Interpretation ID: nht78-1.15

DATE: 01/20/78

FROM: F. BERNDT FOR J. J. LEVIN -- NHTSA

TO: Nichirin Rubber Industrial Co., Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter dated November 29, 1977, asking about the procedures for obtaining approval of hydraulic brake hoses. Your company is altering the labeling on some of its hose and asks whether the hose must be retested and whether notice of the changes must be given.

The National Highway Traffic Safety Administration (NHTSA) does not approve in advance motor vehicles or motor vehicle equipment. It is up to manufacturers to certify that their products comply with all applicable safety standards and regulations. The NHTSA conducts compliance testing for purposes of enforcement.

It is, therefore, up to your company to decide whether to test its hose according to the procedures specified in Safety Standard No. 106, Brake Hoses. The NHTSA only requires that you determine in the exercise of due care that the hose meets all requirements specified in the standard. Further, you do not have to give the NHTSA notice when you change the labeling information on your hose, unless you change the designation identifying your company. In that case, the new designation would have to be filed with the NHTSA according to the specifications of paragraph S5.2.2(b) of Standard 106.

You will have to contact the American Association of Motor Vehicle Administrators directly to determine their requirements for approval and notification following your labeling changes.

Please contact me if our office can be of any further assistance.

Sincerely,

ATTACH.

NICHIRIN RUBBER INDUSTRIAL CO., LTD.

November 29, 1977

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

Dear Mr. Dyson,

Subject: Inquiry about the procedure for equipment approval for hydraulic brake hose assembly

This company is a maker of brake hoses, and has received the following certificates of equipment approval from the American Association of Motor Vehicle Administrators as the equipment approval of its products now. Certification No. Dated 741092 November 27, 1974 750423 April 8, 1975 750449 April 22, 1975 761132 November 12, 1976 761133 November 16, 1976

This company implements the labeling of brake hoses prescribed in FMVSS No. 106, S5.2, according to the following two ways.

a. One side: DOT NCRN (date) 1/8 HL

Other side: (stripe)

b. One side: DOT NCRN (date) 1/8 HR

Other side: NCRN 1/8 (date) SAE J1401

Other side: NICHIRIN RUBBER JAPAN 1/8 SAE J1401 AAA

(private lot No.)

In this connection, please instruct us in the procedure for this change.

1. In case of changing the indication of labeling from HR (Regular expansion hydraulic hoses) to HL (Low expansion hydraulic hoses),

(1) Is it necessary to obtain again the original report by the approval test organization?

(2) Or, is it enough to obtain the appendix report by undergoing the test of the concerned test item only (expansion test)?

(3) Or, the test report is not required, and is it enough only to submit the notice about the change?

2. In the FMVSS No.106, S5.2.1, of labeling on the other side, when the labeling prescribed as the additional information at the manufacturer's option is changed, this company interprets that the test is not required, but is it right?

Moreover, also in case of changing the content of labeling on the other side, is some notice required?

Would you please instruct and answer us in the above-described points?

Sincerely yours, Takashi Shimoda -- Technical department