Interpretation ID: nht92-6.11

DATE: June 11, 1992

FROM: Matthew G. Martinez -- U.S. House of Representatives

TO: Andrew Card -- Secretary, Department of Transportation

COPYEE: Phillip M. Ramos, Jr. -- Philatron International

TITLE: None

ATTACHMT: Attached to letter dated 7/8/92 from Andrew H. Card, Jr. to Matthew G. Martinez (A39; Std. 106)

TEXT:

I am writing on behalf of Philatron International to strongly question the National Highway Traffic Safety Administration's policy procedures.

In a letter to Philatron from NHTSA, dated April 10, 1992, NHTSA granted Philatron regulatory relief from the Federal Motor Vehicle Safety Standard No. 106 by deleting the oil resistance test standard for air brake tubing. Clearly, this action by NHTSA demonstrated that Philatron's brake hose products posed no safety threat whatsoever. This outdated regulation is still on the books and continues to be administered by NHTSA today even though current truck and brake technology has eliminated air brake exposure to oil. This is the kind of scenario that the Vice President's Council on Competitiveness is working to eliminate.

Although NHTSA has agreed to initiate rulemaking procedures to change the regulation in the future, in the interim, Philatron is unable to continue to market their superior product and endures severe economic distress -- resulting in the firing of a large percentage of its employees. Before this regulatory nightmare, they sold 45,411 assemblies with no reported failures or complaints from any of its customers. The only objections came from Philatron's larger competitors.

I criticize NHTSA's decision not to allow Philatron to sell its brake hoses while their extremely time-consuming rulemaking process in ongoing. This misapplied regulation is unfair and economically crippling to this small business. Further, the longer this matter is left unresolved, the longer Philatron continues to experience serious economic hardship.

I request that you allow production of this product to continue and put those who were unfairly laid off, back to work. Thank you for your courtesy and any consideration that you could give this matter. I look forward to your response.