Interpretation ID: nht76-4.8

DATE: 09/22/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Imperial Chemical Industries Limited

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your July 2, 1976, question whether evaluation of the lubricity of DOT 4 brake fluid by the Society of Automotive Engineers (SAE) modified stroking test (SAE J1703f) is consistent with the requirements of Standard No. 116, Brake Fluids.

Standard No. 116 specifies that the stroking properties of DOT 4 brake fluids be tested by use of the apparatus described in SAE Standard J1703b. This is the procedure that would be used in a determination of whether a certain brake fluid conforms to the requirements of Standard No. 116. Section 571.5 of our regulations (49 CFR Part 571) provides that materials subject to change are incorporated into a standard as provided in the standard or, if no indication is made, as of the date of adoption of Part 571. In this case, the standard indicates that J1303b is the version of the SAE practice that has been incorporated.

This does not mean that you cannot use the modified SAE procedure for purposes of your certification testing. Your obligation as a manufacturer is to ensure that your certification of compliance is not false or misleading in a material respect, and that you have exercised due care in manufacturing to conform to Standard No. 116 (15 U.S.C. @ 1397(b) (2)). A manufacturer is not required to follow specifically the test procedures of the standards. Rather, he must ascertain, in the exercise of due care, that his product will conform to the requirements of the standard when it is tested by the stated methods. The NHTSA cannot approve a manufacturer's test procedure as the basis of due care in advance of the actual events that underlie certification.

Sincerely,

ATTACH.

Imperial Chemical Industries Limited

Petrochemicals Division Headquarters

National Highway Traffic Safety Administration -- Department of Transportation

JULY 2, 1976

Dear Sirs

DOT 4 BRAKE FLUID

We refer to your specification for DOT 4 grade brake fluid as given in the Federal Motor Vehicle Safety Standard No 116, published in the Federal Register, Vol 36, No 122, June 24 1971.

We note that in section S6.13 the evaluation of stroking properties follows the procedure given in SAE J 1703b section 4.12 "Simulated Service Performance".

However our latest SAE Standard for brake fluid (SAE J1703f) contains details of a modified stroking test.

We are considering changing our stroking test apparatus to comply with SAEJ1703f and would be grateful if you could confirm that evaluation of brake fluid lubricity by this method is acceptable for DOT 4 grade fluid.

Yours faithfully

J J Cowley