Interpretation ID: nht75-1.23

DATE: 08/25/75

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Midland-Ross Corporation

TITLE: FMVSS INTERPRETATION

TEXT: Please forgive the delay in responding to your letter of March 24, 1975, to Mr. Schwimmer of this office concerning the application of Federal Motor Vehicle Safety Standard No. 106-74, Brake Hoses, to new brake hose assemblies whose end fittings are partially disassembled by vehicle manufacturers.

You have described brake hose assemblies equipped with permanent end fittings containing sacrificial sleeves. Although the assemblies are complete when delivered by you to a vehicle manufacturer, they must be partially disassembled by him (because they lack swivel fittings) to facilitate installation in vehicles. At this point the vehicle manufacturer does, as you have suggested, become the hose assembler, assuming responsibility for the assemblies' compliance with the standard and relieving you of responsibility for their continued compliance. He is not, however, required to remove the assembler's band which you have installed pursuant to S5.2.4 (as incorporated by reference in S7.2 and S9.1), although he is free to do so; nor is he required to install his own band, because of the exception in S5.2.2 for assemblies which are assembled and installed by a vehicle manufacturer in his own vehicles. Furthermore, he is not required to replace the sacrificial sleeve in the end fittings, because that sleeve has not yet been used.

An aftermarket purchaser who disassembles and then reassembles one of your assemblies also relieves you of responsibility for its continued compliance with the standard. He is not required to remove your assembler's band, nor is he required to replace the sacrificial sleeve.

Sincerely,

ATTACH.

POWER CONTROLS DIVISION Midland-Ross Corporation

March 24, 1975

Mark Schwimmer -- Office of the Chief Counsel, National Highway Traffic Safety Administration

Subject: Interpretation of Federal Motor Vehicle Safety Standard 106-74, Brake Hoses

Dear Mr. Schwimmer:

We manufacture air brake hose end fittings and make hose assemblies for original equipment and aftermarket applications. We produce two basic sytles of end fittings; the type that are crimped or swaged onto the hose, and the type that utilizes a sacrificial sleeve or ferrule. These fittings are assembled on fabric reinforced rubber air brake hose (S.A.E. types A and B) only. We are aware that Federal Motor Vehicle Safety Standard No. 106-74, Brake Hoses, regards both of these designs as permanent end fittings. Several questions have arisen regarding technicalities and responsibilities as interpreted through Standard No. 106-74. Rulings by you or your office are requested on the following specific questions:

1. Hose assemblies are produced for sale to a vehicle manufacturer. The end fittings used are of the sacrificial sleeve type construction. These end fittings do not contain a swivel, as in the crimped fitting design. When we produce these assemblies, they are complete, finished and tagged assemblies, meeting the requirements of Standard No. 106-74. Representative samples of our production are audit tested to verify the compliance. After the hose assemblies are received by the vehicle manufacturer, he must partially disassemble the end fittings (due to the lack of a swivel fitting) in order to secure the hose assembly to the air brake system component. At this point we seek interpretations of the following questions.

a. Does the vehicle manufacturer now become the "hose assembler" and therefore assume all responsibilities of Standard No. 106-74 as the assembler, as well as exonerate us of all the responsibilities as the assembler?

b. If "a" above is answered affirmatively, then should the vehicle manufacturer be obligated to remove our assembler's compliance and identification tag?

c. Is the vehicle manufacturer obligated to replace the sacrificial sleeve in the fittings, even though the hose assembly has not been "used" prior to his installation of the assembly?

2. This same situation could occur in the aftermarket, but with little or no control from our standpoint. We are required by Standard No. 106-74 to tag each assembly. If your ruling to questions 1.a. and 1.b. above is affirmative, then we have no way of knowing if the aftermarket purchaser removes our tag as the vehicle manufacturer would be compelled to do. We can check on an original equipment manufacturer's procedures relatively easily, but it would be virtually impossible for us to police the aftermarket to determine if our compliance and identification tag were wrongfully attached to the assemblies in question. Therefore, in the aftermarket situation we request a ruling to the same three questions as asked in 1.a, 1.b, and 1.c above as they apply to aftermarket sales.

Very truly yours,

Leon C. Huneke -- Chemical Engineer