Interpretation ID: nht80-4.11

DATE: 10/20/80

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: General Electric Company

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your letter of July 30, 1980, concerning Federal Motor Vehicle Safety Standard 116, in which you inquired about the definition of "purple" as specified for the color of DOT 5 brake fluid. During a telephone conversation regarding the question on September 2, 1980, with Edward Glancy of this office, you suggested that specific color coordinates be established and expressed concern about another manufacturer's DOT 5 brake fluid that appears to be blue rather than purple.

Paragraph S5.1.14 of the standard states: "Brake fluid and hydraulic system mineral oil manufactured on or after September 1, 1978, shall be of the color indicated: . . . DOT 5 -- purple." This is in contrast to the color specifications of DOT 3 and DOT 4 brake fluid which are required to be colorless to amber and hydraulic system mineral oil which is required to be green.

The major purpose of the color coding requirements is to permit easy identification of fluids before they are placed in a vehicle, in order to prevent the mixing of an incompatible fluid in a braking system. See notice 12 of Docket 71-13, published in the Federal Register (41 FR 54942, 54943) on December 16, 1976. At an early stage in the rulemaking process, the Agency did propose color requirements defined in terms of millimicrons. See notice 5 of Docket 71-13, published in the Federal Register (38 FR 32142, 32144) on November 21, 1973. (The colors proposed at that time were later changed.) Later, however, the Agency determined that visual inspection for color compliance was adequate and the proposed wavelength bands were deleted. See notice 6 of Docket 71-13, published in the Federal Register (39 FR 30353) on August 22, 1974.

As you noted in your letter, Notice 10 of Docket 71-13, published in the Federal Register (40 FR 56928) on December 5, 1975, does explain:

. . . The specifications for fluid colors are intended to refer to color ranges as generally interpreted in day-light by persons of normal color vision. No color coordinates are proposed, since the fluids may change color in storage or in use (without detriment to the performance of the fluids).

Establishing specific color coordinates would require rule-making proceedings in accordance with agency regulations. If you believe that coordinates ought to be established, you may wish to consider submitting a petition for rulemaking to amend FMVSS 116. The procedures for submitting such a petition are set forth at 49 CFR Part 552. If you should submit a petition, we would like to see it address the issues of why visual inspection for color compliance is inadequate and what type of definition should be established.

If you believe that another manufacturer is in noncompliance with Standard 116, we suggest that you send the relevant information to our office of Vehicle Safety Compliance for enforcement purposes.

We have enclosed copies of the Federal Register notices referred to by this letter.

Sincerely,

ATTACH.

GENERAL ELECTRIC

SILICONE SALES DEPARTMENT

July 30, 1980

Office of Chief Counsel -- National Highway Traffic Safety Administration

The Silicone Products Division of General Electric Company requests a legal interpretation of the requirement of paragraph S5.1.14 of Federal Motor Vehicle Safety Standard 116.

Our question is: How do you define "Purple" as specified for the color of DOT-5 brake fluid?

We note that the preamble to Notice 10 of Docket 71-13 states in part that "the specifications for fluid colors are intended to refer to color ranges as generally interpreted in daylight by persons of normal color vision." The preamble further states that "no color coordinates are proposed since the fluids may change color in storage or in use."

Thank you.

T. M. Birdwell