Interpretation ID: 1983-3.22

TYPE: INTERPRETATION-NHTSA

DATE: 11/19/83

FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA

TO: Libby-Owens-Ford Company

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Richard P. Keim Manager of Automotive Glass Replacement Services Libby-Owens-Ford Company 811 Madison Avenue P.O. Box 799 Toledo, Ohio 43695

Dear Mr. Keim:

This responds to your letter of September 26, 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 replacement 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 Z26 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 specific 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.

Sincerely,

Frank Berndt Chief Counsel

September 26, 1983

Mr. Steven Oesch Chief Counsel Department of Transportation National Highway Traffic Safety Adminstration 400-7th Street S.W. Room 5219 Washington, D. C. 20590

Dear Mr. Oesch:

This is in regard to our phone conversation of September 22, 1983. We are contemplating out-sourcing some of our replacement auto glass requirements with other manufacturers but we feel we need a clarification of the requirements of manufacturers identification on the actual glass parts.

LOF's "DOT" registration No. is 15. This number along with the LOF logo "AS" number "M" number, etc. appears in the monogram on each piece of glass we produced in accordance with DOT regulations.

Our scenario is this. We have been told by other glass manufacturers that they could produce glass for LOF using LOF's logo ( or name ) and glass description in combination with their "DOT" registration number. An example of this is depicted below:

Typical monogram as currently placed on glass produced by LOF:

"INSERT"

Proposed alteration of monogram to be used by another manufacturer producing glass for LOF with LOF's permission, would be to substitute their own DOT Registration No. in place of DOT 15.

Questions which we have raised include:

1. Can another glass manufacturer put an LOF trademark on his glass with permission from LOF?

2. Can another glass manufacturer put the LOF logo on his glass with permission from LOF?

3. Can another glass manufacturer use LOF's "M" number on his glass with permission from LOF?

4. Must the name of the country of manufacture appear on the glass if manufactured in a country other than the U.S.? For example - Made in U.S.A does not have to appear on our glass.

If the answer to any of these questions is no, please explain if there is any other substitution(s) that could be made which would make it permissible for another manufacturer to put the name LOF on glass he manufactures.

It has been indicated to us that some manufacturers are already producing glass using other companies names on their glass, but using their own DOT number.

Your consideration of this issue and prompt reply will be greatly appreciated.

Regards,

Richard P. Keim Manager of Automotive Glass Replacement Services

RPK/slj

cc: A. E. Riggs J. M. Oathout R. E. Miller C. C. Washing J. W. Leonard G. C. McNaul