Interpretation ID: nht73-1.40
DATE: 06/19/73
FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA
TO: Mobil Oil Corporation
TITLE: FMVSS INTERPRETATION
TEXT: This is in reply to your letter of June 1, 1973 and confirms the telephone conversation with Mr. Vinson of my staff on June 14, 1973.
The amendments to Motor Vehicle Safety Standard No. 116 published on May 17, 1973 modified container labelling requirements only for silicone-based brake fluid and hydraulic system mineral oil (paragraph S5.2.2.3) and did not affect the requirements for conventional DOT 3 and DOT 4 fluids (paragraph S5.2.2.2) as you assumed. Therefore you appear to have no problem, and it is not necessary to consider your letter as a petition for reconsideration.
The sample label you enclosed appears to designate the contents as "Super Heavy Duty Brake Fluid", rather than "DOT 3 MOTOR VEHICLE BRAKE FLUID" as paragraph S5.2.2.2(e) requires. Otherwise, it is adequate compliance with paragraph S5.2.2.2.
Sincerely,
Mobil Oil Corporation
June 1, 1973
T. Vinson -- National Highway Traffic Safety Administration Department of Transportation
FEDERAL MOTOR VEHICLE SAFETY STANDARDS
MOTOR VEHICLE BRAKE FLUIDS
PACKAGE LABELING
DOCKET NO. 71-13
Dear Mr. Vinson:
You may recall that on May 23, we spoke about the Motor Vehicle Brake Fluid Standard No. 116, identified as 571.116, Docket No. 71-13; Notice 4 and previous Notices. I mentioned that there were some changes in labeling instructions in Notice 4 as compared to the instructions which appeared in the Federal Register on Thursday, June 24, 1971, page 11989. I also mentioned that it would be virtually impossible to comply with the new labeling outlined in the May 17, 1973 Federal Register by the effective date of July 1, 1973.
You suggested that we might like to file a Petition of Reconsideration mentioning the two items which we discussed. Would you, therefore, please consider this letter as a Petition of Reconsideration.
1. Since it would be virtually impossible to prepare new graphics and lithography and have material packaged between now and July 1, 1973, and since the wording does not seem to represent a substantive change, we would like to make the labeling change in an orderly way. I would estimate this could be done in six to eight months after we know the exact wording to be used on the package.
2. The June 24, 1971 Federal Register carried as a caution, "DO NOT REFILL CONTAINER, AND DO NOT USE FOR OTHER LIQUIDS." The May 17, 1973 Federal Register carries the caution, "Do not refill container or use other liquids." It seems to me that the former wording is better than the latter. There is also a difference in the various Notices with respect to the use of upper and lower case letters. We would like to know exactly which words should be used before changing the graphics and notifying the can manufacturers to use new lithography on future containers.
You may be interested to see the marking on our current 16-oz Mobil Super Heavy Duty Brake Fluid package, so here is a copy of the art. When we redo the graphics, we will, of course, change the text in the upper half of the rear panel to reflect the newest SAE Specification J-1703c and the newest Federal Specification VV-B-680-B. We will also change the wording in the lower part of the back panel when we find out exactly what is wanted with respect to the caution and the use of upper and lower case letters.
Very truly yours,
J. W. Lane, Manager --
Product Promotion, Technical
Publications and Packaging
Attachment
DRY BOILING POINT EXCEEDS 450 F (232 C)
Mobil Registered
super heavy duty brake fluid
Surpasses SAE Specification J-1703b, conforms to Federal Specification VV-B-680-A, and to Federal Motor Vehicle Safety Standard No. 116, DOT 3 Motor Vehicle Brake Fluid.
KEEP OUT OF THE REACH OF CHILDREN
A non-volatile super heavy duty fluid for use in all types of auto and truck hydraulic brake systems where vehicle manufacturer specifies SAE J-1703b or DOT 3 Motor Vehicle Brake Fluid. Mixes perfectly with any automotive hydraulic brake fluid approved by vehicle manufacturers or which meets SAE Specification J-1703b, Federal Specification VV-B-680-A, or Federal Motor Vehicle Safety Standard, No. 116, DOT 3. Minimum wet boiling point 284 F (140 C). Do not spill on vehicle finishes.
CAUTION -- COMBUSTIBLE MIXTURE N.Y.F.D.C. OF A. NO. 1095
1. FOLLOW VEHICLE MANUFACTURER'S RECOMMENDATIONS WHEN ADDING BRAKE FLUID.
2. KEEP BRAKE FLUID CLEAN AND DRY, Contamination with dirt, water, petroleum products or other materials may result in brake failure or costly repairs.
3. STORE BRAKE FLUID ONLY IN ITS ORIGINAL CONTAINER. KEEP CONTAINER CLEAN AND TIGHTLY CLOSED TO PREVENT ABSORPTION OF MOISTURE.
4. CAUTION: DO NOT REFILL CONTAINER, AND DO NOT USE FOR OTHER LIQUIDS.
Distributed By Mobil Oil Corporation, New York, N.Y.