Interpretation ID: 1983-1.1

TYPE: INTERPRETATION-NHTSA

DATE: 01/01/83 EST.

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Mr. Richard R. Kelm -- Manager of Automotive Glass Replacement Services, Libby-Ownes - Ford Company

TITLE: FMVSS INTERPRETATION

TEXT:

This responds to your letter of September 24, 1983, regarding the certification and marking requirements for glazing under S6 of Safety Standard No. 205, Glazing Materials. You stated that you are interested in "out-sourcing some of your replacements auto glass requirements" to other manufacturers and sought clarification on four points concerning glazing identification.

Section 6 of Standard No. 205 deals specifically with the certification and marking requirements for glazing materials. The standard incorporates by reference the American National Standard "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways," Z26.6-1966 (ANS Z26). You ask whether it is permissible under National Highway Traffic Safety Administration (NHTSA) regulations to allow another manufacturer, using its own DOT code mark, to put an LOF trademark and logo on its glass.

Section 6 of ANS 226 states that a manufacturer shall mark safety glazing materials with its own "distinctive designation or trademark." The purpose behind these markings was to aid in the tracing of glazing materials and the enforcement of applicable standards. Your letter states that the other manufacturer will place their DOT code mark on the safety glass. Since the other manufacturer is using its own DOT code mark, the tracing and enforcement policies will not be circumvented. Therefore, under these circumstances, the use of LOF's logo and trademark is not violative of Standard No. 205.

Further, you ask whether another glass manufacturer can use LOF's "M" number on his glass with LOF's permission. As long as the model number is an accurate description of the specified glazing material being produced, the other manufacturer may use it.

Lastly, you ask if the name of the country of manufacture must appear on the safety glass if not manufactured in the United States. The standard does not mandate that the country of manufacture be marked on the safety glazing materials.

Original Signed by Frank Berndt, Chief Counsel