Interpretation ID: 86-4.33

TYPE: INTERPRETATION-NHTSA

DATE: 08/04/86

FROM: AUTHOR UNAVAILABLE; Erika Z. Jones; NHTSA

TO: Henry A. Gorry

TITLE: FMVSS INTERPRETATION

TEXT:

Mr. Henry A. Gorry Guardian Industries 43043 West Nine Mile Road Northville, Michigan 48167

Dear Mr. Gorry:

Thank you for your letter to Mr. Edward Jettner, which was referred to my office for reply. You asked a number of questions about the certification requirements of Standard No. 205, Glazing Materials. I regret the delay in answering your questions.

You are correct in your understanding that S6.2 of the standard requires a prime glazing material manufacturer to certify each piece of its glazing material which is designed as a component of a specific motor vehicle or camper by placing the marks required by S6.1 of the standard on the glazing and adding the symbol "DOT" and a manufacturer's code mark assigned by this agency. You are also correct that pursuant to S6.5, each manufacturer or distributor who cuts a section of glazing material for use in a motor vehicle or camper must place the marks required by S6.1 on the glazing and certify the material in accordance with section 114 of the National Traffic and Motor Vehicle Safety Act. Those persons do not have to add the symbol "DOT" and a manufacturer's code mark to the glazing.

You asked why the standard draws a distinction between glazing materials which are designed as a component of a specific vehicle and glazing materials which are cut from a section of another item of glazing material. As explained by the agency in an interpretation letter of June 10, 1975, to the California Highway Patrol, NHTSA's purpose in structuring the marking requirements in this way was to enable us to determine, for purposes of attributing responsibility for compliance, which glazing in a motor vehicle had been manufactured by the prime manufacturer specifically for use in that vehicle, and which glazing had been cut, shaped, or otherwise altered before installation. In an interpretation letter of July 13, 1976, to DuPont, the agency further explained that since issuance of the certification requirements in 1967, those requirements have become more widely understood and uniformly practiced throughout the glazing industry, which has aided the "traceability" of glazing materials for enforcement purposes. NHTSA also said that it would no longer prohibit the use of the "DOT" symbol and the prime glazing manufacturer's code number by the distributor or manufacturer who cuts the glazing, if the prime glazing manufacturer grants permission for such use of the code number to the distributor or manufacturer.

You asked if the term "manufacturer" used in S6.4 and S6.5 of the standard is meant to mean a "prime glazing manufacturer." Section 571.3 of our regulations provides that terms defined in section 102 of the National Traffic and Motor Vehicle Safety Act that are used in the Federal Motor Vehicle Safety Standards have the statutory definition assigned to them by the Act. Section 102(5) of the Vehicle Safety Act defines the term "manufacturer" as "any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipment for resale." Thus, the term "manufacturer" used in S6.4 and S6.5 includes both a prime glazing manufacturer and a person that assemblies or manufactures vehicles or items of motor vehicle equipment.

You also asked about the definition of the term "distributor." As discussed above, section 571.3 provides that terms defined in section 102 of the Vehicle Safety Act that are used in the Federal Motor Vehicle Safety Standards have the statutory definition assigned to them by the Act. Section 102(6) of the Vehicle Safety Act defines the term "distributor" as "any person primarily engaged in the sale and distribution of motor vehicles or motor vehicle equipment for resale." You said that you are confused about the need to distinguish between manufacturers and distributors. The purpose of the distinction was to make sure that commercial sellers who cut glazing for use in motor vehicles, but do not otherwise perform a manufacturing process on the glazing, have to comply with the marking and certification requirements. You are correct that a prime glazing manufacturer may also be a distributor; likewise there are distributors who are not prime glazing manufacturers.

You also asked why the term "camper" is distinguished from the term "motor vehicle" in S6 of Standard No. 205. As mentioned previously, Section 571.3 of our regulations provides that terms defined in the Vehicle Safety Act that are used in the Federal Motor Vehicle Safety Standards have the statutory definition assigned to them by the Vehicle Safety Act. Section 102(3) of the Vehicle Safety Act defines "motor vehicle" as, in part, "any vehicle driven or drawn by mechanical power...." As a camper has no independent mechanical power and is not drawn, it would not be covered by the definition of "motor vehicle". Thus, it has necessary to specifically define the term "camper" in S4 of Standard No. 205 to make clear that a camper, which is an item of motor vehicle equipment, is covered by Standard No. 205.

