Interpretation ID: 2907yy
Glas-Weld of Jacksonville, Inc.
7901 Baymeadows Way, Suite #14
Jacksonville, Florida 32257
Dear Mr. Tanner:
This responds to your letter regarding labeling of glazing materials. You explained that your company restores marred bus windows and renders them in like-new condition in accordance with the ANSI Z26.1 standards. You asked if your "remanufactured" windows must indicate the materials manufacturer or whether a "generic designation which would [exclude] the origination information" would be acceptable. You also asked whether, if the windows are basically unchanged, you could keep the original labeling or must instead restate the "unaltered properties" in your own labeling.
Some background information about the agency may be useful. NHTSA has the authority under the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(a)(2)(A); Safety Act) to issue safety standards applicable to new motor vehicles and new items of motor vehicle equipment. Glazing, as an "addition to the motor vehicle," is considered to be an item of motor vehicle equipment (Section 102(4) of the Safety Act). New glazing material for use in motor vehicles is subject to the requirements of Standard No. 205, Glazing Materials (49 CFR 571.205).
Based on the information provided in your letter, your company would not be considered a "manufacturer" of new glazing material under agency regulations. You stated that your company restores or reconditions marred bus window glazing to a like-new condition. The agency has previously determined that reconditioners need not certify that reconditioned motor vehicles or motor vehicle equipment comply with the safety standards that apply only to new motor vehicles or new motor vehicle equipment. In your case, the reconditioned glazing is considered to be the same glazing as originally manufactured.
However, your company would be affected by section 108(a)(2)(A) of the Safety Act . That section prohibits any manufacturer, distributor, dealer, or motor vehicle repair business from "render[ing] inoperative" any equipment or element of design installed in compliance with a Federal safety standard. "Render inoperative" means to remove, disconnect or degrade the performance of a system or element of design installed pursuant to Federal safety standards. The "render inoperative" provision of the law means that you are not allowed to recondition or restore glazing if that restoration would cause the glazing to no longer comply with the applicable requirements of Standard No. 205. To comply with the obligations imposed by this "render inoperative" provision, you should examine the glazing you "restore" to determine whether the glazing continues to comply with Standard No. 205.
Section S6 of Standard No. 205 sets forth the certification and marking requirements for glazing materials. The standard also incorporates by reference "ANS Z26," the American National Standards Institute's Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways. As a repair business, you must ensure that the reconditioned glazing continues to be marked in accordance with ANSI Z26.1. ANS Z26.1 requires that all glazing be marked with a a DOT code mark, a unique number assigned by the agency to identify each prime glazing material manufacturer. The DOT code mark is used in defect or noncompliance recall campaigns to identify the manufacturer. In addition, ANS Z26.1 requires that all glazing have the distinctive designation or trademark of the prime glazing material manufacturer. However, NHTSA has previously concluded that the designation or trademark on the glazing need not be that of the prime glazing material manufacturer, if the glazing is marked with the prime glazing material manufacturer's DOT code mark (Letter to Terry E. Quinn, May 31, 1988). NHTSA can easily and accurately identify the prime glazing material manufacturer from the DOT code mark, regardless of the distinctive designation or trademark that appears on the glazing. Thus, if the original prime glazing material manufacturer's DOT code mark remains on the glazing material, you may either use the prime glazing material manufacturer's or your own distinctive designation or trademark. You may not, however, use a "generic designation" that does not have a distinctive designation or trademark.
Because, as stated above, reconditioned glazing is considered to be the same glazing as originally manufactured, you may keep the original ANS Z26.1 marking and need not restate the unaltered properties in your own labeling. However, if the existing DOT code mark is removed during reconditioning, you must re-mark the glazing in accordance with the original mark. The agency has previously determined that removal of a DOT identification number from a tire is considered rendering inoperative an element of design of the tire (Letter to Jeffrey Libman, January 21, 1980). Like the DOT code mark for glazing, the DOT identification number is used in defect or noncompliance recall campaigns. Thus, the agency considers the removal of a DOT code mark from a piece of glazing to be the rendering inoperative an element of design of the glazing.
I hope that this information is helpful. If you have any further questions or need additional information about this topic, please feel free to contact Mr. John Rigby of this office at the above address or by telephone at (202) 366-2992.
Sincerely,
Paul Jackson Rice Chief Counsel
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