Interpretation ID: nht73-1.4

DATE: 08/10/73

FROM: AUTHOR UNAVAILABLE; R. B. Dyson; NHTSA

TO: Dow Corning Corporation

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of July 27, 1973, asking if there is a conflict between S5.4.3 of Motor Vehicle Safety Standard No. 105a and S5.2.1 of Standard No. 116.

There is no conflict. S5.4.3 of Standard No. 105a requires a label to be affixed to a new motor vehicle with the warning to use brake fluid from a sealed container. S5.2.1 of Standard No. 116 requires containers to be provided with resealable closures. A container with a resealable closure is "sealed" within the meaning of S5.4.3 if it is resealed after initial opening.

I enclose copies of both notices as they appeared in the Federal Register.

Yours truly,

Enclosure

July 27, 1973

National Highway Traffic Safety Administration -- Office of Chief Council,

Attention: Larry Schneider

Dear Mr. Schneider:

I am a member of the Transportation Products Division Executive Board of the Chemical Specialties Manufacturers Association. As a member also of the Brake Fluid Committee, I have been asked to determine the following information from your office. We need an interpretation of the specific meaning of the wording of the Federal Register, Volume 38, Friday, May 18, 1973, page 13017, paragraph S 5.4 regarding master cylinder reservoirs specifically where the reservoir "must be filled from sealed containers."

There is an apparant conflict with Federal Register Volume 36, June 24, 1971, paragraph S 5.2.1 in the 116 motor vehicle brake fluid standards in brake fluids. This states. "contents of six ounces or more must be in containers with resealable closures."

The conflict with many of our members is if the 116 motor vehicle brake fluids standards requires that the material be packaged in a container with a resealable closure, how does this then fit the wording of the previous Register, Volume 38, that it must be filled from sealed containers?

Is it possible that the Federal Register, Volume 38, is referring to fill from original containers or containers that have been immediately resealed after they are opened and when reused are the same condition as a sealed container?

It is very necessary that our CSMA group have an interpretation from you as to the seeming conflict. Our members need to know exactly how we can comply properly with both of these Federal Register issues.

For my own records, may I please have a copy or a xerox copy of the total wording of each of these Federal Register numbers for presentation to the CSMA Brake Fluid Committee. I would appreciate an early response to this request.

Very truly yours,

C. W. Todd -- Market Supervisor, Fluids, Emulsions and Compounds, Dow Corning

cc: Grace Fay -- National Highway Traffic Safety Admin. Motor Vehicles Program;

Mike Baldwin -- Dow Chemical Company