Finally, you asked why do S6.2, S6.4, and S6.5 of Standard No. 205 apply to motor vehicles and campers, while S6.3 refers only to motor vehicles and items of motor vehicle equipment. As discussed previously, a camper is considered an item of motor vehicle equipment and thus the requirements of S6.3 would also apply to glazing made by a prime glazing manufacturer for use in a camper. Since the term "item of motor vehicle equipment" is a more encompassing classification than camper, the requirements of S6.3 apply to other pieces of equipment, such as wind deflectors, made by prime glazing manufacturers.

If you have any further questions, please let me know.

Sincerely,

Erika Z. Jones Chief Counsel

March 6, 1986

National Highway Traffic Safety Administration U.S. Department of Transportation 400 Seventh Street, S. W. Washington, D.C. 20590

Attention: Mr. Edward Jettner Office of Vehicle Safety Standards

Subject: Federal Motor Vehicle Safety Standard No. 205

Reference: 'Certification and Marking'

Dear Ed:

Please forgive this imposition. Possibly, at your very own convenience, you might be so kind as to accommodate my office by directing this enquiry to the appropriate NHTSA appointment for consideration.

Herein, Guardian Industries Corp. respectfully solicits from NHTSA clarification of certain parts of the 'Certification and Marketing" requirements currently set-forth at the subject Federal Motor Vehicle Safety Standard - concerning the requirements for glazing materials used in motor vehicles and motor vehicle equipment.

From the reading of Section S6.2 of the subject safety standard, it is the understanding of my office each piece of glazing material, to which the safety standard applies, which is designed as a component of any specific motor vehicle or camper, is to be certified pursuant to the National Traffic and Motor Vehicle Safety Act of 1966 through the inclusion, in addition to other marks, of a "DOT" symbol suffixed by a manufacturer's code mark: and that a manufacturer or distributor who cuts a section of glazing material, to which the safety standard applies, for use in a motor vehicle or camper, is required to mark and certify the material in accordance with Section 6 of ANS Z26 and Section 114 of the National Traffic and Motor Vehicle Safety Act of 1966 respectively - See Section S6.4 and S6.5 of the safety standard.

My office, on behalf of Guardian Industries Corp. its affiliate and subsidiary Companies, Submits the following question for NHTSA's Consideration:

a. Whilst section S6.2 of the safety Standard obligates a prime glazing material manufacturer certify each piece of glazing material designed as a Component of a specific vehicle in the prescribed manner, sections S6.4 and S6.5 of the safety standard requires marking and certification of those parts cut from a section of glazing material pursuant to Section 6 of ANS Z26 and section 114 of the National Traffic and Motor Vehicle Safety Act of 1966. Of consequence, does this mean parts cut from a Section of glazing material, for use in a motor vehicle or camper need not be marked with a "DOT" symbol and manufacturer's code mark.

Why the distinction between glazing material parts designed as a Component of a specific vehicle from those parts cut from a section of glazing material, when it may be argued parts cut from a section are as much intended for specific motor vehicles and motor vehicle equipment as are parts designed as a Component of any specific motor vehicle or motor vehicle equipment.

Additionally, it would be most greatly appreciated if NHTSA might see fit to advise my office in respect to the following:

a. It is presumed 'Manufacturer', as employed as Section S6.4 and Section S6.5 of the safety standard, is a term used to describe one whose activities correspond with those attributed to a prime glazing material manufacturer - See S6.l of the safety standard.

b. It appears the Safety standard does not furnish a definition describing the activities of a 'Distributor'. May it be presumed a distributor is a party engaged in the Commercial disposition of glazing materials, to which the safety Standard applies, as well as being one who also cuts a section of glazing material for use in motor vehicles and Campers.

I am a trifle confused as to the need to distinguish manufacturers and distributors in the safety standard. Is not the act of cutting a glazing material an inherent part of the fabrication process - an activity attributed, at Section S6.1, of the safety standard, to the prime glazing material manufacturer.

Further, may a prime glazing material manufacturer not only fabricate, laminate, temper and cut but also distribute in commerce glazing materials for motor vehicle and Camper use.

c. Why is camper, throughout most of Section 6, singled-out from motor vehicle when the definitions of a motor vehicle and motor vehicle equipment, at Section S4 of the safety standard, include the term camper.

d. Why do Sections S6.2/S6.4/S6.5 of the safety standard apply to motor vehicles and campers whilst Section S6.3 refers to motor vehicles or items of motor vehicle equipment.

Very truly,

GUARDIAN INDUSTRIES CORP.

Henry A. Gorry Certifications & Standards Manager

HAG:jep