ID: 10499

Ms. Barbara Kise
124 Dormar Drive
North Syracuse, NY 13212-2708

Dear Ms. Kise:

This responds to your letter of November 11, 1994 asking whether the air bag in your 1994 Oldsmobile can be disconnected. You explained that you use oxygen for emphysema and chronic bronchitis and are concerned that your lungs might not be able to tolerate the powder ejected if the air bag deploys in a crash.

Standard No. 208, Occupant Crash Protection, requires that cars be equipped with automatic crash protection at the front outboard seating positions. The air bags in your car were installed as one means of complying with that requirement. The removal or deactivation of one of those air bags by a vehicle dealer is prohibited by a provision of Federal law, 49 U.S.C. '30122. The provision provides that:

A manufacturer, distributor, dealer, or motor vehicle repair business may not knowingly make inoperative any part of a device or element of design installed on or in a motor vehicle or motor vehicle equipment in compliance with an applicable motor vehicle safety standard.

However, in limited situations in which a vehicle must be modified to accommodate the needs of a person with a particular disability or a person's special medical needs, NHTSA has in the past stated that it would consider violations of the "make inoperative" prohibition as purely technical ones justified by public need, and that it would not institute enforcement proceedings.

NHTSA has previously stated that chemical and medical tests indicate that an air bag inflation poses no respiratory system hazard, even for persons who are highly susceptible to airborne particles. However, one recent test series of persons with an asthmatic condition revealed that prolonged exposure (20 minutes with the windows rolled up) to the atmosphere inside a vehicle after both the driver and passenger air bags have deployed can induce significant asthmatic reactions in some persons. Please note that these were worst case test conditions unlikely to be found in a real world crash situation.

However, given this test, we would recommend that you consult your doctor to determine whether any significant hazard could result if you were exposed to air bag deployment by-products. I have enclosed a report on this test for you to share with your doctor to assist in this determination. If you and your doctor decide that the risk to you offsets the potentially life-saving benefits of your air bag, and you wished to have your air bag deactivated, we would regard the deactivation a purely technical violation of the "make inoperative" prohibition justified by public need. Accordingly, we would not institute enforcement proceedings against the person who deactivated the air bag. I would recommend that the manufacturer of the vehicle and/or air bag be consulted on the safest way to disconnect the air bag.

I want to add a caution. The purpose of the "make inoperative" prohibition is to ensure, to the degree possible, current and subsequent owners and users of your vehicle are not deprived of the maximum protection afforded by the vehicle as newly manufactured. Accordingly, we urge that the air bag be reactivated prior to selling the vehicle. In addition, I strongly encourage you to ensure that every person in your vehicle always uses his or her safety belt.

I hope that this letter resolves your problem. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

Enclosure d:1/9/95 ref:VSA#208

ID: 10512

Ms. Dona B. Mann R.N., C.E.T.N.
Fastrac Ideas, Inc.
P.O. Box 2579
High Springs, FL 32643

Dear Ms. Mann:

This responds to your letter of November 14, 1994, concerning the "Koze Kover" seat belt holder. Your letter explains that "(t)he Koze Kover seat belt holder will hold the descending shoulder strap away from the jugular area of the neck. It is made from a tri- laminate material of polyester Kodel, 1/4 inch foam and urethane coated pack cloth. It is fastened by a hook and loop closure." You asked whether this product would be affected by any Federal Motor Vehicle Safety Standards issued by this agency.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. The agency does not approve, certify or endorse any vehicles or equipment. Instead, manufacturers are required to certify that their vehicles and equipment meet all applicable standards. The following represents our opinion based on the facts provided in your letter.

There is currently no Federal motor vehicle safety standard that would apply to your product. We do have a standard (Standard 209, Seat belt assemblies) that sets forth requirements for new seat belt assemblies. However, since your product would not be installed as part of a new seat belt assembly, the standard would not apply.

