it is used in the same environment as hose located at articulating points and is subject to many of the same types of stress, including heat, cold, and pressure." (Docket No. 1-5; Notice 10; 39 F.R. 7425.)
However, apparantly realizing that not every installation of flexible hose as chassis plumbing would be, in fact, subject to the same range of stress as that applied to hose connecting the chassis and a wheel-mounted brake system, NHTSA stared that it "will continue to provide interpretations (concerning the applicability of the standard to specific installations) to interested persons upon request." (ibid.) This policy was subsequently restated by NHTSA in Docket 1-5; Notice 11; 39 F.R. 24012: "The NHTSA continues to believe that this concept can best be treated on a case-by-case request for interpretation . . ."
1/ Chassis plumbing, which is not defined to Kawasaki's knowledge, is assumed to refer to brake hoses or lines which are firmly attached to the chassis and are not required to "flex" to accomodate movement such as between chassis and wheel or between tractor and trailer.
Request
Kawasaki wishes to know whether NHTSA would agree that brake hose which complies with all requirements of FMVSS 106 except Section 5.3.3 (Whip resistance) may be used as chassis plumbing, i.e., installed in a location not subject to movement during vehicle operation.
Your earliest consideration of this request will be appreciated.
Sincerely, KAWASAKI MOTORS CORP., U.S.A.
Roger F. Hagie Government Relations Manager
RFH:jb