Interpretation ID: nht71-1.16

DATE: 07/02/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Drake America Corporation

TITLE: FMVSS INTERPRETATION

TEXT: In your letter of June 18 you ask for confirmation "that automotive brake fluids SAS 7OR1 Heavy Duty and SAE 7OR3 Super Heavy Duty currently meet U.S. standards."

Federal Motor Vehicle Safety Standard No. 116, Motor Vehicle Hydraulic Brake Fluids, specifies performance requirements for SAE Type 7OR1, Type 7031 Arctic, and Type 70R3 brake fluids. Thus if those Types of brake fluids conform to the performance requirements of Standard No. 116 they will meet current Federal requirements.

You also ask for confirmation "that it is illegal for SAE 70R2 Moderate Duty to be sold in the U.S. . . . ." Paragraph S4 of Standard No. 116 does allow the manufacture and sale of types other than 70R1, 70R1 Arctic and 70R3, however, "when the type indicated is not the of these three types, the hydraulic brake fluid shall comply with [Standard No. 116's performance] requirements for SAE Type 70R1 ...." Since SAE Type 70R2 does not meet these requirements, its manufacturer, sale, and importation into the United States is precluded.

For your information I enclose a copy of a new amendment to Standard No. 116, a revised version of the Standard effective March 1, 1972, and an advance notice of proposed amendment which would allow fluids other than petroleum base, all of which appeared in the Federal Register for June 24.

Sincerely,

June 18, 1971

National Highway Traffic Administration Department of Transportation

Att:Lawrence R. Schneider

Acting Chief Counsel

Gentlemen:

As requested during our telephone conversation of this afternoon, we would appreciate your confirming to us the fact that automotive brake fluids SAE70RI Heavy Duty and SAE70R3 Super Heavy Duty currently meet U.S. standards.

If you can likewise indicate that it is illegal for SAE70R2 Moderate Duty to be sold in the U.S., it will be of assistance to us in establishing for a foreign government the standards followed by our government in the use of automotive brake fluids.

Many thanks for your assistance.

Yours very truly

Automotive Export Division

DRAKE AMERICA CORPORATION --

Paul M. Pancirer, Manager