Interpretation ID: nht71-3.34

DATE: 07/14/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Department of the Army

TITLE: FMVSR INTERPRETATION

TEXT: This is in reply to your letter of June 29 with its enclosures from the Staff Judge Advocate, Aberdeen Proving Ground. The Judge Advocate requests an "interpretation of the applicability of the [military] exception to recent motor vehicle brake fluid legislation," stating his specific interest in "the use of MIL-P-46046" brake fluid.

We are unaware of any "legislation" that affects the manufacture and use of MIL-P-46046 brake fluid. The NHTSA issued an amended brake fluid standard on June 24 but this does not affect the exception provided in 49 CFR @ 571.7(c) that "No standard applies to a vehicle or item of equipment manufactured for, and sold directly to, the Armed Force of the United States in conformity with contractual specifications." Thus continued use of MIL-P-46046 brake fluid by military personnel appears permissible as far as this agency is concerned.