While no Federal motor vehicle safety standard applies to your product, your device is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. ''30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or

NHTSA determines that your product contains a safety- related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, manufacturers, distributors, dealers, and motor vehicle repair businesses are subject to 49 U.S.C. section 30122, which prohibits them from installing the device if the installation "makes inoperative" compliance with any safety standard. It appears unlikely from the nature of your product that it would be placed in vehicles by commercial businesses instead of consumers. However, if your product were to be installed by persons in those categories, they must ensure that its installation does not compromise the safety protection provided by the vehicle belt system. The prohibition of section 30122 does not apply to the actions of vehicle owners in adding to or otherwise modifying their vehicles or items of motor vehicle equipment.

Please note that the addition of any device to a vehicle's belt system raises possible safety concerns. With a device such as yours, the realigning of the shoulder belt could increase the likelihood that the wearer would twist toward the middle of the vehicle, so that the person could be partially or completely unrestrained by the shoulder belt. In addition, if the device introduced excessive slack into the belt system, the occupant's head would be more likely to contact the vehicle interior. Finally, you should be aware that originally installed safety belts must meet the requirements of Standard No. 302, Flammability of Interior Materials. We encourage you to evaluate your product against the requirements of this standard to ascertain whether it would degrade the flammability performance of safety belts.

I hope this information has been helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

Enclosure

ref:209 d:1/4/95

ID: 10526

Mr. Harry C. Gough, P.E.
State of Connecticut
Department of Motor Vehicles
60 State Street
Wethersfield, CT 06161

Dear Mr. Gough:

This responds to your letter to this office asking whether the retroreflective tape required to outline school bus emergency exits can, in the case of the rear emergency door, be placed on the door itself. The short answer is no.

You stated that the State of Connecticut requires that school bus bumpers be black. You further stated that one school bus manufacturer supplied buses with the bottom piece of the retroreflective tape installed on the rear bumper. You then noticed that a number of school buses from a different manufacturer had the bottom part of the tape installed on the door itself. You asked whether the language of S5.5.3 of Federal Motor Vehicle Safety Standard (FMVSS) No. 217, Bus emergency exits and window retention and release, permitted the installation of the retroreflective tape on the door itself.

Paragraph S5.5.3 of FMVSS No. 217 (49 CFR 571.217) provides:

Each opening for a required emergency exit shall be outlined around its outside perimeter with a minimum 3 centimeters wide retroreflective tape, either red, white, or yellow in color, . . .

This requirement was imposed by amendment to FMVSS No. 217 promulgated by a final rule published in the Federal Register on November 2, 1992 (57 FR 49413). In discussing this requirement in the preamble portion of the final rule, we said at 57 FR 49421:

Accordingly, the final rule requires a minimum 1 inch wide strip of retroreflective tape, either red, white, or yellow in color, to be placed around the outside perimeter of the emergency exit opening, not the emergency exit itself (emphasis added).

As you may know, the buses with the tape on the emergency exit doors have been recalled by the manufacturer. For information about the recall, you can contact the bus manufacturer, Thomas Built Buses, P. O. Box 2450, High Point, NC 27261.

Enclosed for your information are two interpretative letters issued by this office on related issues pertaining to the retroreflective tape requirement. See letter to Mr. Thomas D. Turner, Manager, Engineering Services, Blue Bird Body Company, dated July 7, 1993; and letter to Mr. Turner dated March 28, 1994.

I hope the above information is helpful to you. Should you have any further questions or need additional information, please feel free to contact Walter Myers of my staff at this address or at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

Enclosures

Ref:217 d:3/16/95

ID: 10527

Ms. Robin R. Miller
DaRosa and Miller
208 North West Street
P.O. Box 48
Wheaton, IL 60189-0048

Dear Ms. Miller:

This responds to your letter of November 22, 1994, requesting information on what type of occupant protection systems (seat belts and/or air bags) were required in four passenger cars. The passenger cars were manufactured by Excalibur Automobile Corporation (Excalibur) between January 10, 1994, and May 6, 1994.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) is authorized under Title 49, Chapter 301 of the U.S. Code to issue Federal motor vehicle safety standards that apply to the manufacture and sale of new motor vehicles and new items of motor vehicle equipment. Chapter 301 prohibits any person from manufacturing, introducing into commerce, selling, or importing any new motor vehicle or item of motor vehicle equipment unless the vehicle or equipment item is in conformity with all applicable safety standards. NHTSA does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead, the Safety Act establishes a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards.

