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Interpretation ID: 04-005893drn1

    Mr. S. Y. Hong
    Dae Kwang Special Glass Ltd.
    25-1, Palyong-Dong, Changwon-si
    Kyeong-Nam
    South Korea


    Dear Mr. Hong:

    This responds to your request for an interpretation of Federal Motor Vehicle Safety Standard (FMVSS) No. 205, Glazing Materials.You inform us that on April 13, 1998, your company was assigned DOT glazing code mark number 660. You ask three sets of questions about the assignment of the DOT code mark number.

    First Set of Questions

    As background, you state that over the past 6 years, Dae Kwang Special Glass Ltd. (Dae Kwang) has not yet used its DOT code mark number. Therefore, you ask:

    1. Does Dae Kwang need to apply to be assigned a DOT code mark number again?

    2. Is there an expiration date for the DOT code mark number?

      3. The answers are that Dae Kwang does not need to apply again for a DOT code mark number, and that there is no expiration date for the DOT code mark number.

    3. Does Dae Kwang need to provide sample tests and test results to NHTSA in order to update "DOT code 660?"

    The answer is no. Unlike the practice in many European and Asian countries, in the United States, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Instead, before selling or offering to sell motor vehicles or motor vehicle equipment to the public, manufacturers are required to self-certify that their vehicles or equipment meet applicable standards. The self-certification procedures for glazing manufacturers are specified in FMVSS No. 205 at S6, Certification and marking.

    Each of NHTSAs safety standards specifies the test conditions and procedures that NHTSA will use to evaluate the performance of the vehicle or equipment being tested for compliance with the particular safety standard. NHTSA follows these specified test procedures and conditions when conducting its compliance testing. In the case of FMVSS No. 205, NHTSA will follow specified test procedures established for AS-1 or AS-2 glazing (depending on how your company certifies the glazing) when it tests the glazing for compliance with FMVSS No. 205.

    To provide a basis for its certification of compliance, when self-certifying glazing material, a manufacturer may choose any valid means of evaluating its products to determine whether the glazing complies with FMVSS No. 205. However, NHTSA may require a manufacturer to provide its data in determining whether the glazing meets FMVSS No. 205 requirements.

    Second Set of Questions

    You state that Dae Kwang is presently manufacturing glazing materials for off-road vehicles, but in the future, would like to manufacture glazing materials for passenger cars or other motor vehicles that use highways. Therefore, you ask:

    1. When Dae Kwang was assigned DOT code mark number 660, was the assignment of the code mark number only for off-road vehicles?

      2. The answer is no. NHTSA assigned the DOT code mark number so that Dae Kwang can use this code mark number to mark glazing manufactured for "motor vehicles". "Motor vehicle" is defined in NHTSAs statute as: "a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads and highways "(Title 49 United States Code Section 30102(a)(6)).

    2. What is the procedure to be assigned a DOT code for passenger cars and other motor vehicles using the highways?

      3. The answer is that DOT code mark number 660 was assigned so that Dae Kwang could mark glazing that will be used in passenger cars or other motor vehicles using the highways.

    Third Question

    You state that Dae Kwang manufactures laminated glazing (AS-1) and tempered glazing (AS-2) for your customers. You therefore ask:

    1. Does our "DOT code 660" include both items?

      2. The answer is yes. Whenever Dae Kwang manufactures glazing for use in passenger cars or other motor vehicles using the highways, it must mark the glazing with:

      1. the glazing type (i.e. , AS-1, AS-2 or whatever the glazing type is),

      2. the symbol "DOT," and

      3. Dae Kwangs code mark, "660".

    These three marks mean that Dae Kwang is certifying that the glazing it manufactures meets NHTSAs requirements for that glazing type (at FMVSS No. 205, Glazing materials (49 CFR 571.205)).

    I hope this information is helpful. If you have any further questions, please feel free to contact Dorothy Nakama of my staff at this address. Our office fax number is:(202) 366-3820.

    Sincerely,

    Jacqueline Glassman
    Chief Counsel

    ref:205
    d.10/21/04