Interpretation ID: 77-1.30

TYPE: INTERPRETATION-NHTSA

DATE: 02/23/77

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Union Carbide Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your January 31, 1977, question whether Safety Standard No. 116, Motor Vehicle Brake Fluids, currently requires a border around the safety warnings that are required to be placed on brake fluid containers.

Standard No. 116 was recently amended (41 FR 54942, December 16, 1976) to specify color coding requirements for hydraulic brake system fluids and to make a minor change in the required warning label. The proposal preceding this amendment did specify that the safety warnings on brake fluid containers be surrounded by a color coded border (40 FR 56928, December 5, 1975). However, after reviewing the comments submitted regarding the cost of the proposed borders and after reevaluating the expected safety benefits, the agency decided to withdraw the proposed requirement. The final rule, therefore, did not include a requirement for color coded borders.

Although Standard No. 116 does not require a border around the safety warnings on brake fluid containers, manufacturers are permitted to use a border if they choose.

Sincerely,

ATTACH.

UNION CARBIDE CORPORATION

January 31, 1977

Office of Chief Counsel -- National Highway Traffic Safety Administration, Department of Transportation

Dear Sir:

It is my understanding from reading Docket No. 71-13; Notice 12 published in the Federal Register 41, No. 243 - Thursday, December 16, 1976, that the border around the warning statement on brake fluid containers specified in Standard No. 116 (49CFR 571.116) is no longer mandated.

It is my further understanding that a border around the statement is permitted for the purpose of setting off the statement from the balance of the information on the label.

If my understandings are correct, I wish to receive written confirmation of them from your office.

Very truly yours,

W. G. Whitehead -- Manager, Product Safety and Regulatory Affairs

cc: D. Raymond; F. M. Redler; R. W. Shiffler; G. W. Warnock