Interpretation ID: nht89-1.74

TYPE: INTERPRETATION-NHTSA

DATE: 04/17/89

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: JAMES R. TOMAINO -- YOUNGSTOWN RUBBER PRODUCTS COMPANY

TITLE: NONE

ATTACHMT: LETTER DATED 01/30/89 FROM JAMES R. TOMAINO TO ERIKA Z. JONES -- NHTSA, OCC 3073

TEXT: Dear Mr. Tomaino:

This responds to your January 30, 1989 letter asking whether a "permanently embossed raised dot" on your air brake hose assembly satisfies the requirement in Standard No. 106, Brake Hoses, for a manufacturer identification. As explained below, we believ e that use of the raised dot may be potentially confusing, since it isn't readily apparent whether the mark represents an intentional effort to identify the manufacturer of the assembly or is an accidental by-product of the manufacturing process.

By way of background, Standard No. 106 sets forth two methods of labeling air brake hose assemblies made with crimped or swaged end fittings. S7.2.3 states that these assemblies must be labeled by means of a band around the assembly or, at the option of the assembly manufacturer, by means of marking at least one end fitting as described in S7.2.3.1. You have asked us about the labeling requirements under the second option.

Since, for reasons of drafting convenience, the second option incorporates the portions of the first option relating to the nature of and filing of the designation, it is necessary to begin with a discussion of the first option. The first option (S7.2.3( b)) provides that the bank must be marked with informtion including:

A designation that identifies the manufacturer of the hose assembly, which shall be filed in writing with: Office of Vehicle Safety Standards, Crash Avoidance Division, National Highway Traffic Safety Administration, 400 Seventh St., SW, Washington, D .C. 20590. The designation may consist of block capital letters, numerals or a symbol. (Emphasis added.)

The second option (S7.2.3.1) requires assemblies to 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)." (Emphasis adde d.) The concluding language,

"in accordance with S7.2.3(b)," modifies both of the preceding clauses, i.e., both "identifies the manufacturer of the hose assembly" and "is filed." Thus, the identification provided in compliance with the second option "may consist of block capital let ters, numerals or a symbol."

Since the raised dot is clearly neither a block capital letter or a numeral, the issue is whether it can be considered a symbol. The dictionary defines "symbol," for the purposes relevant to your inquiry, as follows: "something that stands for or sugges ts something else by reason of relationship, association, convention, or accidental but not intentional resemblance." (Webster's Third New International Dictionary, unabridged edition.) The agency concludes that the dot is not a symbol because it is not readily apparent that the raised dot stands for or suggests anything. Instead, the dot appears to be only an accidental by-product of the manufacturing process.

Manufacturer identification is crucial for the enforcement of Standard No. 106's requirements and the tracing of defective assemblies. We urge you to use a more distinctive mark to identify your company as the manufacturer of the assembly. To assist you , and in response to your March 17 telephone request, we are enclosing examples of designations which manufacturers of brake hoses, fittings and assemblies have registered with NHTSA. These examples should be helpful in providing ideas for another desig nation.

Please let me know if we can be of further assistance.

Sincerely,

ATTACHMENT