Interpretation ID: nht75-1.25

DATE: 09/19/75

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

TO: The Weatherhead Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of July 9, 1975, concerning the banding requirements of Standard No. 106-74. You asked whether the requirement for a band may be avoided in the situation where a hose manufacturer makes a hose assembly to a vehicle manufacturer's "specified requirements," under the exception for hoses "assembled and installed by a vehicle manufacturer."

The exception in the standard for assemblies made by a vehicle manufacturer cannot be interpreted to apply to those made by a hose manufacturer, as you suggested, so the answer to your question must be no. It is the intent of the standard to distinguish between the two situations you described.

We are presently reviewing the labeling requirements of the brake hose standard in light of your letter and other information. If you wish to present further data and arguments toward the revocation of the banding requirement, the appropriate form in which to do so would be a petition for rulemaking under Part 552.

Yours truly,

ATTACH.

July 9, 1975

Reference: MUE-561

Richard B. Dyson -- Assistant Chief Counsel, National Highway Traffic Safety Administration

Subject: Applicability Ruling FMVSS 571.106 Para. S5.2.4

Dear Mr. Dyson:

Hydraulic brake hose assemblies that are assembled and installed by a vehicle manufacturer need not be labeled by means of a band around the assembly. Elimination of this labeling band saves at least 3% on the cost of most hydraulic brake hose assemblies. The Weatherhead Company is not a vehicle manufacturer, therefore, the many millions of new vehicle hydraulic brake hose assemblies that we make are now costing 3% more than those assembled and installed by vehicle manufacturers. The resultant cost differential may cause The Weatherhead Company a substantial loss of business or a severe economic hardship. The vehicle manufacturers that are presently our customers may choose to assemble their own hydraulic brake hose to achieve reduced costs. Obviously, orders competitively bid with vehicle manufacturers will be lost or profits jeopardized due to the 3% cost differential.

Relief from this unnecessary burden can be obtained without regulatory effect by a favorable ruling on the applicability of Para. S5.2.4 by the National Highway Traffic Safety Administration Counsel.

Question: Can "except for those assembled and installed by a vehicle manufacturer in vehicles manufactured by him" (from Para. S5.2.4) be interpreted to include assemblies that are assembled by anyone (such as Weatherhead) so long as they are assembled to the vehicle manufacturer's specified requirements and are then installed in vehicles manufactured by him?

This ruling is considered appropriate by Weatherhead since new vehicle assemblies are certified by the vehicle manufacturer's certification of the complete vehicle and the assemblies are normally made to his specified requirements. In addition, absolute traceability of these new vehicle assemblies is already there without the labeling band. After-market assemblies would still have to be banded since they would not be installed by the vehicle manufacturer.

Your prompt response to our question of interpretation of applicability of the labeling rule for hydraulic brake hose assemblies would be appreciated.

Yours very truly,

THE WEATHERHEAD COMPANY

John H. Mueler, Manager, Engineering Standards