Interpretation ID: nht76-4.34

DATE: 07/13/76

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: "Lucite" Acrylic Sheet Products

TITLE: FMVSS INTERPRETATION

TEXT: This is in response to your letter of April 9, 1976, concerning the certification and marking requirements for glazing specified in Section 6 of Standard No. 205, Glazing Materials. You asked whether the standard prohibits use of the "DOT" symbol and manufacturer's code number by anyone other than a "prime glazing material manufacturer," as that term is defined in paragraph S6.1.

Our letter to Dupont explained the separate certification and marking requirements that are applicable to glazing prepared by prime glazing material manufacturers, distributors, and vehicle manufacturers. The standard specifies that the "DOT" symbol shall be placed on glazing that is designed by the prime glazing material manufacturer as a component of any specific motor vehicle. The agency's interpretations of several years ago pointed out that the standard requires a person other than a prime glazing manufacturer who cuts glazing materials to mark it in accordance with section 6 of ANS Z26 and to certify it in accordance with section 114 of the National Traffic and Motor Vehicle Safety Act of 1966. These interpretations emphasized that a person who cuts and shapes the glazing material received from a prime glazing manufacturer should not include the "DOT" symbol in his marking and certification.

At the time of the earlier interpretations, the NHTSA considered it necessary from the standpoint of enforcement to distinguish between glazing that had been manufactured by the prime glazing manufacturer for use in specific motor vehicles and glazing that had been cut, shaped, or otherwise altered by another party before installation. The agency was also concerned that the use of the "DOT" symbol by anyone other than the prime glazing manufacturer would be misleading and could create confusion.

Since that time, the certification procedures have become more widely understood and uniformly practiced throughout the industry, and this has aided the "traceability" of glazing materials for enforcement purposes. Therefore, the agency no longer prohibits the use of the "DOT" symbol and 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 his code number to the distributor or manufacturer.

Sincerely,

ATTACH.

E. I. DU PONT DE NEMOURS & COMPANY

INCORPORATED April 9, 1976

Mr. Frank A. Berndt, Esq. Office of Chief Counsel Department of Transportation National Highway Traffic Adm. 400 Seventh Street, S.W. Washington, D.C. 20591

Dear Mr. Berndt:

We have received a letter written by Robert L. Carter, Assoc. Adm., Motor Vehicle Programs reference N41-42, a copy of which is enclosed, relative to identification of plastic glazing under Federal Motor Vehicle Safety Standard No. 205, Glazing Materials.

Considerable quantities of "Lucite" * AR abrasion resistant sheet are used for bus glazing as well as motorcycles and recreational vehicles. We supply large sheets of glazing material which are fabricated into bus windows by our Official Distributors. The bus manufacturers have required that these suppliers hot stamp the windows with a DOT number in addition to the other required identification and we have authorized these Official Distributors to use our DOT number 80. A literal reading of Mr. Carter's letter would seem to prohibit such practices. This has resulted in confusion and could prove to be quite costly to our business. If the fabricators are prohibited from using the manufacturers' DOT numbers, it will mean the bus manufacturers will have to revise all of their glazing blueprints and specifications removing the DOT number identification. We would like to avoid this extreme if possible. In discussing this with the enforcement group of NHTSA, I was informed that "while the DOT number was not required to be used by our Distributors, it would not be specifically prohibited."

* Du Pont Co. trademark

We are uncertain which interpretation is correct or if they are compatible and have been advised to request from you a clarification and official opinion.

Would you please review the above and advise whether or not our Official Distributors can use the Du Pont DOT number 80 on glazing of "Lucite" AR going into bus and other transportation glazing in order to comply with bus manufacturers' specifications.

Sincerely,

Russell H. Berry -- Marketing Specialist, "Lucite" Acrylic Sheet Products