Interpretation ID: nht89-2.72
TYPE: INTERPRETATION-NHTSA
DATE: 08/17/89
FROM: STEPHEN P. WOOD -- NHTSA
TO: CARLOS CHAVEZ R. -- GENERAL MANAGER FRENOS HIDRAULICOS AUTOMOTRICES, S.A. (FHASA/WAGNER)
TITLE: NONE
ATTACHMT: LETTER DATED 04/04/89 FROM CARLOS CHAVEZ R -- FHASA WAGNER TO NHTSA
TEXT: Dear Mr. Chavez:
This responds to your letter requesting information on a DOT "registration" to enable you to sell your products in this country. You state that you manufacture brake fluid, hydraulic brake rubber cups and boots, brake hose and flashers. I regret the de lay in responding.
By way of background, the National Highway Traffic Safety Administration (NHTSA) administers Federal standards for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment (including brake fluid, brake hose, and automot ive lamps) sold in or imported into this country. These standards are issued under the National Traffic and Motor Vehicle Safety Act (copy enclosed), which establishes a "self-certification" process under which each manufacturer is responsible for certi fying that its products meet all applicable safety standards. This process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. (A general information sheet describing manufacturers' re sponsibilities under the Safety Act is enclosed.)
The Federal Motor Vehicle Safety Standards (FMVSS's) that would apply to the products you list are FMVSS No. 106, Brake Hoses, FMVSS No. 108, Lamps, Reflective Devices and Associated Equipment, and FMVSS No. 116, Motor Vehicle Brake Fluids. These standa rds are found in Title 49 of the Code of Federal Regulations Part 571. (Please note that the October 1988 revision of 49 CFR inadvertently omitted Standard No. 116's requirements in paragraphs S5.2.2.2(a) through (g), and S5.2.2.3(a) through (e), with w hich a packager still must comply. These paragraphs are reprinted at the end of the 1988 revision of 49 CFR @ 571.116.)
Your products must meet all applicable requirements of these FMVSS's, and be free from safety-related defects, to be sold in or imported into this
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country. If a manufacturer or NHTSA determines that a noncompliance or safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle ma nufacturer in cases in which your products are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.) Any manufacturer which fails to provide notification of or remedy for a noncompliance or defect may be subject t o a civil penalty of up to $ 1,000 per violation.
We aren't sure what you mean by the DOT "registration," but we believe you are referring to one of several procedural requirements you must satisfy in order to sell your products in this country. The first is 49 CFR Part 566, Manufacturer Identification . This rule requires manufacturers of equipment to which an FMVSS applies ("covered equipment" -- e.g., brake fluid and hoses) to submit its name, address, and a brief description of the items of equipment it manufactures to NHTSA within 30 days after i t first imports its products into the United States.
Second, 49 CFR Part 551, Procedural Rules (Subpart D) requires all manufacturers headquartered outside of 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 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.
Third, Standard No. 106 (Brake hoses) requires brake hose manufacturers to label their hose with a designation (consisting of block capital letters, numerals or a symbol) that identifies the manufacturer of the hose. The designation assists NHTSA in ide ntifying the manufacturers of noncomplying or defective brake hoses. You would file the designation in
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writing with NHTSA's Office of Vehicle Safety Standards, Crash Avoidance Division, 400 Seventh St., S.W., Washington, D.C., 20590.
I hope this information is helpful. I have also enclosed an information sheet describing how you can obtain copies of NHTSA's standards and regulations. Please contact us if you have further questions.
Sincerely,
ENCLOSURES