Interpretation ID: nht92-5.23

DATE: July 9, 1992

FROM: Paul Jackson Rice -- Chief Counsel, NHTSA

TO: Hank Hessey -- Hebco Products, Inc.

TITLE: None

ATTACHMT: Attached to letter dated 4/21/92 from Hank Hessey to Paul J. Rice (OCC 7242)

TEXT:

This responds to your letter asking for our opinion on the "requirements and testing responsibilities" that apply to air brake hose manufacturers under Federal Motor Vehicle Safety Standard 106, Brake Hoses. After receiving your letter, Ms. Fujita of my staff telephoned you to clarify our understanding of your question.

You explained in the telephone conversation that your concern relates to the certification responsibilities of a brake hose manufacturer versus those of a brake hose assembly manufacturer. You are particularly interested in the standard's burst strength (S7.3.9) and tensile strength requirements (7.3.10). You ask whether it is the hose manufacturer or the assembly manufacturer, or both, who must certify to those requirements.

Standard 106 places the responsibility for certifying to S7.3.9 and 7.3.10 on the assembly manufacturer, not the hose manufacturer. Both S7.3.9 and 7.3.10 apply, by their terms, to the "assembly." S7.3.9 states: "An air brake hose assembly shall not rupture when exposed to hydrostatic pressure of 800 psi...." Similarly, S7.3.10 states: "An air brake hose assembly" shall meet the tensile strength requirement. Thus, neither S7.3.9 nor 7.3.10 apply to the hose."

The wording of the test procedures for S7.3.9 and 7.3.10 reflect the fact that those sections apply to the assembly only. The National Highway Traffic Safety Administration follows the procedures described in the Federal motor vehicle safety standards when conducting compliance tests. The procedures for both sections refer to a test of the "assembly," not the "hose." The burst strength procedure, specified in S8.8 of Standard 106, expressly states: "Utilize an air brake hose assembly." Similarly, the tensile strength procedure, specified in S8.9, expressly states: "Attach an air brake hose assembly to the testing machine...." Neither of these procedures specify testing of the "hose" apart from the assembly.

Because S7.2.9 and 7.3.10 apply to the assembly, the assembly manufacturer is responsible for a failure to comply with S7.3.9 and 7.3.10, even if the failure is due to a deficiency with the hose. It is the responsibility of the assembly manufacturer to ensure that the products used in the manufacture of the assembly will enable it to meet all applicable requirements of Standard 106.

I hope this information is helpful. If you have other questions, please contact Ms. Fujita of my staff at (202) 366-2992.