Interpretation ID: nht75-5.5

DATE: 08/13/75

FROM: AUTHOR UNAVAILABLE; Frank A. Berndt; NHTSA

TO: Continental Hydraulic Hose Corp.

TITLE: FMVSR INTERPRETATION

TEXT: Please forgive the delay in responding to your letter of March 5, 1975, concerning the applicability of Federal Motor Vehicle Safety Standard No. 106-74, Brake Hoses, to brake hose and brake hose assemblies used in military vehicles.

Part 571.7(c) of the Federal Motor Vehicle Safety Standards, 49 CFR 571.7(c), provides that:

No standard applies to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformity with contractual specifications.

Therefore, brake hose and brake hose assemblies sold to the military in conformity with contractual specifications are not subject to any of the requirements of Standard No. 106-74. While Part 571.7(c) appears to exclude from the requirements of Standard No. 106-74 only that hose which is sold directly to the Armed Forces, the NHTSA interprets this section as also excluding that hose which is sold to military contractors, under contracts requiring it to conform to military specifications such as MIL-H-3992C, for installation in vehicles which are in turn sold directly to the military. We are considering the issuance of an interpretive amendment of Part 571.7(c) to this effect.

SINCERELY,

March 5, 1975

U. S. Department of Transportation National Highway Traffic Safety Adm..

Attention: Francis Armstrong

Subject: MVSS No. 106

Effective March 1, 1975 we started shipping hydraulic brake hose to our various customers, conforming to subject standard. This includes the new labeling band which requires a price increase.

One customer, A. M. General, in South Bend, Indiana has objected to this. Their end product is military vehicles on prime government contracts, which they claim are not covered by the standard.

Please advise if such vehicles are included in the standard.

CONTINENTAL HYDRAULIC HOSE CORP.

James W. Long

President