Interpretation ID: nht72-3.21

DATE: 07/24/72

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Argo Plastic Company

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of June 27, 1972, requesting Federal "approval" for plastic glazing material you manufacture. You enclose copies of certificates showing approval by the State of California.

The NHTSA does not provide approvals for glazing materials subject to its requirements. Those requirements are found in Federal Motor Vehicle Safety Standard No. 205, "Glazing Materials," and apply to glazing materials for use in motor vehicles manufactured for sale to the United States. (This includes the 50 States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American (Illegible Word), and not 37 States as you mentioned.)

Under the National Traffic and Motor Vehicle Safety Act (18 U.S.C. 1381 et seq.) manufacturers must use due care to ensure that products they manufacture conform to applicable standards (15 U.S.C. 1397 (a)(2)). The manufacturer must certify conformity as specified in section 114 of the Act (15 U.S.C. 1403), and in the case of Standard No. 205, as specified in the standard. The NHTSA does not approve manufacturers' products or their certification, but monitors compliance with the standards by purchasing materials on the open market, and testing them to the requirements of the standard. The failure of materials to conform can result in the imposition of civil penalties against the manufacturer, and other sanctions (15 U.S.C. 1398, 1399).

A copy of Standard No. 205 and the National Traffic and Motor Vehicle Safety Act are enclosed for your information.

Enclosures