One of the standards established by NHTSA, Standard No. 208, Occupant Crash Protection (49 CFR 571.208) requires some type of occupant protection system to be installed at all designated seating positions in all passenger cars. Different installation requirements apply depending on the seating position within the vehicle and the date of manufacture.

For passenger cars manufactured on or after September 1, 1989, but before September 1, 1996, Standard No. 208 requires automatic crash protection at every front outboard seating position. Automatic crash protection systems protect their occupants by means that require no action by vehicle occupants. Compliance with the automatic crash protection requirements of Standard No. 208 is determined in a dynamic crash test. That is, a vehicle must comply with specified injury criteria, as measured on a test dummy, in a 30 mph barrier crash test. The two types of automatic crash protection currently offered are automatic safety belts (which help to assure belt use) and air bags (which supplement safety belts and offer some protection even when safety belts are not used).

In addition, for passenger cars manufactured on or after September 1, 1989, but before September 1, 1996, Standard No. 208 requires Type 2 belts at every forward facing rear outboard designated seating position, and a Type 1 or Type 2 seat belt assembly at every other seating position. Type 2 seat belt assemblies are defined in Standard No. 209, Seat Belt Assemblies, as "a combination of pelvic and upper torso restraints." Type 1 seat belt assemblies are defined in Standard No. 209 as "a lap belt for pelvic restraint."

You should be aware that Excalibur has applied for temporary exemption (49 CFR Part 555) from the automatic crash protection requirements of Standard No. 208 which would, if granted, apply to vehicles manufactured on or after the effective date of the exemption. Excalibur has also asked that it apply to those vehicles already manufactured but unsold and in dealer inventory. In addition, the manufacturer has also applied for an exemption from notification and remedy of its noncompliance with the automatic crash protection requirements on the basis that the noncompliance is inconsequential to motor vehicle safety (49 CFR Part 556). If granted, this would relieve Excalibur of the obligation to notify and remedy the noncompliance in vehicles already manufactured and not covered by the safety exemption petition. Prior to acting upon either of these applications, NHTSA will publish notices in the Federal Register requesting comments.

I hope this information has been helpful. If you have any other questions, please contact Mary Versailles of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

ref:208 d:1/5/95

ID: 10534

Allen F. Brauninger, Esq.
Office of the General Counsel
Consumer Product Safety Commission
Washington, D.C. 20207-0001

Dear Mr. Brauninger:

This responds to your letter asking whether a window shade intended for use on an automobile is motor vehicle equipment. I apologize for the delay in sending this letter. From the materials you sent us, we assume that you are referring to the roll-down shades that suction onto the rear side window of vehicles, usually for the purpose of keeping the sun off the faces of children strapped into child safety seats.

The answer to your question is yes. The window shades are an accessory (a type of motor vehicle equipment) under 49 U.S.C. '30102(a)(7). As explained in my September 16, 1994, letter from this office to Mr. Harleigh Ewell of your office, the National Highway Traffic Safety Administration (NHTSA) uses two criteria in determining whether a device is an "accessory." The two criteria are whether:

(1) A substantial portion of its expected uses are related to the operation or maintenance of motor vehicles; and

(2) it is purchased or otherwise acquired, and principally used, by ordinary users of motor vehicles.

Applying these criteria to the window shades, we conclude that they are accessories. We determine a product's expected use by considering product advertising, product labeling, and the type of store that retails the product, as well as available information about the actual use of the product. We assume that the window shade you are referring to has packaging that shows that its purpose is to shield vehicle occupants from the sun while the vehicle is in operation. The shade would typically be acquired and used by ordinary users of motor vehicles (i.e., anyone using the vehicle). Since the shade satisfies both criteria, it is considered to be an "accessory" and thus motor vehicle equipment.

NHTSA has issued no safety standards that apply specifically to window shades that are sold separately from the vehicle.

However, as you know, manufacturers of motor vehicle equipment are responsible under our statute for ensuring that their products are free of safety-related defects. If you will send us the information you have regarding the incidence of accidents caused by these window shades, we will forward it to the appropriate NHTSA office.

