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Interpretation ID: 20053customhose.df

Ms. Terri Archibald
Custom Hose & Supplies, Inc.
805 66th Avenue, SW
Cedar Rapids, IA 52404

Dear Ms. Archibald:

This responds to your letter asking about Federal Motor Vehicle Safety Standard No. 106, Brake Hoses (49 CFR 571.106). I apologize for the delay in responding. You ask about the labeling requirements for air brake hose assemblies made with end fittings that are attached by crimping.

The requirements for labeling such assemblies are set forth in Standard No. 106 as follows:

S7.2.3 Assemblies. Each air brake hose assembly made with end fittings that are attached by crimping or swaging, except those sold as part of a motor vehicle, shall be labeled by means of a band around the brake hose assembly as specified in this paragraph, or at the option of the manufacturer, by means of labeling as specified in S7.2.3.1. The band may at the manufacturer's option be attached so as to move freely along the length of the assembly, as long as it is retained by the end fittings. The band shall be etched, embossed, or stamped in block capital letters, numerals or symbols at least one-eighth of an inch high, with the following information:

  1. The symbol DOT, constituting certification by the hose assembler that the hose assembly conforms to all applicable motor vehicle safety standards.

  2. A designation that identifies the manufacturer of the hose assembly, which shall be filed in writing with [the National Highway Traffic Safety Administration (NHTSA)]. The designation may consist of block capital letters, numerals or a symbol.

S7.2.3.1 At least one end fitting of an air brake hose assembly made with end fittings that are attached by crimping or swaging shall be etched, stamped or embossed with a designation at least one-sixteenth of an inch high that identifies the manufacturer of the hose assembly and is filed in accordance with S7.2.3(b).

You first ask whether you are required to label the assembly at all, or whether you may "[l]et the markings that Weatherhead already has printed on their hose suffice." The answer is you must label the assembly. S7.2.3 requires each air brake hose assembly made with end fittings that are attached by crimping or swaging, except those sold as part of a motor vehicle, to be labeled by means of a band or by marking an end fitting. In reference to a concern you raise, you are not required to mark an end fitting if you choose to label your assemblies using a band that meets S7.2.3.

You next ask whether a "permanent label" that you have sent us will meet the option in S7.2.3 that allows you to label your assembly by means of a band. You also provide product literature from Weatherhead, the manufacturer of the label, which describes the labels as -

self adhesive Mylar strips, 1" wide by 3-3/4" long, with a 1" X 1" white area on one end for printed information. . . . Procedure for applying the labels is simple:

  1. Print the appropriate information on the label.
  2. Wrap the tag around the hose assembly...printed end first.
  3. Cover the printed end with the clear mylar tail of the label.
  4. The clear tail will protect the printed area from the elements, even paint.

Our answer is the Mylar label would be permitted, subject to the following comments. We have long (since 1974) interpreted a band as a label which encircles the hose completely, and attaches to itself. To constitute labeling at all, the band must be affixed to the hose in such a manner that it can not be easily removed. The label you are considering will encircle the hose completely and attach to itself. Our understanding of Mylar is that it is a durable material and not easily removable. When the markings on the label are covered with the clear Mylar tail of the label, as instructed by the label manufacturer, Weatherhead, the markings will not be easily removed or altered. In response to a concern you raise, S7.2.3 does not require the label to move freely, but simply permits one to so move as long as it is retained by the end fittings. For these reasons, we conclude that the Mylar label could be used to meet the labeling requirements for air brake hose assemblies, assuming that the marking is covered by the clear Mylar covering.

However, the particular sample you provided is not entirely satisfactory. S7.2.3 requires that "the band shall be etched, embossed, or stamped" with the symbol DOT and the manufacturer's designation. Writing the information by hand would not meet this requirement. The requirement is to improve the permanency of the information and its clarity. This is important because the designation assists NHTSA and hose users in identifying the manufacturer of noncomplying or defective products. Based on the information in your letter, it appears that the option available to you would be to stamp the Mylar label with the required information. Further, the designation must also appear on the label as it appears on file at NHTSA. If a designation on file is printed, handwriting it on the brake hose assembly label could lead to confusion. Lastly, you need to include the DOT symbol on your label. In response to a concern you raised, you do not need to include the date of manufacture of the assembly.

I hope this information is helpful. Should you have any further questions or need more information on this subject, please contact Ms. Deirdre Fujita of my staff at (202) 366-2992.

Sincerely,
Frank Seales, Jr.
Chief Counsel
ref:106
d.11/5/99