Interpretation ID: nht73-3.11

DATE: 01/15/73

FROM: AUTHOR UNAVAILABLE; Richard B. Dyson; NHTSA

TO: Eastman Chemical Products, Inc.

TITLE: FMVSS INTERPRETATION

TEXT: This is in reply to your letter of December 15, 1972, requesting an opinion as to whether certain identification marks and certification statements Eastman Chemical plans to use in marketing Uvex plastic sheet will conform to Standard No. 205, "Glazing Materials", as amended November 11, 1972 (37 F.R. 24035), and to section 114 of the National Traffic and Motor Vehicle Safety Act, which requires the certification of motor vehicles and equipment as conforming to applicable standards. You submit two sample markings: one for use by Eastman when it sells that material to further manufacturers, whom you refer to as "fabricators", and one for use by persons other than Eastman. Similarly, you submit two certification statements, one for use by Eastman, and the other for use by its customers.

Based upon our previous dealings with Eastman regarding this product, it does not seem to us that a person other than Eastman Chemical can be considered the "fabricator" of Uvex sheet. The term "fabricate", which is used along with "laminate and temper" to distinguish prime glazing material manufacturers from other manufacturers, is used in the standard in its ordinary dictionary meaning, which we consider to be "manufactures" or "creates". Accordingly, we have assumed Eastman to be the prime manufacturer of the material in answering the questions you raise.

The markings which you indicate will be used by Eastman will conform to the requirements of paragraph S6.1 of Standard No. 205 (assuming the letters and numbers conform to the size requirements of Section 6 of ANS Z26). If the material is to be used as a component of a specific motor vehicle or camper Eastman would be required, after April 1, 1973, to conform to paragraph S6.2 as well, by including in the mark Eastman's assigned DOT code number.

The label stamp you will supply to your customers will conform to the requirements of S6.4.

With respect to the statements you plan to use for certification purposes, we believe them to be unnecessarily ambiguous, and therefore to be of doubtful legal effect in meeting the certification requirement. It is the responsibility of Eastman to certify the conformity of the product to the standard. The basis for that certification is the manufacturer's entire process from design to final production. Tests which show that the material conforms are only one factor in the situation, and reference to them in the certification statement is inappropriate. We feel similarly with respect to your statement that you certify the material as meeting "high manufacturing standards". We recommend you certify with the statement, "This material conforms to all applicable Federal motor vehicle safety standards." In cases where the material will be altered by other manufacturers, they can, where possible, allow this label to remain in place, or affix a new label with the same statement.