Interpretation ID: 77-1.25

TYPE: INTERPRETATION-NHTSA

DATE: 02/17/77

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Nissan Motor Co., Ltd.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your January 6, 1977, question regarding the effective date of the recent amendment to Standard No. 116, Motor Vehicle Brake Fluids, that specifies color coding requirements for brake fluids (41 FR 54942, December 16, 1976). You asked whether motor vehicles manufactured after the effective date for the color coding requirements (September 1, 1978) may be equipped with brake fluids manufactured prior to that date that do not conform to the color coding requirements.

The answer to your question is yes. Paragraph S5.3 of Standard No. 116 specifies that motor vehicles having hydraulic brake systems shall be equipped with brake fluid that has been manufactured and packaged in conformity with the requirements of the standard. The agency interprets this to mean that vehicles shall be equipped with any brake fluid that conformed to the requirements of Standard No. 116 at the time the brake fluid was manufactured.

Sincerely,

ATTACH.

NISSAN MOTOR CO., LTD.

January 6, 1977

Frank A. Berndt -- Acting Chief Counsel, National Highway Traffic Safety Administration

Dear Mr. Berndt:

I would like to take this time to ask you for your interpretation regarding the effective date of brake fluid color coding requirements (MVSS 116, Docket 71-13; Notice 12) for the motor vehicles.

My understanding is that even on and after September 1, 1978 the motor vehicles can be equipped with brake fluid manufactured before that date which do not meet the color coding requirement of S.5.1.14 because FMVSS 116 except S5.3 does not apply to the motor vehicle manufacturer but to the brake fluid manufacturer. Is my understanding correct?

Thank you for your attention to this matter. We look forward to hearing your interpretation of the above.

Very truly yours, Tokio Iinuma -- Staff, Safety