Interpretation ID: nht71-5.4

DATE: 11/19/71

FROM: AUTHOR UNAVAILABLE; Lawrence R. Schneider; NHTSA

TO: Eastman Chemical Products, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of November 1, 1971, concerning the status of your petition to amend Motor Vehicle Safety Standard No. 205, "Glazing Materials", to allow the use of Uvex plastic sheet in motor vehicles. You request our comments regarding three matters which you list, and which are incorporated into our responses below.

You ask us to "explain that Uvex Sheet Plastic is and has been under active consideration for vehicle glazing approval for some time and that an early decision is anticipated." A notice of proposed rulemaking to amend Standard No. 205 (Docket No. 71-1) was published January 9, 1971 (36 F.R. 326). This notice would allow the use in motor vehicles of plastic materials, not presently allowed, that meet certain specified requirements. This notice is based in part upon a petition submitted by Enstran Chemical. The requirements do not refer to Uvex or any other material by name. The Administration takes no position on whether Uvex material would meet the proposal requirements. A final decision based on this notice is anticipated in the near future.

The notice of proposed rulemaking of January 9, 1971, does, as you indicate, propose other amendments to Standard No. 205. Some of these proposals have engendered substantial interest from industry and have consequently affected the amount of Agency work involved in the rulemaking action.

Finally, you ask if State highway standards preventing the use of Uvex will continue to be effective if Uvex is allowed to be used under the Federal standards. Under section 103(d) of the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1392(d)), a State motor vehicle safety standard applicable to a particular aspect of motor vehicle or motor vehicle equipment performance must be identical to a Federal motor vehicle safety standard applicable to that same aspect of performance. Consequently, a State vehicle standard prohibiting all use of Uvex would be pre-empted to the extent that amendment of Standard No. 205 permits its use.

I hope this clarifies the situation for you.