Interpretation ID: 17174.wkm

Mr. Celso G. Longhi
Mr. Alfredo C. Filho
Product Development
SABO
Rua Gino Cesaro 210
Sao Paulo, S.P., Brazil 05038

Dear Messrs. Longhi and Filho:

Please pardon the delay in responding to your letter faxed to Mr. Marvin Shaw, formerly of this office. You state that you are developing a vacuum hose for Ford and that you were advised that you must identify the hose with "DOT" in accordance with Federal Motor Vehicle Safety Standard (Standard) No. 106, Brake hoses (copy enclosed). You also state that you understand that this symbol identifies your company. You ask us to let you know what is necessary in order to mark your product.

For your general information, the National Highway Traffic Safety Administration (NHTSA) has the authority under U. S. law to issue Federal motor vehicle safety standards (FMVSS) applicable to new motor vehicles and new items of motor vehicle equipment. The law establishes a self-certification system in which vehicle and equipment manufacturers certify that their products comply with all applicable FMVSSs. NHTSA enforces the FMVSSs by purchasing vehicles and equipment and testing them for compliance with applicable standards. NHTSA also investigates defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a noncompliance or a safety-related defect exists, the manufacturer must notify purchasers of that product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which your hoses are installed on a new vehicle by or with the express authorization of that vehicle manufacturer). Any manufacturer that fails to provide notification of or remedy for a noncompliance or defect may be subject to a civil penalty of up to $1,100 per violation.

Standard No. 106, to which you alluded in your letter, specifies performance and labeling requirements for motor vehicle brake hoses, brake hose assemblies, and brake hose end fittings. With respect to vacuum hoses, please refer to subsection S9, Requirements - vacuum brake hose, brake hose assemblies, and brake hose end fittings beginning on page 216. Subparagraph S9.1.1(a) requires hoses to be marked with the symbol "DOT" to represent the manufacturer's certification that the hoses comply with all applicable FMVSSs. A separate marking identifying the manufacturer is required by S9.1.1(b). The manufacturer's marking may consist of block capital letters, numerals, or a symbol, and must be filed in writing with the Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, DC 20590.

In addition to the requirements described above, please note that your manufacture of brake hoses may also be affected by NHTSA's longstanding interpretation of our regulation on manufacturer identification (49 CFR Part 566, copy enclosed), if Ford sells vehicles equipped with your brake hoses in this country. This rule requires a manufacturer of equipment to which an FMVSS applies ("covered equipment" - in this case, brake hoses) to submit its name, address, and a brief description of the items of equipment it manufactures to NHTSA separately from the vehicle manufacturer to which the equipment manufacturer supplies its products. NHTSA has interpreted that regulation to require the information from foreign manufacturers of covered equipment supplying their products to a foreign vehicle manufacturer selling its vehicles in the U.S. (see enclosed copy of NHTSA letter to Mr. Virve Airola, dated May 31, 1990; and enclosed Brake Hose Application).

Please note also that under 49 CFR Part 551, Subpart D (copy enclosed), SABO must designate an agent if SABO decides to offer its equipment for importation into the U.S.

Also enclosed for your information are fact sheets entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA's Safety Standards and Regulations.

I hope this information is helpful to you. Should you have an questions or need additional information, feel free to contact Walter Myers of my staff at this address or by telephone at (202) 366-2992, fax (202) 366-3820.

Sincerely,
John Womack
Acting Chief Counsel
Enclosure
Ref:106
d.5/1/98