Interpretation ID: nht94-4.2

TYPE: INTERPRETATION-NHTSA

DATE: August 18, 1994

FROM: John Womack -- Acting Chief Counsel, NHTSA

TO: Gene Byrd -- Anderson Technology

TITLE: None

ATTACHMT: Attachment dated 7/20/94: Letter from Gene Byrd to Paul Jackson Rice (OCC 10206)

TEXT: This responds to your letter to former Chief Counsel Paul Jackson Rice asking about the requirements of FMVSS 106, Brake Hoses, for reusable air brake hose end fittings. You indicate that you intend to produce these end fittings for use with SAE J844 pl astic tubing. You also state that you have filed a manufacturer's designation with NHTSA, in accordance with S7.2.2(b) of Standard 106.

You asked for confirmation that seven requirements in FMVSS 106 apply to reusable end fittings. The requirements you listed were: S7.2.2 (labeling); 7.3.1 (constriction); 7.3.8 (air pressure); 7.3.9 (burst strength); 7.3.10 (tensile strength); 7.3.11 (w ater absorption and tensile strength); and 7.3.13 (end fitting corrosion). Your understanding is essentially correct, with the following clarification.

You are correct that each of these sections specifies a level of performance which is dependent on the performance of the end fitting. However, other than for S7.2.2 and 7.3.13, these requirements apply to air brake hose assemblies, and not to end fitti ngs. This is relevant for purposes of determining the requirements for which an end fitting manufacturer would have to certify compliance. If you were only manufacturing and selling the end fitting, you would be responsible for certifying only to S7.2. 2 and 7.3.13, since these requirements apply to end fittings (and not to "assemblies"). As a practical matter, however, the assembly manufacturer would probably seek assurances from you that your end fitting will perform in a manner that will enable the manufacturer's assembly to meet the air brake hose assembly requirements of the standard.

For your information, I am enclosing a copy of 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 hose end fittings) to submit its name, add ress, and a brief description of the

items of equipment it manufacturers to NHTSA within 30 days after it begins manufacture. I have also enclosed an information sheet that briefly describes other responsibilities for manufacturers of new motor vehicles and new items of motor vehicle equip ment. n1

n1 Please note that the "National Traffic and Motor Vehicle Safety Act" and the "Motor Vehicle Information and Cost Savings Act" to which the information sheet refers have recently been recodified in Title 49 of the United States Code. This means tha t the citations used in the information sheet are outdated; however, the substantive requirements described in the sheet have not changed.

I hope this answers your question. If you need other assistance, please feel free to contact Ms. Deirdre Fujita of my staff at (202) 366-2992.

Enclosure