Interpretation ID: GF002676

Mr. Dale W. Soos
Sr. Project Engineer
Intertek ETL SEMKO Division
3933 US Route 11
Cortland, NY 13045

Dear Mr. Soos:

This responds to your e-mail of April 17 asking about the length of hose specimens required for certification under Standard No. 106, Brake Hoses. In your e-mail, you state that your client intends to manufacture a single brake hose product line that would feature length variation, so that individual brake hoses can properly fit custom-built trailers. You ask whether a single hose length can be used to certify an entire product line. The issues raised by your letter are addressed below.

By way of background, the National Highway Traffic Safety Administration (NHTSA) administers Federal requirements applicable to 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. In certain circumstances, a manufacturer of a noncomplying product may also face a civil penalty of up to $5,000 for each noncomplying item it produces.

Standard No. 106 applies 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.

As previously stated, NHTSA relies on self-certification process where each manufacturer certifies its product. Accordingly, we are not in position to determine whether it would be prudent for you to use a single hose length to certify the entire product line. A manufacturer is responsible for determining the testing and analysis necessary for certification. We note that in carrying out the self-certification, each manufacturer is expected to exercise due care and sound engineering judgment. If later asked to do so by the agency, a manufacturer would have to be able to show it was reasonable to believe that a shorter hose lengths meeting the specified performance requirements accurately predicted the performance of a longer hose length, or vice versa, since all hoses must comply with the performance requirements specified by the standard. Thus, NHTSA cannot comment on whether there is any appropriate representative hose length.

I hope this information is helpful. If you need further assistance, please contact George Feygin of my staff at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:106
d.6/3/03