Interpretation ID: aiam4051
United States Senate
1100 Commerce
Room 7C14
Dallas
TX 75242;
Dear Senator Bentsen: Thank you for your recent letters to Administrator Steed on behalf o your constituent, Mr. Joe M. Rutland. I apologize for the delay in our response. Mr. Rutland asked why this agency requires safety warnings to be lithographically marked on brake fluid containers. He believes that this requirement causes undue hardship on small businesses that package brake fluid. I appreciate this opportunity to respond to Mr. Rutland's concerns and to clarify our requirements for brake fluid container labeling.; Some background information on NHTSA's authority to regulate in thi area might be helpful. The National Traffic and Motor Vehicle Safety Act of 1966 (the 'Vehicle Safety Act') authorizes us to promulgate motor vehicle safety standards for new motor vehicles and items of motor vehicle equipment, including brake fluid. Federal Motor Vehicle Safety Standard No. 116, *Motor Vehicle Brake Fluid* (49 CFR 571.116), has been in effect as a motor vehicle safety standard since the passage of the Vehicle Safety Act. In 1971, Standard No. 116 was amended to establish requirements for the labeling of brake fluid containers. The rule required certain safety information to be clearly and indelibly marked on each brake fluid container.; Brake fluid containers must be labeled with specific safety warnings in addition to other general information. The warnings serve as a safeguard against failures in hydraulic braking systems that might result from the use of improper or contaminated fluids. The warnings also help to prevent improper storage of the brake fluid which could contaminate the fluid or cause it to absorb moisture. Avoiding the absorption of moisture is extremely important since moisture in a brake system degrades braking performance and safety by lowering the brake fluid's boiling point, and increases possibilities of vapor lock and brake system component corrosion.; Thus, packagers of brake fluid have been required since 1971 to furnis the safety information clearly and indelibly on each brake fluid container. In response to a request for an interpretation of Standard No. 116 in 1984, NHTSA ruled that the use of labels affixed to brake fluid containers would not comply with the labeling requirements of the standard. However, Standard No. 116 does not mandate that lithography be used to mark the containers, as Mr. Rutland seems to believe. Any technology, whether lithography or otherwise, may be used if the resultant marking on a brake fluid container is clear and indelible and directly on the container itself.; The agency has recently been made aware of the concern that the 198 interpretation of Standard No. 116's labeling requirements may be causing undue hardship for packagers of brake fluid. In response to those concerns, we have been examining Standard No. 116 to assess its current labeling requirements.; I hope this information is helpful. Please contact my office if we ca be of further assistance.; Sincerely, Erika Z. Jones, Chief Counsel