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Interpretation ID: glazingquestions23315



    Byung-Jae Yoon, President
    Dae Kwang Special Glass Co., Ltd.
    25-2, Palyong-Dong
    Changwon-Si
    Kyeong-Nam 641-405, Korea


    Dear Mr. Yoon:

    Your letter to the National Highway Traffic Safety Administration (NHTSA) regarding the use of your DOT code has been referred to my office for reply. I apologize for the delay in responding. You ask 1) whether you can mold the DOT code on glass that you manufacture for off-road equipment, 2) whether you must self-certify your products, 3) whether your "coding plan," as provided through an example, is correct, and 4) whether your DOT code needs to be updated every two to three years.

    By way of background information, 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 does not approve or conduct 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). FMVSS No. 205 incorporates by reference the American National Standard "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways" Z-26.1-1977, January 26, 1977, as supplemented by Z26.1a, July 3, 1980 (ANS Z26)." FMVSS No. 205 and ANS Z26 specify performance requirements for various types of glazing (called "items") and specify the locations in vehicles in which each item of glazing may be used.

    You first ask whether you may mold your DOT code on your products manufactured for use on off-road equipment. The answer is yes. However, all glazing that is marked with the DOT code must comply with the marking and certification requirements set forth in FMVSS No. 205. S6 of Standard No. 205 establishes marking and certification requirements for manufacturers and distributors of glazing materials. S6.1 requires every "prime glazing material manufacturer" (defined in S6.1 of Standard No. 205 as "one who fabricates, laminates, or tempers the glazing material") to mark all glazing materials it manufactures in accordance with section 6 of ANS Z26. S6.3 requires each prime glazing manufacturer to certify each piece of glazing designed to be cut into components for use in motor vehicles pursuant to the requirements of our statute at 49 U.S.C. 30115. Each manufacturer or distributor who would not be considered a "prime glazing material manufacturer," but who cuts a section of glazing material to which Standard No. 205 applies, must comply with the requirements set forth in S6.4 and S6.5 of Standard No. 205. For sections of glazing that are cut by the manufacturer or distributor, the manufacturer or distributor must mark it in accordance with section 6 of ANS Z26 (S6.4) and certify it in accordance with 49 U.S.C. 30115.

    Second, you ask whether your own certification showing that your products passed your own test requirements meeting FMVSS No. 205 is "good enough when they require us to issue certification." Each of the FMVSSs specifies the test conditions and procedures that NHTSA will use to evaluate whether a vehicle or equipment item conforms to the standard's performance requirements. However, the agency does not require a manufacturer to crash test vehicles or to evaluate its products only in the manner specified in the safety standards. A manufacturer may choose any means of evaluating a vehicle or equipment item to determine whether it complies with the requirements of the applicable FMVSS, provided that the vehicle or item does comply.

    Third, you ask several questions regarding your "coding plan" for your products. As a preliminary matter, the designations AS1 and AS2 are codes required on glazing materials by section 6 of ANS Z26 which describe the locations in which the items of glazing are used. These items of glazing must meet the prescribed tests and locations described in sections 4 and 5 of ANS Z26 and in FMVSS No. 205. A copy of ANS Z26 is enclosed. Based on the information provided in your letter, your coding plan does not appear to be correct as different types of glazing, e.g., laminated and tempered, are typically not combined in the same piece of glazing. Coding as described in your letter (AS1 and AS2 with arrows) typically specifies different items of glazing based on differing levels of transparency. (In your letter you incorrectly refer to Items 1 and 2 as AS1 and AS2.) Further, laminated and tempered glass, depending on various factors such as location in vehicle, use, and transparency, may possibly be characterized as item 3 through item 16 glazing. For this reason, you need to examine each item listed in FMVSS 205 and ANS Z26 to determine how to classify and label your glazing. If, after examining FMVSS No. 205 and ANS Z26, you write us again with more information about a particular item of glazing or a glazing code, we would be happy to provide an interpretation as to whether it is correct.

    Fourth, you ask whether your DOT code needs to be renewed every two to three years. The answer is no. Under our current requirements, you may continue to use your manufacturer code mark assigned by DOT indefinitely.

    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 (202) 366-2992.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    Enclosure
    ref:205
    d.4/1/02