Interpretation ID: nht71-1.18

DATE: 09/14/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Roger Levin, Esq.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of July 23, 1971, concerning certain aspects of Motor Vehicle Safety Standard No. 205, "Glazing Materials."

You are correct in your statement that Standard No. 205, which has been in effect since January 1, 1968, and was amended on September 19, 1968 (33 F.R. 14163) and March 1, 1969 (34 F.R. 3688), applies to a manufacturer of automobile sunroofs, "either in kits for installation by others, or for direct installation by the sunroof manufacturer, in either case after the car has been completed." To comply with the standard the sunroof material must meet the requirements for either AS1, AS2, AS3, AS5, AS10, or AS11 glazing material, as specified in ANSI Standard (formerly ASA Standard) Z26.1-1966, July 15, 1966. The 1969 amendment to this standard has not, as you state, been incorporated into Standard No. 205. However, a notice of proposed rulemaking published January 9, 1971 (36 F.R. 326), proposed to include that amendment. This matter is presently under consideration.

You are also correct in stating that a sunroof is an item of motor vehicle equipment, and not a motor vehicle. Certification may be made, pursuant to section 114 of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1403), by the statement you submit, "Material Certified to Comply with U.S. Motor Vehicle Safety Standard No. 205", followed by the name of the manufacturer.

We are pleased to be of assistance.

July 23, 1971

Office of the Chief Counsel National Highway Safety Administration

Dear Sir:

This is an inquiry about certain aspects of Motor Vehicle Safety Standard No. 205. I would appreciate your advising me if your interpretation of the statute and regulation is different from mine.

In the manufacture of automobile sunroofs, either in kits for installation by others, or for direct installation by the sunroof manufacturer, in either case after the car has been completed, Standard No. 205 applies and requires the manufacturer to comply with ASA Standard Z26.1-1966, specifically with the requirements of Item 5 glazing materials. Standard No. 205, as amended in 1968 and 1969, is now in effect.

The manufacturer of the sunroof is required by sec. 114 of the National Traffic and Motor Vehicle Safety Act of 1966 to certify to its customer that the sunroof complies with Motor Vehicle Safety Standard No. 205; since the sunroof is a piece of equipment, not a motor vehicle, that certification may be made by a tag or sticker attached to the sunroof, in language equivalent to the following:

"Material Certified to Comply with U.S. Motor Vehicle Safety Standard No. 205",

followed by the name of the manufacturer.

The 1969 amendment to ASA Standard Z26.1-1966 has not yet been incorporated into Standard No. 205.

Thank you in advance for your help in this matter.

Sincerely yours,

Roger Levin