Interpretation ID: nht87-2.97

TYPE: INTERPRETATION-NHTSA

DATE: 09/18/87

FROM: TERRY B. QUINN -- HEHR INTERNATIONAL, CORPORATE DIRECTOR OF QUALITY

TO: ADMINISTRATOR, NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

TITLE: NONE

ATTACHMT: ATTACHED TO LETTER DATED 05/31/88 FROM ERIKA Z JONES TO TERRY E QUINN; REDBOOK A32, STANDARD 205; LETTER DATED 10/16/86 FROM ERIKA Z JONES TO EDWARD T. FENNELL

TEXT: Dear Sir:

We are hereby requesting a letter ruling regarding the matter of proper identification of safety glazing materials to be used in over-the-road vehicles.

Hehr International Inc. is a prime glazing material manufacturer in that we temper glazing material used in vehicular windows produced by our (and other) companies.

Please reference 49 CFR 571.205 S6.1: "Each prime glazing material manufacturer ... shall mark glazing materials manufactured by him in accordance with Section 6 of ANS Z26."

Please reference American National Standard Z26.1-1983 Section 6 (Sentence 2): "They shall also be marked with the manufacturer's distinctive designation or trademark."

Our problem is this: We have a prospective customer for our tempered glass who will use it in windows which are competitive with those we build. This prospect naturally does not wish to have his competitor's name on the glazing etch of his windows. The question is: May Hehr International Inc. sell tempered glass without the distinctive designation or trademark (The Hehr Logo) and remain in compliance with the law? All other provisions as to certification and marking will continue to be complied with , of course.

Your early response to this question would be most appreciated.