Interpretation ID: aiam3361
General Electric Company
Silicone Products Division
9119 Gaither Road
Gaithersburg
Maryland 20760;
Dear Mr. Birdwell: This responds to your letter of July 30, 1980, concerning Federal Moto Vehicle Safety Standard 116, in which you inquired about the definition of 'purple' as specified for the color of DOT 5 brake fluid. During a telephone conversation regarding the question on September 2, 1980, with Edward Glancy of this office, you suggested that specific color coordinated be established and expressed concern about another manufacturer's DOT 5 brake fluid that appears to be blue rather than purple.; Paragraph S5.1.14 of the standard states: 'Brake fluid and hydrauli system mineral oil manufactured on or after September1, 1978, shall be of the color indicated:... DOT 5 -- purple.' This is in contrast to the color specification of DOT 3 nd DOT 4 brake fluid which are required to be colorless to amber and hydraulic system mineral oil which is required to be green.; The major purpose of the color coding requirements is to permit eas identification of fluids before they are placed in a vehicle, in order to prevent the mixing of an incompatible fluid in a braking system. See notice 12 of Docket 71-13, published in the Federal Register (41 FR 54942, 54943) on December 16, 1976. At an early stage in the rulemaking process, the Agency did propose color requirements defined in terms of millimicrons. See notice 5 of Docket 71-13, published in the Federal Register (i38 FR 32142, 32144) on November 21, 1973. (The colors proposed at that time were later changed.) Later, however, the Agency determined that visual inspection for color compliance was adequate and the proposed wavelength bands were deleted. See notice 6 of Docket 71-13, published in the Federal Register (39 FR 30353) on August 22, 1974.; As you noted in your letter, Notice 10 of Docket 71-13, published i the Federal Register 40 FR 56928) on December 5, 1975, does explain:; >>>...The specifications for fluid color are intended to refer to colo ranges as generally interpreted in daylight by persons of normal color vision. No color coordinates are proposed, since the fluids may change color in storage or in use (without detriment to the performance of the fluids).<<<; Establishing specific color coordinates would require rulemakin proceedings in accordance with agency regulations. If you believe that coordinates ought to be established, you may wish to consider submitting a petition for rulemaking to amend FMVSS 116. The procedures for submitting such a petition are set forth at 49 CFR Part 552. If you should submit a petition, we would like to see it address the issue of why visual inspection for color compliance is inadequate and what type of definition should be established.; If you believe that another manufacturer is in noncompliance wit Standard 116, we suggest that you send the relevant information to our Office of Vehicle Safety Compliance for enforcement purposes.; We have enclosed copies of the Federal Register notices referred to b this letter.; Sincerely, Frank Berndt, Chief Counsel