Interpretation ID: aiam5150
Captain Department of California Highway Patrol P.O. Box 942898 Sacramento
CA 94298-0001;
"Dear Mr. Burke: This responds to your letter requesting a interpretation of FMVSS No. 205, Glazing Materials (49 CFR 571.205). This interpretation is based on my understanding of the statements in your letter as well as statements made by Mr. Greg Bragg of the California Highway Patrol (CHP) in a telephone conversation with Mr. Clarke Harper of this agency's Office of Vehicle Safety Standards and Mr. Marvin Shaw of my staff. You ask about the marking responsibilities of glass installers who put replacement glass in school buses. CHP personnel have found school buses with replacement glass that is not marked. You ask whether an installer who cuts sections of glass from a larger, marked section is required by S6.4 of FMVSS No. 205 to mark each individual smaller section (if not already marked) prior to installing them as replacement windows. As explained below, the answer to your question is yes. The person who cuts a section of glazing to size for installation in a motor vehicle is considered a manufacturer of the glazing. This is because the item of glazing is not considered manufactured until it is in the form that it will actually be sold for installation into a motor vehicle. This position that the person cutting the glazing is a manufacturer was stated early in the history of Standard No. 205, in a letter to Donald Counihan (May 9, 1968). The agency has stated frequently since then that persons cutting sections of glazing are manufacturers, most notably in a preamble for a 1972 rule on Standard No. 205 adopting the requirements of S6.4. (37 FR 24035, November 11, 1972) NHTSA stated that S6.4 requires 'persons who cut glazing' to include the markings required by Standard No. 205 'on each cut piece.' S6.4 requires each person who cuts glazing to mark the piece with the markings required by section 6 of American National Standard (ANS) Z26. Section 6, ANS Z26 requires the following information: (1) the words 'American National Standard' or the characters 'AS,' (2) a number identifying the item of glazing, (3) a model number assigned by the manufacturer that identifies the type of construction of the glazing material, and (4) the manufacturer's distinctive designation or trademark. Section S6.5 of Standard No. 205 also requires that person to certify the material in accordance with section 114 of the National Traffic and Motor Vehicle Safety Act. While your letter refers to persons cutting sections of glazing from larger sections, we note that it is possible that an item of replacement glazing was designed for a specific vehicle by a 'prime glazing material manufacturer' (i.e., 'one who fabricates, laminates, or tempers the glazing material,' see S6.1 of Standard No. 205). If the item was so designed by such a manufacturer, the item must be marked and certified in accordance with S6.1 and 6.2 of Standard No. 205. A person other than a prime glazing material manufacturer installing the glazing without cutting it would have no marking requirement under Standard No. 205. I hope that you find this information helpful. If you have any other questions, please contact Mr. Shaw at (202) 366-2992. Sincerely, John Womack Acting Chief Counsel";