Interpretation ID: nht74-2.28
DATE: 01/23/74
FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA
TO: Dow Chemical Europe, S.A.
TITLE: FMVSS INTERPRETATION
TEXT: This is in reply to your letter of January 10, 1974, concerning motor vehicle brake fluid certification.
The answer to your first two questions is no. The answer to your third question is also no, since the report of the independent testing laboratory covers only the fluid actually tested and bears no necessary relationship to a manufacturer's quality control program and the necessity to assure continuing compliance with Standard No. 116.
The answer to the fourth question is yes - the manufacturer must satisfy himself of continuing compliance and, when necessary, provide data to the NHTSA in substantiation of his certification.
Yours truly,
ATTACH.
DOW CHEMICAL EUROPE S.A.
The Director -- National Highway Traffic Safety Administration, U.S. Department of Transportation,
Ref: MOTOR VEHICLE BRAKE FLUID CERTIFICATION
Dear Sir,
I am writing to you for clarification on a point which is, alas, still causing some confusion here in Europe.
As you can see from the attachment, I wrote to the SAE in 1969 and my letter to them was forwarded to Dr. Robert Brenner for the DOT position. Unfortunately I never received a reply.
May I therefore repeat my enquiry:
1. Does the DOT/NHTSA issue certificates of compliance of brake fluid with the current Federal Regulations (FMVSS116, March 1972)?
assuming not:
2. Does the DOT/NHTSA officially recognise certain laboratories as being capable of testing to the requirements of the current Federal Regulations?
assuming not:
3. Is the DOT/NHTSA satisfied when the manufacturer of brake fluid obtains a test certificate from an independent testing laboratory, showing compliance of its product with current Federal Regulations?
assuming not:
4. Does the DOT/NHTSA simply place the onus on the manufacturer to satisfy himself and, when necessary, to prove that his product complies with current Federal regulations?
Furthermore, I should appreciate guidance on the following:
Previous to the issuance of Federal Regulations, most of the individual States had their own regulations pertaining to brake fluid. After the issuance of Federal Regulations, can it be assumed that no State Authority may take action against a supplier/manufacturer/trader of brake fluid not complying with that particular State's regulations, but complying fully with the Federal regulations?
In other words, may a State legally enforce requirements which are different, more stringent etc. than the Federal regulations?
I should like to thank you in advance for your trouble and look forward to your reply.
Yours sincerely,
J. G. Abbott -- Transportation Chemicals Technical Service & Development
Society of Automotive Engineers, Inc.
December 23, 1969
J. G. Abbott -- Transportation Chemicals Development and Services, Dow Chemical Europe S.A.
Dear Mr. Abbott:
This is in reply to your letter of December 11, 1969 regarding brake fluid certification.
As noted in your letter, the practice in the United States is that laboratories certify to the manufacturers that their fluids meet either SAE or Federal Motor Vehicle Safety Standards. There is no control over the laboratories by SAE or the Federal Government. The competence of the laboratories is determined by the industry and those who use the laboratories specifically.
The policy which has been and will continue to be followed by SAE is to produce the best standards available and not to be involved in the deterimation of compliance to these standards. Since all SAE standards are for voluntary use by both industry and government, it would not be practical for us to do otherwise.
We cannot speak for the Department of Transportation which to the best of my knowledge does not at the present time have any plans to determine the adequacy of independent laboratories. I am referring your letter to Dr. Robert Brenner, Deputy Director, National Highway Safety Bureau (DOT) so that he can provide you with an official position regarding the Federal Government in this matter.
If I can be of any further assistance, please let me know.
Very truly yours,
Henry Martin -- Research Manager
cc: Robert Brenner
DOW CHEMICAL EUROPE S.A.
Society of Automotive Engineers
Attn. Hank Martin, permanent secretary, Brake Fluid Committ
Dear Mr. Martin,
As you are probably aware from certain questions raised at recent SAE Brake Fluid Committee meetings by personnel from Dow Chemical Company, Midland, we in Europe are at present experiencing some difficulty in establishing, for a large potential customer with a significant export business to the United States, the exact legal situation and also procedure required for a brake fluid to be considered legal within the United States.
At present, as I understand the situation and please correct me if I am wrong, a brake fluid is legal in the United States if it complies with the Federal Motor Vehicles Safety Standard No. 116 which, in turn, states that fluids complying with SAE J 7OR1, R3 (and presumably J 1703 and J 1703a) automatically comply with Regulation 116.
The big question now is: who is to determine whether a brake fluid complies with SAE specifications. In the United States, the practice is, I am informed, for the manufacturer to submit the fluid in question to a so-called independent testing institute for examination against SAE specifications. Examples of such institutes would be Foster O. Snell, Electrical Testing, South-Western Research etc. and they would, as a disinterested party between manufacturer and buyer, issue a notarised certificate stating whether the fluid did or did not fulfil SAE specifications.
The point recently raised by our customer, however, was that does the Department of Transportation or the SAE, whose specification constitutes Standard 116, have any control or check on these independent laboratories, also does any official D.O.T. or SAE approval exist which would then certify these laboratories as being approved testing institutes capable of testing brake fluids completely against the legal mimimum requirements.
Consequently, I am asking you to kindly state for me the official SAE standpoint in this matter.
My since thanks in advance for your trouble.
Yours faithfully,
J. G. Abbott -- Transportation Chemicals Development and Service