[Federal Register Volume 65, Number 34 (Friday, February 18, 2000)]
[Notices]
[Pages 8472-8473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3896]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2000-6857]


Intac Automotive Products, Inc., Receipt of Application for 
Decision of Inconsequential Noncompliance

    Intac Automotive Products, Inc., (Intac) has determined that 
certain brake fluid containers manufactured by its supplier, Gold 
Eagle, are not in full compliance with 49 CFR 571.116, Federal Motor 
Vehicle Safety Standard (FMVSS) No. 116, ``Motor vehicle brake 
fluids'', and has filed appropriate reports pursuant to 49 CFR Part 
573, ``Defect and Noncompliance Reports.'' Intac has also applied to be 
exempted from the notification and remedy requirements of 49 U.S.C. 
Chapter 301--``Motor Vehicle Safety'' on the basis that the 
noncompliance is inconsequential to motor vehicle safety.
    This notice of receipt of an application is published under 49 
U.S.C. 30118 and 30120 and does not represent any agency decision or 
other exercise of judgment concerning the merits of the application.
    Paragraph S5.2.2.2 of FMVSS No. 116 states that certain 
information, including a serial number identifying the packaged lot and 
date of packaging, shall be clearly marked on each brake fluid 
container or label permanently affixed to the container. Paragraph 
S5.2.2.2 further states that the information required on the container 
or container label, including the serial number identifying the 
packaged lot and date specified in S5.2.2.2(d), shall be legible after 
being subjected to the test procedures in S6.14, Container information. 
Paragraph S6.14 requires that each container be immersed in the same 
brake fluid contained therein for 15 minutes and dried within 5 minutes 
of removal of the container from the brake fluid.
    Intac informed the agency that, on November 4, 1997, it 
manufactured approximately 9,000 containers of brake fluid which it 
shipped to Petrochemical, Inc., for Mazda. On April 6, 1999, Intac 
manufactured approximately 30,500 containers of brake fluid which it 
shipped to Nissan and, on August 12, 1999, it manufactured 
approximately 16,800 containers of brake fluid which it shipped to 
Petrochemical, Inc., for Subaru. Certain of these brake fluid 
containers were not in compliance with the requirements of S5.2.2.2(d) 
of FMVSS No. 116. That is, after removal from the brake fluid and 
drying when tested according to S6.14, the packaged lot and date code 
information required in S5.2.2.2(d) was not visible on some of the 
labels. Intac believes this condition to be inconsequential as it 
relates to motor vehicle safety.
    Intac supports its application for inconsequential noncompliance by 
stating that all the substantive safety warnings on the subject brake 
fluid container labels were legible after testing in accordance with 
S6.14. Intac stated that the purpose of the serial number identifying 
packaged lot and date of packaging is to facilitate determination of 
the extent of defective brake fluid should such be discovered. 
According to Intac, there is no serious risk to motor vehicle safety if 
the lot and date information is lost. If packaged lot and packaging 
date information were not visible on containers, the manufacturer would 
have to recall all such containers in addition to targeted containers 
with legible packaged lot and date information, if defective brake 
fluid were to be discovered or suspected.
    Intac also stated that the brake fluid containers in question were 
distributed to motor vehicle dealerships and authorized repair 
facilities and it is unlikely that private consumers obtained these 
products through retail for personal use.
    According to Intac, the dealerships and authorized repair 
facilities that received the brake fluid tend to consume the product 
quickly once the containers are opened. Therefore, there is little 
likelihood that the packaged lot and date information on the container 
label would become illegible through contact with brake fluid before 
the contents of a container is used. Intac claims that brake fluid 
containers from the noncompliant runs with legible packaged lot and 
date of packaging information would be available for reference if a 
defect in the brake fluid from these production runs were discovered or 
suspected.
    Intac further stated that it was able to secure most of the 
noncompliant inventory after contacting Nissan and Petrochemical, so 
that a large quantity of the noncompliant brake fluid containers will 
be returned to Intac and the noncompliance can be remedied.
    Interested persons are invited to submit written data, views, and 
arguments on the application described above. Comments should refer to 
the docket number and be submitted to: U.S. Department of 
Transportation, Docket Management, Room PL-401, 400 Seventh Street, SW, 
Washington, DC, 20590. It is requested that two copies be submitted.
    All comments received before the close of business on the closing 
date

[[Page 8473]]

indicated below will be considered. The application and supporting 
materials, and all comments received after the closing date, will also 
be filed and will be considered to the extent possible. When the 
application is granted or denied, the notice will be published in the 
Federal Register pursuant to the authority indicated below.
    Comment closing date: March 20, 2000.

    (49 U.S.C. 30118, 30120; delegations of authority at 49 CFR 1.50 
and 501.8)

    Issued on: February 14, 2000.
Stephen R. Kratzke,
Acting Associate Administrator for Safety Performance Standards.
[FR Doc. 00-3896 Filed 2-17-00; 8:45 am]
BILLING CODE 4910-59-P