Interpretation ID: Costa.1

Mr. Larry J. Costa
Costa Technologies
54201 Ash Road
Osceola, IN 46561

Dear Mr. Costa:

This responds to your letters of May 6, 2003, and May 7, 2003, in which you request interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials (49 CFR 571.205). Specifically, you asked whether the weight of a conductor is included along with attached glass fragments under Test No. 7 ("fracture test") when determining compliance with the requirement that no individual glass fragment may weigh more than 4.25 g (0.15 oz.), and if so, whether attachment of such conductors would result in a violation of 49 U.S.C. 30122. In a subsequent phone conversation with Eric Stas of this office, you stated that a subsequent soldering process or application of conductive adhesive may result in changes in the structure of the glass, such that when the glass breaks, certain glass fragments (either attached to a conductor or free-standing) may exceed 4.25 g.

FMVSS No. 205 specifies performance requirements for various types of glazing (called "items"). FMVSS No. 205 incorporates by reference American National Standard Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways Standard ANSI Z26.1-1977, as supplemented by Z26.1a-1980 (hereinafter collectively referred to as "ANSI Z26-1980").

ANSI Z26.1-1980, Section 5.7, "Fracture, Test No. 7," limits the size of individual glass fragments that form as a result of impact to a glazing surface and requires that no individual fragment weigh more than 4.25 g (0.15 oz.). That test is conducted using twelve 12 x 12-inch (305 x 305 mm) flat specimens, without any attached conductors or other enhancements.

At present, FMVSS No. 205 does not specify requirements applicable to glazing to which conductors have been attached. However, as noted in our previous letter to you on this subject, NHTSA has been in the process of updating FMVSS No. 205 to incorporate a more recent version of ANSI-Z26, under which the glazing would need to be tested with conductors attached, if that condition represents the most difficult part or pattern designation within a given model number. On July 25, 2003, we published a final rule adopting the updated ANSI standard (68 FR 43964). Accordingly, this requirement will apply to all glazing certified on or after September 23, 2003, the effective date of the rule.

I hope this information is helpful. If you have any further questions, please feel free to contact Eric Stas of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

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