Interpretation ID: aiam2385
Imperial Chemical Industries Limited
P.O. Box No. 90
Wilton Middlesborough
Cleveland TS6 8JE
England;
Dear Mr. Cowley: This responds to your July 2, 1976, question whether evaluation of th 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 brak 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 fo 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. S 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, Frank A. Berndt, Acting Chief Counsel