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Interpretation ID: 21552



    Mr. Juergen Lucht
    WIKA Alexander Wiegand GmbH & Co (WIKA)
    Dept. GLZ-ID-QN
    D 63911 Klingenberg
    Germany

    Dear Mr. Lucht:

    This responds to your letter asking about Federal requirements for an air brake pressure hose fitting used in a gauge manufactured by your company. I am pleased to provide this information.

    By way of background, the National Highway Traffic Safety Administration (NHTSA) administers Federal requirements for the manufacture and sale of new motor vehicles and certain items of motor vehicle equipment, including brake hoses. NHTSA issues Federal motor vehicle safety standards applicable to new vehicles and equipment. Chapter 301 of Title 49 of the United States Code, "Motor Vehicle Safety" (49 U.S.C. 30101 et seq.), establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable Federal motor vehicle safety standards. NHTSA tests vehicles and equipment for compliance with the Federal motor vehicle safety standards and investigates defects relating to motor vehicle safety. 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. (This responsibility is borne by the vehicle manufacturer in cases in which an item of original equipment is installed on a new vehicle by the vehicle manufacturer.) A manufacturer of a noncomplying product is also subject to a civil penalty of up to $1,100 for each noncomplying item it produces. I have enclosed an information sheet that highlights the responsibilities you must meet as a manufacturer of motor vehicle equipment.

    Standard No. 106
    One of the standards we issued is Standard No. 106, "Brake Hoses," which applies to new motor vehicles and to brake hoses (which include plastic tubing), brake hose end fittings, and brake hose assemblies. The standard specifies labeling and performance requirements for these products to reduce the likelihood of brake system failure from ruptures in the brake hose or brake hose assembly. New brake hoses, end fittings, and assemblies must meet these requirements to be sold in or imported into this country. If the items do not comply, the manufacturer is subject to the civil penalties and the recall responsibilities mentioned above.

    From the information provided in your letter, it appears that WIKA manufactures a dashboard-mounted brake system pressure gauge which is connected to the brake system through a compressed air hose. Your letter did not provide sufficient information for us to offer an opinion as to whether the air lines and end fittings used with your product would be considered "brake hoses" and "brake hose end fittings" subject to the requirements of Standard No. 106, or whether an assembly of hose and end fitting would be a "brake hose assembly" as defined in the standard. Note, however, that it has been NHTSA's long-standing position that accessory air lines and end fittings, such as those used in your product, are "brake hoses" and "brake hose end fittings" if a failure of the line or fitting would result in a loss of pressure in the vehicle's brake system. (See the enclosed June 5, 1987, letter to Albert Schwarz, and the August 3, 1984, letter to Terry Teeter.) Accordingly, if a failure of the accessory lines or fittings used with your product could result in a loss of pressure in the brake system, the hoses, fittings and assemblies are subject to the provisions of Standard No. 106. Chapter 301 states that "a person may not manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States" any of the hoses, end fittings or assemblies unless the products comply with all of the applicable requirements in Standard No. 106.

    A copy of Standard No. 106 is enclosed. In addition, you may access this standard and other Federal motor vehicle safety standards through the NHTSA website at www.nhtsa.dot.gov.

    You ask several specific questions, which I will address below.

    Registration Requirements
    You first ask, "What are the usual procedures for a DOT registration like?" If you are asking about a pre-sale approval process, as explained above, NHTSA does not approve manufacturers' products or conduct pre-sale testing of their products. In the United States, the individual manufacturer must self-certify its product as complying with all applicable Federal motor vehicle safety standards.

    If you are asking about the labeling requirements of Standard No. 106, the standard requires manufacturers to label their brake hoses, end fittings, and assemblies with certain information, including a manufacturer's designation (see S7.2.1(b), S7.2.2(b), and S7.2.3(b)). The designation assists NHTSA in identifying the manufacturer of noncomplying or defective products. Assuming that your products are subject to Standard No. 106, the manufacturer must file its designation (which may consist of block capital letters, numerals or a symbol) in writing with NHTSA's Office of Vehicle Safety Compliance, National Highway Traffic Safety Administration, 400 Seventh Street, SW, Washington, DC 20590.

    Enforcing Standard No. 106
    You also ask how a manufacturer establishes conformity with our standards and whether a manufacturer may perform certification testing on its own or must use an independent test facility or qualified expert. As noted above, it is the manufacturer's responsibility to certify that its products meet all applicable standards. In meeting this responsibility, the manufacturer need not use an independent test facility and is not required to test in a particular manner. However, manufacturers must exercise due care when making the certification. Once your company has determined that the hoses, end fittings, and assemblies comply with the requirements of Standard No. 106, the standard requires you to mark these products with the symbol "DOT" to show your company's certification of compliance, as specified in the standard.

    This agency enforces the requirements of Standard No. 106 by purchasing brake hoses, end fittings, and assemblies. The certified products are tested by the agency according to the procedures specified in the standard. If the products pass these tests, no further actions are taken.

    Procedural Requirements
    I would like to discuss two procedural requirements you must meet to sell your products in this country. The first requirement is NHTSA's regulation for manufacturer identification (49 CFR Part 566). This regulation requires a manufacturer of equipment to which an FMVSS applies (e.g., brake hoses) to submit its name, address, and a brief description of the items of equipment it manufactures to NHTSA within 30 days after it first imports its products into the United States.

    The second requirement is NHTSA's regulation for designations of agents (49 CFR Part 551, Procedural Rules, Subpart D). The regulation 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 processes, notices, orders and decisions. This designation should be

    mailed to me at the following address: Chief Counsel, Room 5219, National Highway Traffic Safety Administration, 400 Seventh St., S.W., Washington, D.C., 20590. The designation 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 agency 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.

    Fees or Costs
    Finally, you ask what fees or costs are required for registration and inspection. As noted above, NHTSA does not approve products prior to sale and would inspect a product as part of its compliance testing program. Manufacturers and importers of brake hoses are required to register with the agency and all importers and manufacturers of motor vehicles or motor vehicle equipment are required to meet the identification requirements, and importers are required to provide NHTSA with the identification of an agent for service of process. There are no fees associated with these requirements.

    I hope this information is helpful. Please feel free to contact Mr. Otto Matheke of this office at (202) 366-5253 if you have any further questions or need additional information .

    Sincerely,

    Frank Seales, Jr.
    Chief Counsel

    Enclosures
    ref:106
    d.10/17/00