Interpretation ID: 9929
Rowe Manufacturing
1266 Highway 96 - Box 386
Gladbrook, IA 50635-0386
Dear Mr. Rowe:
This responds to your letter requesting information about Federal requirements applicable to your product, the Glad Grip. You stated that this product serves as a handle to help connect and disconnect truck tractor air brake hoses at the glad hand. I am pleased to have this opportunity to explain our regulations to you.
By way of background, NHTSA is authorized by the National Traffic and Motor Vehicle Safety Act (Safety Act) to issue Federal motor vehicle safety standards (FMVSSs) that set performance requirements for new motor vehicles and new items of motor vehicle equipment, such as your product. However, NHTSA has not issued any FMVSS for your product.
Our standard for brake hoses (FMVSS 106) applies to air brake hoses, end fittings and assemblies installed as original equipment and to those sold in the aftermarket. Standard 106 defines "brake hose end fitting" as a coupler, other than a clamp, designed for attachment to the end of a brake hose. You describe the Glad Grip as a device which attaches to the end fitting of an air brake assembly and the glad hand. Since the brake hose that attaches to the Glad Grip is equipped with its own end fittings, the Glad Grip itself is not an end fitting. Therefore, Standard 106 is inapplicable.
While it does not appear that you will market your device as original equipment on new vehicles, bear in mind that FMVSS No. 121, Air Brake Systems, applies to trucks and trailers. Any new truck or trailer that has your product as original equipment must meet the standard's requirements with your product installed.
I note also that, while NHTSA has not issued any standards for a device such as yours, you are subject to the requirements in sections 151-159 of the Safety Act concerning the recall of products with defects related to motor vehicle safety. In the event that the manufacturer or NHTSA determines that the Glad Grip contains a safety related defect, you as the manufacturer
of the product would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.
Further, the Glad Grip is also subject to the requirements of 49 CFR Part 393.45 and 393.46 (copy enclosed), which are regulations administered by the Federal Highway Administration (FHWA) for commercial vehicles. If you are interested in these FHWA requirements, you can write to that agency at the addressed provided in the enclosed information sheet.
I hope this information is helpful. If you have any other questions about NHTSA's safety standards, please contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992.
Sincerely,
John Womack Acting Chief Counsel
Enclosures
ref:106 d:5/18/94