I hope this information is helpful. If you have any further questions, please feel free to contact Mr. Paul Atelsek at this address or by telephone at (202) 366-2992.

Sincerely,

Philip R. Recht Acting Chief Counsel

ref:VSA d:4/24/95

ID: 10535

Ms. Patricia Jackson
Patnel Company
25 St. Edward Lane
Florissant, MO 63033

Dear Ms. Jackson:

This responds to your letters asking about safety standards, particularly those about fire safety, for a product you call the Booster Buddy Cushion. According to promotional literature accompanying your letter, the Booster Buddy Cushion is placed under infant/toddler car seats to protect the car's upholstery and to provide additional comfort to young children. The literature also indicates that older children situated in booster seats (and on actual vehicle seats) could lean on this device.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, Congress has established a "self-certification" process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The following represents our opinion based on the information set forth in your letter and promotional literature.

There currently are no Federal motor vehicle safety standards (FMVSSs) that directly apply to the Booster Buddy Cushion. Our standard for "child restraint systems," FMVSS 213, applies to "any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less." The standard does not apply to accessory items, such as a pad/cushion that is used with a child safety seat.

While no FMVSS applies to the Booster Buddy Cushion, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. ''30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or NHTSA determines that your product contains a safety-related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, while it is unlikely that the Booster Buddy Cushion would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, 49 U.S.C. '30122 prohibits those businesses from installing the device if the installation "makes inoperative" compliance with any safety standard. Our FMVSSs require specific levels of performance for materials used in the occupant compartment of motor vehicles. Specifically, FMVSS No.302 specifies flammability resistance requirements for vehicle interiors. Any person listed in '30122 who installs a Booster Buddy Cushion must ensure that the product does not undermine the vehicle's compliance with those flammability resistance requirements.

The prohibition of '30122 does not apply to individual owners who install equipment in their own vehicles. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

We note that the pad/cushion you wish to manufacture can be used without a child seat, to cushion and support the head of a sleeping older child. We do not consider the pad/cushion to "position children" in a manner that a child seat positions children to better use a vehicle's belt system. Rather, the Booster Buddy Cushion simply provides a surface that a child may lean on. However, we are concerned about the possibility that consumers might use your product, instead of a child seat, with a child who should be restrained in a car seat. We recommend that you inform consumers purchasing your product that the Booster Buddy Cushion is not a child restraint system and must not be used as one.

I hope this information has been helpful. If you have any other questions, please contact Marvin Shaw or Deirdre Fujita of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

Enclosure

ref:213#302 d:3/3/95

ID: 10536bun

Ms. Lori A. Hawker
20 Begonia St.
Casper, WY 82604

Dear Ms. Hawker:

This responds to your letter asking about safety regulations for a product you wish to manufacture. You describe the product as "bunting" that fits inside an infant-only car seat. (An infant-only seat is lightweight and is easily used as an infant carrier to carry an infant to and from the car.) The bunting is intended as a substitute for a blanket. You state that the bunting has slots through which the harness on the car seat is threaded and the buckle of the harness is attached to the car seat. You believe that, when properly installed, "the bunting in no way interferes with the adjustment or function of the safety straps or buckle mechanism."

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. The following represents our opinion based on the information in your letter.

There is currently no Federal motor vehicle safety standard (FMVSS) that directly applies to your product. Our standard for "child restraint systems," FMVSS 213, applies to "any device except Type I or Type II seat belts, designed for use in a motor vehicle or aircraft to restrain, seat, or position children who weigh 50 pounds or less." (S4 of FMVSS 213) The standard does not apply to child seat accessories that are sold separately from the child seats, such as car seat pillows, pads and bunting.

While no FMVSS applies to the bunting, your product is considered to be an item of motor vehicle equipment. As a manufacturer of motor vehicle equipment, you are subject to the requirements of 49 U.S.C. ''30118-30121 concerning the recall and remedy of products with safety related defects. I have enclosed an information sheet that briefly describes those and other manufacturer responsibilities. In the event you or NHTSA determines that your product contains a safety-

related defect, you would be responsible for notifying purchasers of the defective equipment and remedying the problem free of charge.

