Interpretation ID: nht90-3.40

TYPE: INTERPRETATION-NHTSA

DATE: August 1, 1990

FROM: Jamie McLaughlin Fish -- Director of Intergovernmental Affairs, NHTSA

TO: Connie Mack -- United States Senator

TITLE: None

ATTACHMT: Attached to letter dated 5-30-90 from G.N. Routh to C. Mack; Also attached to letter dated 5-29-90 from G.N. Routh to NHTSA c/o J. Medlin

TEXT:

Thank you for your recent letter to Mr. Tom Enright, our Regional Administrator for the southeastern States, on behalf of your constituent Mr. G. Nick Routh, the President of American Energetics in St. Petersburg, Florida. Mr. Routh wrote to you concern ing Federal safety standards on light transmittance through motor vehicle windows.

The National Highway Traffic Safety Administration (NHTSA) is responsible for issuing Federal motor vehicle safety standards which require specific levels of safety performance for new motor vehicles and motor vehicle equipment. One of ourstandards requ ires that a certain amount of light be transmitted through the windows (called glazing in our standard) of motor vehicles. The purpose of this standard is to ensure driver visibility through the windows, thereby reducing the risk of a motor vehicle cras h.

Under Federal law, a motor vehicle manufacturer must certify that the glazing in its new vehicles meets the light transmittance requirements of our standard. Under the law, there are limitations on tinting vehicle windows after sale to the first purchas er. Here, Federal law prohibits any manufacturer, distributor, dealer, or repair shop from modifying equipment installed for compliance with our safety standards, if the modification causes the vehicle or equipment to no longer comply with the safety st andards. Thus, these business establishments cannot add tinting film if it reduces the level of light transmittance below that required by the Federal standard.

The individual States have the authority to establish requirements for vehicles to be operated or registered in the States, provided that those requirements do not conflict with the requirements of Federal law. Several states have passed laws that prohib it the operation or registration of a vehicle in those States if the vehicle's glazing has a light transmittance below a given level. These State laws do not purport to legitimize conduct -- tint installation firms adding film to glazing so that light t ransmittance is below the level required by the Federal standard -- that is illegal under Federal law. Thus, there is no conflict between Federal law and these State laws, and the States may continue to enforce their operating rules.

Your constituent is president of a company that sells and distributes solar window film to be installed on automobiles. As indicated above, this film is not allowed to be installed by the above-mentioned types of businesses if it results in a lower leve l of light transmittance for the windows than is required by our standard.

Specifically, your constituent enlists your assistance in urging NHTSA to adopt a change in our safety standard for light transmittance.

Changes to safety standards can be made by the agency in response to petitions. We have, in fact, been petitioned to change the light transmittance requirement in our safety standard. In order for us to make a change in a standard, we must determine th at sufficient facts are available to support a change. To obtain such information, the agency granted a petition (mentioned by your constituent) for a change in the light transmittance requirement, and published a request for comments on the issue.

However, the granting of this petition does not necessarily mean the standard will be changed. Rather, it indicates that we believed that a review of the current light transmittance requirements in our safety standard was appropriate.

Currently, the agency is completing our review of all the comments received. Based on our review and analysis of all information submitted to the agency, along with other data available, the agency will make a final decision on the appropriate regulator y action. The options include: proceeding with a notice of proposed rulemaking to change the light transmittance requirements; a termination of the rulemaking because our review and analysis did not indicate a change in the light transmittance requiremen ts is appropriate at this time; or leaving the rulemaking open, with no final decision, and continuing research into the question of the appropriate level of light transmittance. This last option would mean that the standard would remain as it is today - thereby precluding the use of certain window film -- but the agency would indicate that further research is necessary before a final determination on the question of changing the light transmittance requirement can be reached.

I hope this information is helpful.