Interpretation ID: nht73-1.39

DATE: 06/19/73

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Bendix Automotive Aftermarket

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of May 30, 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.

Sincerely,

Bendix

Automotive Aftermarket

May 30, 1973

Department of Transportation

Attention: Lawrence R. Schneider, Chief Counsel

Reference: Phone conversation with Mr. Taylor Vincent on 5/14/73

Dear Mr. Schneider:

The revision to the FMVSS #116 Standard, as published May 17, 1973, has an effective date for label changes of July 1, 1973, but does not specifically authorize the sellers of Brake Fluid to exhaust existing container stock.

The label changes are minor, as follows:

Existing Safety Warnings:

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.

* New Safety Warnings:

1. FOLLOW VEHICLE MANUFACTURER'S RECOMMENDATIONS WHEN ADDING BRAKE FLUID.

2. KEEP BRAKE FLUID CLEAN. Contamination with dirt or other materials may result in brake failure or costly repairs.

3. CAUTION: STORE BRAKE FLUID ONLY IN ITS ORIGINAL CONTAINER. KEEP CONTAINER CLEAN AND TIGHTLY CLOSED. DO NOT REFILL CONTAINER OR USE OTHER LIQUIDS.

* We have corrected the labeling as to the use of upper and lower case letters per the instructions of Mr. Taylor Vincent.

The current safety warning label requirements are not inadequate for the conventional Brake Fluids. Bendix labeling for DOT 3 Brake Fluid conforms to the existing standard for safety warnings.

This letter is a request for permission to exhaust container stock purchased prior to the July 1, 1973, effective date. Existing Bendix container stock is in the form of lithographed containers both filled and unfilled. A minimum of 60 - 90 days is required to modify lithography plates. If permission is not granted, this letter is to be considered a petition to amend the Docket No. 71-13, Notice 4, published May 17, 1973. Please amend this docket to give the conventional Brake Fluid sellers the right to exhaust stock purchased prior to the July 1, 1973, effective date.

Very truly yours,

Cam Brame --

Quality Assurance Analyst

cc: M. J. Stepanek; B. Stubbs; R. Hasnerl; J. Howard