In addition, while it is unlikely that the bunting would be installed by a motor vehicle manufacturer, distributor, dealer or repair business, 49 U.S.C. '30122 prohibits those businesses from installing the device if the installation "makes inoperative" compliance with any safety standard. Standard 213 specifies flammability resistance requirements for infant seats. Any person listed in '30122 who installs the bunting must ensure that the product does not vitiate the seat's compliance with those flammability resistance requirements.

The prohibition of '30122 does not apply to individual owners who install equipment in their own vehicles. Thus, individual owners may install any item of motor vehicle equipment regardless of its effect on compliance with Federal motor vehicle safety standards. However, NHTSA encourages vehicle owners not to degrade the safety of their vehicles.

I would like to close with the following remarks. It is crucial for the safety of an infant that the straps of its infant seat retain the baby's torso in a crash. Excessive slack in the straps due to the straps binding up on a fabric liner in the seat (such as bunting material), or because of excessive compression of the liner, can cause shoulder straps to move off an infant's shoulders. As a consequence, the infant can be ejected from the seat. We know that you recognize the importance of the straps in a crash, and that you believe that the bunting will not interfere with their adjustment or function. We underscore the importance of this feature. Bunting material that degrades the ability of an infant seat to restrain its occupant would be an obvious safety problem.

I hope this information has been helpful. If you have any other questions, please feel free to contact Deirdre Fujita of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

Enclosure ref:213 d:2/2/95

ID: 10553

Mr. G. Brandt Taylor
President
Day-Night Mirrors, Inc.
36 Barnes Hill Road
Berlin, MA 01503

Dear Mr. Taylor:

This responds to your letter asking about the requirements applicable to multiple reflectance mirrors in Federal Motor Vehicle Safety Standard (FMVSS) No. 111, Rear View Mirrors. You stated that your mirror can change its reflectivity either by mechanically rotating a shaft or by actuating an electrical motor.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue safety standards for new motor vehicles and new items of motor vehicle equipment. NHTSA does not, however, approve or certify any vehicles or items of equipment. Instead, each manufacturer is responsible for "self-certifying" that its products meet all applicable safety standards. The agency periodically tests vehicles and items of equipment for compliance with the standards.

FMVSS No. 111 specifies requirements for the performance and location of rearview mirrors. Section S11, which specifies requirements for mirror construction, provides in relevant part that

All single reflectance mirrors shall have an average reflectance of at least 35 percent. If a mirror is capable of multiple reflectance levels, the minimum reflectance level in the day mode shall be at least 35 percent and the minimum reflectance level in the night mode shall be at least 4 percent. A multiple reflectance mirror shall either be equipped with a means for the driver to adjust the mirror to a reflectance level of at least 35 percent in the event of electrical failure, or achieve such reflectance automatically in the event of electrical failure.

You asked several questions about the requirement for adjusting the mirror in the event of electrical failure. You first asked if a manual override knob could be removable. You then asked whether a removable manual override could be supplied by the car manufacturer along with the car keys or with the owner's manual for insertion into the mirror and use only in the event of an electrical failure. You also asked about whether "west coast" mirrors and mirrors on trailer trucks could have a removable manual override.

The answer to each of your questions is that a removable manual override knob would not be permitted. In the preamble to the final rule amending the mirror construction requirements in FMVSS No. 111, NHTSA stated that the agency's goal is to assure that multiple reflectance mirrors are capable of providing adequate images at all times during the vehicle's operation, including electrical failure situations where the mirror is unpowered. (see 56 FR 58513, November 20, 1991)

The manual override knob you discuss would serve as the means for the driver to adjust the mirror's reflectance level. However, a removable manual override knob would not always serve this purpose, since it would not necessarily always be with the mirror. We are concerned that a removable override device may become lost or otherwise not available when a mirror's reflectance needs to be adjusted. Accordingly, since the agency's goal of providing adequate images at all times during the vehicle's operation would only be achieved by requiring this device to be permanent, a removable override would not be permitted.

I hope this information is helpful. If you have any other questions, please contact Marvin Shaw of my staff at this address or by phone at (202) 366-2992.

