Interpretation ID: nht76-1.13
DATE: 07/09/76
FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA
TO: Moto Villa, Ltd.
TITLE: FMVSS INTERPRETATION
TEXT: This is in response to your May 27, 1976, letter concerning the application of Federal Motor Vehicle Safety Standard No. 106-74, Brake Hoses, to brake hose assemblies that you import and contemplate importing for use on motorcycles.
I understand that you presently import brake hose assemblies for use only on off-road, moto-cross motorcycles. These assemblies are not "motor vehicle equipment" as that term is defined in Section 102(4) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1391(4)) (the Act). Therefore, they are not subject to any requirements of Standard No. 106-74.
The other assemblies that you contemplate importing for onroad use, however, are subject to the standard. Your letter indicates that the manufacturer of the assemblies is prepared to affix bands to them, certifying that they meet all the performance requirements of the standard, but that he is not yet able to obtain hose and end fittings that are labeled pursuant to S5.2. The relief that you have requested, however, is found in S12, which reads as follows:
Brake hose assemblies manufactured from March 1, 1975, to August 31, 1976. Notwithstanding any other provision of this standard, a brake hose assembly manufactured during the period from March 1, 1975, to August 31, 1976, shall meet each requirement of this standard, except that the assembly may be constructed of brake hose which meets every requirement of the standard for hose other than the hose labeling requirements of S5.2, S7.2, and S9.1, and the assembly may be constructed of end fittings which meet every requirement of the standard for end fittings other than the end fitting labeling requirements of S5.2, S7.2, and S9.1.
You should note that the critical date for application of this section is the assembly's date of manufacture, rather than that of importation.
Please note further that Section 110(e) of the Act requires every manufacturer who offers a motor vehicle or item of motor vehicle equipment for importation into the United States to designate a permanent resident of the United States as his agent upon whom service of all processes, orders, notices, decisions, and requirements may be made.
You state in your letter that the brake system products that you plan to import are manufactured by Gri Me Ca S.P.A. In order to comply with section 110 of the Act it is necessary that Gri Me Ca designate an agent in the United States for service of process. There is no requirement in the Act that a motor vehicle importer, located in the United States, designate an agent.
In order for the designation to be effective, it is necessary that the procedural requirements of 49 CFR 551.45 (enclosed) be fulfilled by the submission of the following information:
1. A certification that the designation is valid in form and binding on the manufacturer under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made;
2. The full legal name, principal place of business and mailing address of the manufacturer of the brake system components;
3. Marks, trade names, or other designations (Illegible Word) origin of any of the manufacturer's products which do not bear his name;
4. A statement that the designation shall remain in effect until withdrawn or replaced by the manufacturer;
5. A declaration of acceptance duly signed by the agent appointed, which may be an individual, a firm, or a U.S. corporation; and
6. The full legal name and address of the designated agent.
In addition, the designation must be signed by one with authority to appoint the agent; the signer's name and title should be clearly indicated beneath his signature.
If you have any questions concerning these requirements, please do not hesitate to contact me.
Sincerely,
Enclosure
ATTACH.
May 27, 1976
Mark Schwimer -- Office of Chief Council, National Highway Traffic Safety Admin
Dear Mark,
I would like to thank you for your assistance regarding the Brake hose standard, S106.
MotorVilla, Ltd. is the exclusive importer of products manufactured by Gri Me Ca S.P.A. 40068 S. Lazzaro Di Savena, Bolona Italy. Gri Me Ca is a small speciality manufacturer of wheels and brake products. They have not sold products into the United States until Jan. 1976 when we became their distributor. Moto Villa is involved in off road motorcycle racing and imports the Villa line of moto cross motorcycles. We have been promoting the Gri Me Ca brakes on our dirt track racers, and for sale to others for dirt track racing.
This product is not readily adaptable to on-road vehicles for several reasons. If a motorcycle doesn't already have disc brakes the entire wheel assembly must be changed including drum, disc, sprocket, rim, etc. Once this has been changed the complicated mounting problem must be tackled. Without a machine shop one could not even think about making this change. If the motorcycle happens to have disc brakes, and someone were to attempt to replace their equipment with ours, they would meet two big problems. First complicated bracketry must be fabricated to adopt our product, then the problem of different threads on the hose must be taken on. I think it is a fair statement that no one is likely to use our products for on-road use.
However, we are considering some other products that Gri Me Ca makes for on-road use. This is the main reason that we would like to get the D.O.T. requirements satisfied. We have sent a copy of Standard S106 to the manufacturer and they have informed us that they have gone through their testing procedure and have passed all the tests. They have indicated to us that this information was supplied to the Italian manufacturers using their product on their motorcycles. We have asked for a copy of this datum.
Gri Me Ca has said they can certify to the standard, however it will take several months to obtain the brake line and fitting with the correct labeling. They indicate that they have the ability to band the assemblies almost immediately with the proper information. We would like to request that they be allowed to do this possibly under S12 or S13.
Gri Me Ca was never made aware of the exacting labeling standards required in the U.S. until we provided them with the text. Their only exposure seems to have been to the performance standards, which Moto Guzzi or one of the other manufacturers provided them. They are being very cooperative and working very hard to do what is needed to be in full compliance with our laws.
We would like to request on their behalf that while new hose and fitting are being manufactured that they be allowed to "band" their current assemblies, which meet all other requirements of this standard except for the labeling. They will start shipping assemblies with all proper labeling as soon as they receive the parts to build complete assemblies. They will not attempt to use up their non labeled assemblies, but will sell them in countries other than the U.S.
Please let me know what other information you may need to facilitate our complying with the standard.
Sincerely,
Charles R. Cheatham -- General Partner, Moto Villa, Ltd.