Interpretation ID: aiam0402
Coordinator
Product Safety Regulations
Harley- Davidson Motor Co.
Inc.
3700 West Juneau Avenue
Milwaukee
WI 53201;
Dear Mr. Maas: This is in reply to your letter of June 21, 1971, concerning a disput you are having with your supplier of glazing materials concerning who is the 'prime glazing material manufacturer' as specified in S3.4 of Standard No. 205, and who would consequently be required to obtain a manufacturers' code number under S5.2 of the proposed amendment to Standard No. 205, published January 9, 1971 (Docket 71-1, Notice 1) (36 F.R. 326). You indicate that you purchase the glazing material from your supplier, and cut it to size for motorcycle windshields. You state that your supplier claims that although he manufactures the material to specification, he considers it to be purely a raw material, and that he is not a motor vehicle window or windshield manufacturer.; Federal Motor Vehicle Safety Standard No. 205 applies to 'glazin materials for use in . . .' specified types of motor vehicles, one of which is motorcycles. It applies to glazing material that is manufactured for use in these vehicles before as well as after it has been cut to size or installed in the motor vehicle.; If a manufacturer is producing glazing materials that he knows are fo use in motor vehicles he is, under the National Traffic and Motor Vehicle Safety Act, manufacturing glazing (1) which must comply with Standard No. 205 and (2) which he must certify, as specified in section 114 of the Act, and the Certification regulations (49 CFR Part 567, copy enclosed) as complying with the standard. A prime glazing material manufacturer may certify the material by the alternative method specified in S3.4 of Standard No. 205.; The standard clearly distinguishes between the prime manufacturer an those who merely cut the material, and places responsibility for compliance and certification on the former as well as the latter.; A producer of the basic glazing material, to be used in motor vehicles is a 'prime glazing material manufacturer' under the standard, and would be required to obtain the manufacturers' code mark under S5.2 of the proposed standard.; That proposal is currently under consideration, however, and it i recommended that no action be taken until a final regulation is published.; Sincerely, Lawrence R. Schneider, Acting Chief Counsel