Sincerely,

Philip R. Recht Chief Counsel

ref:111 d:2/13/95

ID: 10555

Mr. Robert E. Fouts
President
Earl's Performance Products
189 W. Victoria St.
Long Beach, CA 90805

Dear Mr. Fouts:

This responds to your question whether the whip test specified in Federal Motor Vehicle Safety Standard No. 106, Brake Hoses, can be interpreted to permit a modification to the test apparatus to facilitate your brake hose's meeting the whip test. As explained below, the answer is no.

You describe your brake hose as made of "extruded teflon armored with stainless steel braid." You state your brake hose can meet all Standard No. 106 test specifications except for the whip test (See S6.3). The whip test specifies fastening the brake hose on a test apparatus at two ends and cycling for 35 hours. You state because of "aggravated cyclic stress," your brake hoses fail before 35 hours. To prevent such failures, you wish to add a "whip dampener," a movable "spherical bearing enclosed in a machined housing", to the brake hose. In addition to the two ends, the whip test apparatus will mount the brake hose at the "whip dampener." You wish to know whether the whip test can be interpreted to permit mounting the brake hose at the "whip dampener."

In our opinion, S6.3 cannot be interpreted to permit mounting the brake hose at the "whip dampener." S6.3.1 Apparatus specifies a test apparatus that mounts the brake hose at "capped end fittings" on one end and "open end fittings" on the other, and specifies no mounting points in between. Thus, a test apparatus that mounts the brake hose at a "whip dampener," which is not an end fitting, would not meet Standard No. 106.

However, the issues raised in your letter have led us to consider amending the whip test to permit the "whip dampener" when testing steel braided brake hoses. Accordingly, we will initiate rulemaking to further consider the issues.

I hope this information is useful. If you have any further questions, please contact Dorothy Nakama of my staff at (202) 366-2992.

Sincerely,

Philip R. Recht Acting Chief Counsel

ref:106 d:4/24/95

ID: 10574

Mr. David O'Neil
Hehr International Inc.
3333 Casitas Avenue
Post Office Box 39160
Los Angeles, CA 90039-0160

Dear Mr. O'Neil:

This responds to your inquiry about Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, with respect to the labeling of glazing installed on transit buses. You stated that the passenger and driver side window glazing on certain transit buses will be a glass-plastic composite consisting of 1/4 inch tempered glass with DuPont Spallshield 307 plastic laminated to the interior surface. You asked whether this glazing must be certified and marked as Item 15B/16B glazing or whether it is possible to certify and mark the glazing as Item 2/3. You also asked whether taping the required cleaning instructions to the glazing satisfies the requirements of paragraph S5.1.2.10.

Question One: Must the glazing be certified and marked as Item 15B/16B or is it possible to certify and mark the glazing as Item 2/3?

The glazing described in your letter is tempered glass-plastic and therefore must be certified and marked as either Item 15B or 16B glazing. Item 2 and Item 3 glazing refers to glass, not glass-plastic glazing. It would be incorrect to certify and mark a glass-plastic item of glazing as glass.

Question Two: Does a label containing all required instructions which is taped to the glazing satisfy the requirements of paragraph S5.1.2.10?

Paragraph S5.1.2.10(a) states that

Each manufacturer of glazing materials designed to meet the requirements of S5.1.2.1, S5.1.2.2, S5.1.2.3, S5.1.2.4, S5.1.2.5, S5.1.2.6, S5.1.2.7, or S5.1.2.8 shall affix a label, removable by hand without tools, to each item of such glazing material. The label shall identify the product involved, specify instructions and agents for cleaning the material that will minimize the loss of transparency, and instructions for removing frost and ice, and at the option of the manufacturer refer owners to the vehicle's Owners Manual for more specific cleaning and other instructions.

S5.1.2.10(a) applies to your Item 15B/16B glazing since the glazing is required to comply with S5.1.2.6 or S5.1.2.8. S5.1.2.10(a) requires a manufacturer to "affix a label, removable by hand without tools..." Taping the instructions to the glazing is one way to affix a label to glazing that could be removed by hand without tools. Therefore, a manufacturer could comply with the requirements in S5.1.2.10(a) by taping the instructions to the glazing.

I hope this information is helpful. Please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information.

Sincerely,

Philip R. Recht Chief Counsel

ref:205 d:2/14/95