Interpretation ID: aiam4613
Illinois 61761;
"Dear Ms. Turner: This responds to your letter requesting a interpretation of Standard No. 205, Glazing Materials (49 CFR 571.205). I apologize for the delay in this response. You were particularly interested in the marking requirements set forth in Standard No. 205. Before I address your specific questions, it might be helpful to provide some background information on the origin and purposes of those marking requirements. Different marking requirements apply depending upon whether your company is a 'prime glazing material manufacturer' or simply a manufacturer that cuts sections of glazing material to which Standard No. 205 applies. Section S6.1 of Standard No. 205 defines a 'prime glazing material manufacturer' as one who fabricates, laminates, or tempers the glazing material. Sections S6.1 through S6.3 of Standard No. 205 set forth marking requirements for prime glazing material manufacturers. Section S6.1 requires prime glazing material manufacturers to mark each item of glazing material in accordance with section 6 of American National Standard 'Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways,' Z-26.1-1977, January 26, 1977, as supplemented by Z26.1a, July 3, 1980 (ANS Z-26). One of the requirements of S6 of ANS Z-26 is that a manufacturer mark its glazing with its own 'distinctive designation or trademark.' Section S6.2 of Standard No. 205 requires prime glazing material manufacturers to mark each item of glazing material designed to be used in a specific vehicle with the symbol 'DOT' and a manufacturer code mark that is assigned by this agency. Section S6.3 requires prime glazing material manufacturers to certify compliance with Standard No. 205 for each piece of its glazing material to which Standard No. 205 applies that is designed to be cut into components for use in motor vehicles or items of motor vehicle equipment. Sections S6.4 and S6.5 of Standard No. 205 set forth marking requirements that apply to each manufacturer or distributor who cuts a section of glazing material to which Standard No. 205 applies for use in a motor vehicle or camper. Section S6.4 requires the manufacturer or distributor to mark that material in accordance with section 6 of ANS Z26. Section S6.5 requires the manufacturer or distributor to certify that its product complies with Standard No. 205. The purpose of these marking requirements is to help the agency identify the actual manufacturer of the glazing material for the purpose of defect and noncompliance recall campaigns. The difference in the marking requirements was designed to help the agency distinguish between glazing in a motor vehicle that had been manufactured by a prime glazing material manufacturer specifically for use in that vehicle and glazing that had been cut, shaped, or otherwise altered before installation. With this background, I will now address your specific questions. Your first question was whether the required markings must be located in any specified position on the glass, particularly the side door glass. No provision in either Standard No. 205 or ANS Z26 requires the manufacturer markings to appear in any specific position or area of the glazing. Hence, those required markings may appear anywhere on the glazing. Your second, third, and fourth questions were all concerned with the issue of whether the required markings must be visible after the glazing has been installed in a vehicle. The answer to this question is no. We first responded to this issue in an April 13, 1978 letter to Mr. Moe Pare, Jr. Mr. Pare had asked whether the certification markings required on glazing materials by Standard No. 205 must remain visible from the interior or exterior of a vehicle after installation. We replied that: 'There is nothing in the certification requirements of section S6 of Standard No. 205 that requires the markings to remain visible after installation on the vehicle.' I have enclosed a copy of our letter to Mr. Pare for your information. We elaborated on our interpretation of this issue in an August 31, 1984 letter to Mr. K. Yamada of Toyota Motor Corporation (copy enclosed). In that letter, we said: The certification requirements of section S6 of Standard 205 do not require the markings to remain visible after installation of the glazing on a vehicle. As long as the glazing manufacturer has certified and marked its glazing in accordance with the standard and as long as the markings are not removed by the vehicle manufacturer, there is no prohibition against covering the markings. Your fifth question asked about specifications for the height of the lettering, point size, and dimensions for the required markings on glazing. As noted above, section S6.1 of Standard No. 205 requires each prime glazing material manufacturer to mark glazing materials it manufactures in accordance with section 6 of ANS Z26. Section S6.4 of Standard No. 205 requires each manufacturer or distributor that cuts a section of glazing material for use in a motor vehicle or camper to mark the material in accordance with section 6 of ANS Z26. Section 6 of ANS Z26 states that: ... all safety glazing materials manufactured for use in accordance with this code shall be legibly and permanently marked in letters and numerals at least 0.070 inch (1.78 mm) in height, with the words 'American National Standard' or the characters AS, and, in addition, with a model number that will identify the type of construction of the glazing material. They shall also be marked with the manufacturer's distinctive designation or trademark. Footnote 27 in Section 6 of ANS Z26 reads: 'The model number shall be assigned by the manufacturer of the safety glazing material and shall be related by the manufacturer to a detailed description of a specific glazing material.' Your sixth and final question asked about the required content of the manufacturer certification and marking requirements for items of glazing. As noted above, the marking requirements for prime glazing material manufacturers are set forth in sections S6.1 through S6.3 of Standard No. 205. The marking requirements for manufacturers and distributors that cut a section of glazing material for use in a motor vehicle or camper are set forth in sections S6.4 and S6.5 of Standard No. 205. I hope this information is helpful. If you have any further questions or need any additional information about this topic, please feel free to contact Ms. Dorothy Nakama of my staff at this address or by telephone at (202) 366-2992. Sincerely, Stephen P. Wood Acting Chief Counsel Enclosures";