Interpretation ID: 1983-1.13

TYPE: INTERPRETATION-NHTSA

DATE: 02/03/83

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Pulse Marketing Group, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

FEB 3, 1983 NOA-30

Mr. Thomas A. Kenny Secretary/Treasurer Pulse Marketing Group, Inc. P.O. Box 1324 Elkhart, Indiana 46515

Dear Mr. Kenny:

This responds to your recent letter requesting information concerning Safety Standard No. 205, Glazing Materials. You are considering marketing a "fiberglass reinforced plastic part" that would replace rear windows in buses. You ask whether the standard would be applicable.

The answer to your question is yes. Safety Standard No. 205 specifies performance and location requirements for all glazing materials used on motor vehicles, whether as original equipment or replacement parts. As a manufacturer or fabricator of glazing you would have to certify that your fiberglass product complies with all applicable requirements of the standard. Standard No. 205, and the ANS Z26 standard which is incorporated by reference, specifies three types of plastic materials which may be used in the rear windows of buses (including rear side windows). These are Items 4, 5, and 12 glazing materials. Your fiberglass window may only be used in the rear windows of buses if it complies with the performance requirements of one of these glazing types (Items), i.e., if it passes all of the tests specified for one of these Items. The fact that your product is opaque does not preclude its use, since Items 4, 5, and 12 glazing materials do not have to comply with any luminous transmittance requirements.

You also asked if any approvals are necessary before you market this product. The answer is no. The agency does not grant prior approvals of motor vehicles or motor vehicle equipment. Section 114 of the National Traffic and Motor Vehicle Safety Act provides that it is the responsibility of the glazing manufacturer or fabricator to determine compliance and to certify that its product complies with all applicable requirements of Safety Standard No. 205. The certification and marking requirements are prescribed in paragraph S6 of Standard No. 205. (I am enclosing a copy of section 114 of the Vehicle Safety Act, which is referenced in paragraph S6.)

Please contact Hugh Oates of my staff if you have any further question.

Sincerely,

Frank Berndt Chief Counsel

Enclosure

December 23, 1982

Office of Chief Council National Highway Traffic Safety Administration Washington, D.C. 20590

Dear Sirs:

PULSE, INC. represents a mnaufacturer of fiberglass reinforced plastic applications who is currently considering manufacturing and marketing a fiberglass reinforced plastic part that would essentially replace rear windows on buses in the aftermarkets.

Prior to the manufacture and marketing of this application, it is essential that we obtain all information pertaining to any legal requirements which may apply.

Our initial investigation resulted in contacting Mr. Doug Delve, Safety Compliance Engineer for the National Highway Traffic Safety Administration. Mr. Delve forwarded a copy of Motor Vehicle Safety Standard #205 which refers to window glazing materials under ANSI Z26.

After thoroughly evaluating STD 205 and ANSI Z26, we do not believe that they apply to our specific application.

As mentioned previously, the part would replace window glass located in the rear of various types of buses. We are also investigating side windows located near the rear of most buses. Unlike window glass, fiberglass reinforced plastic is opaque, eliminating rear window vision.

In our opinion, the applicability of STD 205 to our application is questionable due to the problems associated with defining a window.

In order that we may continue our manufacturing and marketing efforts, we would appreciate a legal interpretation outlining any Federal or state laws, regulations, or specifications which apply to the aforementioned application. If any approvals are required, please advise the necessary course of action and appropriate timing associated with gaining such approvals.

Thank you,

PULSE, INC.

Thomas A. Kenny Secretary/Treasurer

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