Interpretation ID: nht75-1.24

DATE: 03/18/75

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Stratoflex, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is to confirm the interpretation of the labeling requirements of Federal Motor Vehicle Safety Standard No. 106-74, Brake Hoses, which I gave in a telephone conversation on February 27, 1975.

S5.2.4 of the standard requires each brake hose assembly to be labeled with a band. The band must include, among other information, "a designation that identifies the manufacturer of the hose assembly. . . ." A brake hose distributor who manufactures assemblies at multiple locations is not required to assign a designation to each location; a single designation will suffice.

Yours truly,

ATTACH.

Department of Transportation -- Office of Chief Counsel

Subject: February 6, 1975 Inquiry on Paragraph S5.2.4 of FMVSS 106 (Tagging Requirement)

Attn: Mark Schwimmer

Dear Mr. Schwimmer;

An inquiry was made on February 6, 1975 at the Office of Chief Counsel to Mr. Mark Schwimmer regarding the FMVSS 106 labeling requirements per paragraph S5.2.4. This inquiry asked if an assembler with multiple locations was required to assign multiple designations. Mr. Schwimmer stated he could not answer the question as it was currently in process of discussion, however, within a few days time he would advise.

(Illegible Word) immediately enacted a "hold" on all phases of preparation (Illegible Word) compliance to "tagging" per S5.2.4 expecting clarification (Illegible Word) (Illegible Word) few days. The answer to this inquiry is essential in (Illegible Word) (Illegible Word) requirements for this national program.

On February 12, 1975 a meeting was conducted at the Office of Chief Counsel. In attendance were; Mark Schwimmer, D.O.T., Paul Hykes, ATA., Larry Strawhorn, ATA., C.P. Boling, Stratoflex. Discussed were all aspects of "Tagging" requirements including a request to exclude fleets from the tagging requirements at which time Office of Chief Counsel was unable to answer previous inquiry or comment on status except to say, "They will be able to advise in a few days." These 'few days' have now become weeks with no indication of a firm date established to answer our request.

This delay has now made it impossible for Stratoflex to complete a responsible national program that will effectively allow customers, which utilize bulk components, to comply by the current effective date of March 1, 1975.

We request that the effective date of March 1, 1975 be extended to allow time to reconsider our docket submittal of February 18, 1975 which extensively outlines the economic impact on fleet operators. ATA has determined that the total number of potential assembler's exceeds 4 million as presently defined. This figure alone raises the question of the tagging requirement being unrealistic to impose to administrate in addition to being of little or no value in (Illegible Word) the integrity of the end product.

Although we totally disagree with this imposed "tagging" requirement at the fleet level, Stratoflex has made and will continue to make an honest effort to fully comply with all aspects of FMVSS (Illegible Word) and reestablish a national program to support our customers.

C. P. Boling

SANTA ANA

February 18, 1975

National Highway Traffic Safety Administration Department of Transportation

Attention: Mark Schwimmer -- Office of the Chief Counsel

Ref: FMVSS 106 Paragraph S5.2.4

Gentlemen:

We respectfully suggest that the implementation of the referenced tagging requirement, particularly at repair and maintenance levels, will result in an extreme inflationary impact on the trucking industry. Further, in view of the apparent massive effectivity, we seriously question the capabilities of involved suppliers to support this effort from an administrative and logistical standpoint. In this respect, we estimate that there are approximately 40,000 independent fleet or equipment operators that fabricate air brake hose assemblies in maintaining their equipment. In addition, we believe there are approximately 60,000 equipment and component dealerships that are active suppliers to the truck market. The potential effectivity of your labeling/tagging requirement could reasonably be expanded to supplier operations other than those that are primarily related to the automative or trucking industry: many mill supply, hydraulic, and farm equipment outlets service the trucking industry by means of providing hose, fittings, or hose assemblies. The collective effect of your regulation could involve several million suppliers.

Our Mr. C. P. Boling visited your office on February 12 and requested clarification or interpretation regarding several facets of the tagging requirement. On behalf of our customers that operate multiple repair operations, we requested clarification as to the necessity for a code number for each operating location. Additional clarification was requested as to applicability in view of the severe impact of this requirement as mentioned above.

As of this date, many of our questions are left unanswered and the effective date of the referenced regulation is eight working days away. As the primary hose and fitting supplier to the trucking industry, we are most concerned with any regulation that affects the sale and subsequent supply of our product line. In this regard, it is our intent to comply with all governmental regulations. However, it is our obligation to question the need for tagging operations at user level; and to question the basis under which effectivity at this trade level is necessary, practical, or in the public interest. We do not believe that the authors of the referenced regulation intended that this specific requirement encompass equipment operator maintenance facilities. Rather, the tagging of hose assemblies might properly include hose and fitting manufacturers.

In view of the apparent confusion as to who this specific requirement applies to, the potentially severe negative impact of mass effectivity, and the questions that still remain unanswered, we strongly recommend that tagging requirements per se be suspended pending a thorough evaluation. In any event, we urge that your office clarify the applicability of this specific requirement as related to users or fleets that are primarily involved with repairing or maintaining their equipment. If this requirement is applicable to equipment maintenance facilities, we believe an unnecessary and costly burden will be placed on fleet operators, with no positive result that will contribute to public safety.

Yours very truly,

A. J. Bowie -- General Manager Western Operations