Interpretation ID: nht92-5.47

DATE: June 24, 1992

FROM: Peter E. Reinert -- Counsel - Transaction, GE Plastics

TO: Paul Jackson Rice -- General Counsel, NHTSA

COPYEE: G. Robert McAllister

TITLE: Request for Interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 205 (the "Request")

ATTACHMT: Attached to letter dated 9/4/92 from Paul Jackson Rice to Peter E. Reinert (A39; Std. 205)

TEXT:

Dorothy Nakoma from your staff recommended that we direct our Request to your attention. Ms. Nakoma told us that it was not necessary that we contact anyone at the AAMVA for an interpretation of FMVSS 205 since the interpretation from NHTSH would be controlling over AAMVA. We also understood that we could expect to receive a response to our Request within sixty days from receipt.

Statement of Facts. General Electric Company ("GE") manufactures at its Mt. Vernon, Indiana plant LEXAN polycarbonate sheet (the "Sheet") which is used in applications for motor vehicles which FMVSS No. 205, S6--Certification and Marking--applies. GE and its distributors have agreed contractually that the distributors will be responsible for marking the Sheet with GE's DOT number in accord with section 6 ANZ 26 after the distributors receive the Sheet from GE and before the distributors ship the Sheet to the customer. The distributors are responsible contractually for marking the Sheet with GE's DOT number in the same manner as the distributors, if they cut the Sheet, are required by FMVSS No. 205, S6.4 and S6.5 to mark pieces after cutting with the GE DOT number.

Question. May GE, as a prime glazing material manufacturer having its own DOT number and being required to mark and certify in accordance with FMVSS No. 205, S6.1 and S6.2 the Sheet it manufactures in Mt. Vernon, ship the Sheet unmarked to its distributors?

Provided that the above question is answered affirmatively then what is the timing required in order to implement the new procedure wherein GE will not mark the Sheet initially? For example, would GE be required to file a notice in the Federal Register? Also, if GE is to continue as a registered prime glazing material manufacturer can GE cancel its existing DOT No. 94 and replace it with another new number.

If you have any questions regarding the above, or require any additional facts please do not hesitate to contact me at (413) 448-4672. We look forward to hearing from you.

G. Robert McAllister