Interpretation ID: nht93-4.35

DATE: June 17, 1993

FROM: John Womack -- Acting Chief Counsel, U.S. Department of Transportation, NHTSA; Signature by Kenneth N. Weinstein

TO: Dennis Platt -- Sergeant, Program Supervisor, Vehicle Safety & Equipment Section, Utah Highway Patrol

TITLE: None

ATTACHMT: Attached to letter dated 4-20-93 from Dennis Platt to Marvin Shaw (OCC 8577)

TEXT: This responds to your letter requesting an interpretation of the labeling requirements of Standard No. 205, GLAZING MATERIALS (49 CFR S571.205) for glazing used in school buses and heavy trucks. You explained that along with the information required by Standard No. 205, the windshields in your jurisdiction are being replaced with glass that is marked with "16 CFR 1201 CAT II." You asked whether it is permissible to mark replacement windshields with both the AS1 marking required by Standard No. 205 and "16 CFR 1201 CAT II." As explained below, it would be permissible for glazing to be marked with this additional information.

Under the authority of the National Traffic and Motor Vehicle Safety Act, NHTSA has issued Standard No. 205, GLAZING MATERIALS, which establishes marking and certification requirements for manufacturers and distributors of glazing materials. A replacement windshield would be required to be marked with the following information in accordance with section 6 of the American National Standard (ANS) Z26: (1) the words "American National Standard" or the characters "AS," (2) a number identifying the item of glazing, (3) a model number assigned by the manufacturer that identifies the type of construction of the glazing material, and (4) the manufacturer's distinctive designation or trademark. In addition, the replacement windshield would be required to be marked with the symbol "DOT" and a manufacturer's code mark assigned by this agency.

With respect to additional information not required by the Standard, the agency's longstanding policy is that an item of glazing is permitted to be marked with additional information provided that the additional marking does not obscure or confuse the meaning of the required information.

The purpose of the marking -- 16 CFR 1201 CAT II -- is to inform a glazing purchaser that the glazing may be used for architectural applications. Thus, such information would serve a different purpose than our marking requirements.

It is our opinion that marking glazing with the information about its use for architectural applications would not cause confusion with respect to the markings required by Standard No. 205, nor raise other concerns with respect to our marking requirements. We believe that the additional marking would not interfere with an individual's understanding that the glazing is certified for motor vehicle applications.

You express concern that glass designed for architectural purposes (e.g., for shower stall doors) might not be appropriate for motor vehicles. Glazing cannot be certified to Standard No. 205 unless it meets all requirements of that standard. Glazing certified to Standard No. 205 has the appropriate

performance characteristics to be installed in motor vehicles, even if the glazing was also designed for architectural purposes.

I hope you find this information helpful. If you have any other questions, please contact Mr. Marvin Shaw of my staff at (202) 366-2992.