Interpretation ID: nht81-3.16

DATE: 09/08/81

FROM: AUTHOR UNAVAILABLE; F. Berndt; NHTSA

TO: Global Link, Inc.

TITLE: FMVSS INTERPRETATION

TEXT:

NOA-30

Ms. Nancy Nishmura Global Link, Inc. 548 Rose Avenue Venice, California 90291

Dear Ms. Nishmura:

This letter confirms your recent telephone conversations with Joan Griffin of my staff regarding Safety Standard No. 205, Glazing Materials. You asked Ms. Griffin what safety standards apply to the manufacture of automotive glazing materials, and whether glazing manufacturers must obtain prior approval from the National Highway Traffic Safety Administration (NHTSA) before manufacturing and marketing their products.

The National Traffic and Motor Vehicle Safety Act, as amended in 1974 (the Act), authorizes NHTSA to issue Federal motor vehicle safety standards which are applicable to motor vehicles and motor vehicle equipment. Safety Standard No. 205, Glazing Materials, specifies performance requirements for glazing materials to be used in motor vehicles and motor vehicle equipment. The standard incorporates by reference the American National Standard "Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways," Z26.1-1966 (ANS Z26). The requirements of Standard No. 205 are set forth in ANS Z26 in terms of performance tests that the various types or "Items" of glazing must pass. There are 13 "Items" of glazing for which requirements are specified in the standard. Copies of Standard No. 205 and ANS Z26 were sent to you at an earlier date.

NHTSA does not require or offer prior approval of compliance of any vehicle or equipment design with any safety standard before the manufacturer's certification of its product. It is the manufacturer's responsibility under the Act to determine whether its vehicle or equipment complies with all applicable safety standards and regulations and to certify its vehicle in accordance with that determination. Standard No. 205 sets forth specific certification and marking requirements in paragraph S6. It is our understanding that you represent Asahi Glass Co., a manufacturer of glazing materials. The requirements for prime glazing material manufacturers (those who fabricate, laminate, or temper the glazing material) such as Asahi are set forth in paragraphs S6.1-6.3. These para- graphs require each prime glazing material manufacturer to mark the glazing materials in accordance with Section 6 of ANS Z26 and Section 114 of the Act. Section 6 of ANS Z26 requires that the glazing be permanently marked with the words "American Standard" or the letters "AS", a model number assigned by the manufacturer that identifies the type of construction of the glazing material, the manufacturer's trademark or designation, and the "Item" number. Paragraph S6.2 further requires the manufacturer to mark the glazing with the symbol "DOT" and the manufacturer's code mark, which is assigned by NHTSA. The code mark assigned to Ahasi Glass Co. is "20". Section 114 of the Act provides that an item of motor vehicle equipment may be certified by means of a label or tag on the item or on the outside of a container in which the equipment is delivered. The label or tag must state that the item of motor vehicle equipment complies with all applicable motor vehicle safety standards, which in this case would be Standard No. 205.

Section 108(a)(1)(A) of the Act provides that:

No person shall manufacture for sale, sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard....

Section 109 imposes a civil penalty up to $1,000 for each violation of Section 108. However, Section 108(b)(1) provides that there is no violation of Section 108 if the person establishes that he did not have reason to know in the exercise of due care that the vehicle or item of motor vehicle equipment did not conform to certain standards. Thus, Asahi does not necessarily have to follow the test procedures set forth in ANS Z26 in determining that glazing complies with the requirements of Standard No. 205. As long as the manufacturer acts with due care, he can certify that his glazing materials comply with the standard based on means other than such testing. For example, it should be sufficient to use analytical means alone if they are reliable predictors of how glazing would perform when tested. The procedures set forth in ANS Z26 are the procedures that the agency will follow in doing its compliance testing.

We hope you find this information helpful. Please contact Joan Griffin (202-426-9511) if you have further questions.

Sincerely,

Frank Berndt Chief Counsel