Interpretation ID: nht87-2.38

TYPE: INTERPRETATION-NHTSA

DATE: 07/09/87

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Mr. Gary Harris

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Gary Harris Division Quality Control Manager LSI Safelite 801 South Wichita Wichita, KS 67201

Dear Mr. Harris:

This responds to your letter of February 17, 1987, concerning the use of a DOT code number on glazing material by someone other than the prime manufacturer. I regret the delay in our response. You indicate in your letter that a customer has requested tha t you, as the prime manufacturer of the glazing material, include in your trademark on each piece of glazing material the DOT code number issued to you. You refer to the particular glazing material in question as "stock glass", since a customer purchases sheets of glazing material from you and then cuts the glazing into pieces for various unknown applications. You object to this request, because you have no control over the use to which the glazing material will be put. You request our opinion and we of fer the following.

The marking and certification requirements for glazing materials are contained in S6 of Federal Motor Vehicle Safety Standard No. 205, Glazing Materials, and include different marking requirements for a prime manufacturer and other types of manufacturers . (A prime glazing material manufacturer is defined in S6.1 as one who fabricates, laminates, or tempers the glazing material.) The only glazing material which must carry the DOT code mark is that produced by a prime manufacturer and designed as a compon ent of a specific motor vehicle or camper. Since you specifically indicate that you do not know the use to which the glazing material will be put, there is no requirement that this glazing material carry your manufacturer's code.

The purpose of the manufacturer's code 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 the prime manufacturer specifically for use in that vehicle and glazing that had been cut, shaped, or otherwise altered before installation. In a July 13, 1976, letter to "Luci te" Acrylic Sheet Products, we stated that the certification requirements had become widely understood and uniformly practiced throughout the glazing industry, which has aided the traceability of glazing for enforcement purposes. We went on to say that, for these reasons, we were no longer prohibiting the use of the prime glazing manufacturer's code number by the distributor or manufacturer who cuts the glazing, if the prime glazing manufacturer grants permission for such use of the code number to the d istributor or manufacturer.

In summary, you may include, if you wish, your DOT code number on glazing material not designed for use in a specific motor vehicle or camper, but sold by you to others. There is no obligation to do so, however. If you have further questions please feel free to contact us.

Sincerely,

Erika Z. Jones Chief Counsel

Erika Z. Jones Chief Counsel NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Room 5219-NCC01 400 Seventh Street Southwest Washington, D.C. 20590

Dear Erika:

Lear Siegler Incorporated - Safelite Division is a manufacturer of laminated and tempered safety glazing for use in automotive applications. Safelite manufactures safety glazing for specific locations in motor vehicles as well as laminated products that Safelite's customers will cut into parts for use in motor vehicles at their locations. This particular type of laminated glass, that will be cut by Safelite's customers into various parts for various unknown applications, is called "stock glass Stock gla ss is the subject of this letter.

LSI-Safelite has a customer who is requesting Safelite to include in it's trademark on each piece of stock glass, the Department of Transportations number. Safelite has a strong conviction that Safelite should not put it's Department of Transportation nu mber in the trademark of stock glass.

Safelite's man reason for having this conviction is that Safelite has no control over how it's customers use this glass after the customer(s) cut down into various parts for automotive glazing usage. The customer may very well use the AS-2 glass for a wi ndshield application which, in accordance to the Motor Vehicle Safety Standards. is incorrect usage of this particular type of glazing.

This letter is a request for a written interpretation from the National Highway Traffic Safety Administration's legal council of the Motor Vehicle Codes and/or Safety Standards views of using the prime manufacturers of safety glazing materials Department of Transportation code number on glazing that their customers will be cutting into various parts for usage unknown to the prime glazing material manufacturers.

Thank you for your time and consideration in this matter. Your timely response to this request would be greatly appreciated. Thank you again for your assistance.

Respectfully,

Gary Harris Division Quality Control Manager