Interpretation ID: costa24725

Mr. Larry J. Costa
55613 Currant Rd.
Mishawaka, IN 46545

Dear Mr. Costa:

This responds to your letter in which you ask that we provide a response to the following four questions:

1. Would broken safety tempered glass fragments being larger than the FMVSS 571.205 size limit that are caused by the annealing of soldering on safety tempered glass, be a violation of Federal Motor Vehicle Safety Statutes?
2. What would be the applicable statutes defining the violation, its remedies and penalties?
3. Who would be responsible for the violation of these Federal Motor Vehicle Safety Statutes on new vehicles?
4. Who would be responsible for the violation of these Federal Motor Vehicle Safety Statutes on vehicles being repaired?

Your questions are addressed below.

By way of background information, the National Highway Traffic Safety Administration (NHTSA) has the authority to issue Federal motor vehicle safety standards (FMVSSs) applicable to new motor vehicles and new items of motor vehicle equipment. Federal law establishes a self-certification system under which motor vehicle and equipment manufacturers themselves certify that their products comply with all applicable standards. For that reason, NHTSA neither endorses, approves, nor conducts testing of products prior to their introduction into the retail market. Rather, we enforce compliance with the standards by purchasing vehicles and equipment and testing them. We also investigate safety-related defects.

Pursuant to NHTSA=s authority, the agency has established FMVSS No. 205, Glazing Materials (49 CFR 571.205), which specifies performance requirements for

various types of glazing (called Aitems@), and specifies the locations in vehicles in which each item of glazing may be used. The standard also incorporates by reference the commercial standard American National Standard Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways - Standard ANSI Z26.1-1977 (ANSI Z26.1-1977) as supplemented by Z26.1a-1980 (hereinafter referred to as "ANS Z26").

In ANS Z26, Section 5.7 "Fracture, Test No. 7" limits the size of inDIVidual glass fragments that form as a result of impact to a glazing surface and requires that no inDIVidual glass fragment weigh more than 4.25 g (0.15 oz.). This current test does not require that its procedure be conducted with the electrical terminals attached to the glazing materials conductors and soldered by processes that represent the manufacturers production and rework processes. Therefore, glazing which complies with the fragment size requirement of Test No. 7 prior to any soldering processes is presently compliant with this particular aspect of the FMVSS No. 205.

NHTSA published a Notice of Proposed Rulemaking (NPRM) on August 4, 1999 (64 FR 42330), to amend FMVSS No. 205 so that it incorporates by reference the October 1996 version of ANS Z26, the industry standard on motor vehicle glazing. Currently, the Federal standard incorporates the 1977 version. Section 5.7 "Fracture, Test 7" of the October 1996 version requires that no inDIVidual glass fragment weigh more than 4.25 g (0.15 oz.) as in the current ANS Z26. However, it further requires that specimens: 1) be selected from a range of glazing that a manufacturer produces or plans to produce; and 2) be of the most difficult part or pattern designation within the model number. Further, in selecting the specimens, thickness, color and conductors must be considered. Therefore, should we incorporate the 1996 version as proposed, manufacturers would be required to certify that glazing materials with conductors that may have localized annealing from a heating/cooling process would not produce any inDIVidual glass fragment weighing more than 4.25 g (0.15 oz.) in a fracture test. A final decision on that rulemaking is expected soon.

49 U.S.C. ' 30112 (copy enclosed) (formerly ' 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act ^[1]) provides that no person shall Amanufacture for sale, sell, offer for sale, or introduce or deliver for introduction into interstate commerce, or import into the United States@ any item of new motor vehicle equipment unless the equipment complies with all applicable safety standards and is so certified by its manufacturer. It would be a violation of this section of Federal law for any person to manufacture or sell any glazing material for use in motor vehicles unless the products comply with applicable requirements of Standard No. 205. Further, it would be a violation of Federal law for any person to manufacture or sell a motor vehicle whose glazing does not comply with the performance and location requirements of Standard No. 205.

In addition, 49 U.S.C. '30122 provides that a manufacturer, distributor, dealer, or vehicle repair business may not knowingly Amake inoperative@ any device or element of design installed on or in a motor vehicle in accordance with any FMVSS. Glazing material could only be installed by the aforementioned entities if it meets the performance and location requirements of FMVSS No. 205.

A person that violates any of the aforementioned requirements is liable for a civil penalty of not more than $5,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections.

Manufacturers of motor vehicle equipment are also subject to the requirements of 49 U.S.C. ''30118-30120, which set forth the notification and remedy procedures for products with defects related to motor vehicle safety. Thus, if NHTSA or the manufacturer determines that the product contains a safety-related defect, the manufacturer is responsible for notifying purchasers of the defective equipment and for remedying the problem free of charge. This responsibility is borne by the vehicle manufacturer in cases in which the product is installed on a new vehicle by or with the express authorization of that vehicle manufacturer.

For your further information, I am enclosing a fact sheet we prepared entitled Information for New Manufacturers of Motor Vehicles and Motor Vehicle Equipment, and Where to Obtain NHTSA=s Safety Standards and Regulations.

I hope this information is helpful. If you have any questions or need additional information, feel free to contact Nancy Bell of my staff at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosures
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d.11/26/02