Interpretation ID: aiam4012
Development Manager
IMI Norgren Enots Ltd.
Enots Works
P.O. Box 22
Eastern Avenue
Lichfield
Staffordshire WS 13 6SB
ENGLAND;
Dear Mr. Deason: This responds to your June 14, 1985 letter to the National Highwa Traffic Safety Administration (NHTSA), Office of Vehicle Safety Standards, regarding Federal Motor Vehicle Safety Standard No. 106, *Brake Hoses*. Your letter has been referred to my office for reply.; You asked about 'DOT Certification' of your air brake hose and fittin assemblies. Our agency does not certify or approve in advance motor vehicles or motor vehicle equipment. Instead, under the National Traffic and Motor Vehicle Safety Act of 1966 (copy enclosed), each manufacturer of motor vehicles or motor vehicle equipment is responsible for certifying that its products meet all applicable safety standards. This 'self-certification' process requires each manufacturer to determine in the exercise of due care that its products meet all applicable requirements. This determination can be made by product testing. The tests in Standard No. 106 are performance requirements that your products must meet when tested by the agency for compliance.; The data forming the basis for your certification is retained by you and does not have to be submitted to NHTSA for approval. Our agency investigates safety-related defects and noncompliances with safety standards in motor vehicles and items of motor vehicle equipment. If a question should arise as to the compliance of your product with NHTSA requirements, you will be requested to produce records to show how you determined compliance. If you or the agency determines that a safety-related defect or noncompliance exists, you are obligated to notify purchasers of your product and remedy the problem without charge.; Paragraph S4 of Standard No. 106 defines 'brake hose' as: >>>a flexible conduit, other than a vacuum tubing connector manufactured for use in a brake system to transmit or contain the fluid pressure or vacuum used to apply force to a vehicle's brakes.<<<; We wish to emphasize that the definition of 'brake hose' include flexible conduits manufactured out of nylon tubing that transmit or contain the pressure or vacuum used to apply force to a vehicle's brakes. To be sold in the United States, your brake hose assemblies consisting of nylon tubing and 'push-in' type tube fittings must be certified as meeting all applicable requirements of Standard No. 106.; Under Standard No. 106, certification is accomplished when you mark on component of each of your reusable fittings with the 'DOT' symbol, pursuant to paragraph S7.2.2. The DOT symbol is your representation that your products were manufactured in compliance with applicable Federal motor vehicle safety standards. You are also required by the standard to mark your products with a designation, identifying you as the manufacturer, that is filed in writing with the Office of Vehicle Safety Standards. The designation is intended to identify the manufacturer or assembler of brake hoses in the event of a safety-related defect or noncompliance necessitated recall.; You asked whether there are standard forms for manufacturers t register their designation. The answer is no. Standard No. 106 describes the procedures for designation registration. NHTSA will accept any designation consisting of letters, numerals, or a symbol, or a combination of these. If your chosen designation has not been selected previously by another manufacturer, it is accepted and recorded by NHTSA.; I am enclosing copies of two procedural rules which apply to al manufacturers subject to the regulations of this agency. The first is 49 CFR Part 566, *Manufacturer Identification*. This rule requires your company to submit your name, address, and a brief description of the items of equipment you manufacture to the agency within 30 days after you import your products into the United States.; The other rule is 49 CFR Part 551, *Procedural Rules*. Subpart D o this regulation requires all manufacturers headquartered outside of the United States to designate a permanent resident of the United States as the manufacturer's agent for service of all process, notices, orders and decisions. This designation should be mailed to the Chief Counsel, National Highway Traffic Safety Administration, 400 Seventh Street, S.W., Washington, D.C. 20590, and must include the following information:; 1. A certification that the designation of agent is valid in form an 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 addres of the manufacturer,; 3. Marks, trade names, or other designations of origin of any of th manufacturer's products which do not bear its name,; 4. A statement that the designation shall remain in effect unti 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 a person with authorit to appoint the agent. The signer's name and title should be clearly indicated beneath his or her signature.; In addition to the copies of the materials described above, I have als enclosed a copy of Standard No. 106 with amendments to the standard. You will also find an information sheet describing Federal statutes and regulations affecting manufacturers of motor vehicle equipment, and information on how you can obtain copies of NHTSA's standards and regulations.; I hope this information is of assistance to you. Sincerely, Jeffrey R. Miller, Chief Counsel