Interpretation ID: Underwood.1

Mr. Glenn Underwood
AGC Automotive-Americas
Quality Assurance, CQE
1 Auto Glass Drive (P.O. Box 5000)
Elizabethtown, KY 42702-5000

Dear Mr. Underwood:

This responds to your September 29, 2004, letter in which you requested an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials (49 CFR 571.205). Specifically, you asked about the requirements for marking glazing with an AS1 symbol, which signifies the point above or below which the glazing has light transmissibility greater than or equal to 70 percent. We are pleased to have the opportunity to answer your questions related to our regulations.

By way of background, the National Highway Traffic Safety Administration (NHTSA) is authorized to issue FMVSSs that set performance requirements for new motor vehicles and items of motor vehicle equipment. One of those standards is FMVSS No. 205, which specifies performance requirements for various types of glazing. FMVSS No. 205 incorporates by reference the American National Standard Institutes Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways Standard ANSI Z26.1. Accordingly, prior to sale, a manufacturer must certify compliance of its product with the requirements of FMVSS No. 205, including those requirements incorporated from ANSI Z26.1.

However, as your letter points out, NHTSA is in the process of modifying the regulatory requirements under FMVSS No. 205, by shifting from the currently referenced 1977 version of ANSI Z26.1 (supplemented by Z26.1a-1980) to the 1996 version of that ANSI standard. A final rule to effect this change was issued on July 25, 2003 (68 FR 43964). However, subsequent notices were issued extending the compliance date for the final rule, most recently to September 1, 2006 (see 69 FR 51188 (August 18, 2004)). As part of the final rule, the paragraph S3.1, Application, was modified to make the standard apply to both vehicles and equipment; accordingly, once in effect, both vehicle manufacturers and glazing manufacturers will be required to certify that their products meet the requirements of FMVSS No. 205.

As your letter correctly points out, the 1996 version of ANSI Z26.1 requires a slightly different symbol for marking AS1 glazing than did the earlier versions. Under the earlier versions, that glazing would be marked as A↓S1, but under the 1996 version, that glazing would

be marked as AS↓1. (Some glazing also may have portions requiring a similar mark with an arrow turned upwards, but the change in sequencing of the letters and symbol would be the same. )

Beginning on the compliance date of September 1, 2006, glazing manufacturers must mark glazing covered by the above-discussed requirement with the AS1 symbol that meets the specifications of the 1996 version of ANSI Z26.1. However, prior to that time, glazing manufacturers may produce and certify glazing with the AS1 symbol that meets the specifications of the 1977 version of ANSI Z26.1 (supplemented by Z26.1a-1980). Similarly, on September 1, 2006, vehicle manufacturers must certify that their vehicles, including installed glazing, meet the new requirements.

As a practical matter, during the period immediately preceding September 1, 2006, glazing could be manufactured and certified by the glazing manufacturer under the older version of ANSI Z26.1 but be held in inventory beyond that date, and as a result, a vehicle manufacturer would not be able to install such glazing in a vehicle because the newer versions of ANSI Z26.1 then would be in effect. We expect that this would be a one-time problem of brief duration. However, the agency will consider this issue in our response to petitions for reconsideration of the July 25, 2003 final rule, since several petitions raised the issue of the effective date of the final rule.

Nevertheless, we believe that the final rule itself provides a solution to the concern you have identified. As noted in the July 25, 2003 final rule (see 68 FR 43964, 43970) and in paragraph S3.1 of the August 18, 2004 final rule (see 60 FR 51188, 51191), for motor vehicles and glazing equipment manufactured before September 1, 2006, a manufacturer may, at its option, comply with the revised standard (i.e. , using the 1996 version of ANSI Z26.1) instead of the current version of FMVSS No. 205 (i.e. , using the 1977 version of ANSI Z26.1 supplemented by Z26.1a-1980). We believe that this provision for voluntary early compliance would allow you to resolve any concerns you or your customers might have regarding appropriate marking with the AS1 symbol during this period of transition.

If you have any further questions, please feel free to contact Eric Stas of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

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12/1/04