Interpretation ID: 11342-2PJA

Mr. Ken Towsley
President
All-Rite
1500 Shelton Drive
Hollister, CA 95023

Dear Mr. Towsley:

This responds to your letter requesting information on whether you must have a "DOT stamp" (which the agency refers to as a manufacturer's code mark) stamped on each recreational vehicle aftermarket replacement window you produce. I apologize for the delay in responding. As I understand it, you are merely cutting larger, marked, sheets of glass into smaller sheets that no longer show the code mark. The short answer to your question is that you do not have to have a code mark if you are merely cutting larger sheets of glass into smaller sheets. I will explain your marking responsibilities more fully below.

Federal motor vehicle safety standard No. 205, Glazing Materials (49 CFR '571.205, copy enclosed) has different marking requirements depending on whether a manufacturer is producing glass or cutting glass produced by someone else. First I will explain the marking responsibilities of a manufacturer that produces aftermarket replacement glass. When I say Aproducing,@ I am referring only to a Aprime glazing manufacturer,@ defined as one who "fabricates, laminates, or tempers the glazing material."

Marking requirements for prime glazing manufacturers are in S6.1 and S6.2 of Standard No. 205. S6.1 requires the manufacturer to mark the glass in accordance with the marking requirements (section 6) of American National Standard (ANS) Z26, which is incorporated by reference in Standard No. 205 (these marking requirements are described in detail later). In addition, S6.2 requires the manufacturer to affix the letters DOT, followed by a manufacturer=s code mark assigned by the National Highway Traffic Safety Administration (NHTSA). The requirement to affix a manufacturer's code mark applies only to prime glazing manufacturers.

Requirements for manufacturers cutting glass produced by someone else are in S6.4 and S6.5 of Standard No. 205. S6.4 requires the manufacturer cutting the glass to mark the glass in accordance with section 6 of ANS Z26. I have enclosed a copy of those marking requirements, but basically the following information is required: (1) the words "American National Standard" or the characters "AS" [we note that the sample label you enclosed does not comply with this requirement],(2) a number identifying the item of glazing, (3) a model number assigned by the [prime glazing] manufacturer that identifies the type of construction of the glazing material, and (4) the [prime glazing] manufacturer's distinctive designation or trademark. In addition, S6.5 requires each manufacturer or distributor that cuts a section of glazing material to certify the glazing as meeting the performance requirements of the standard. However, the certification of equipment such as glazing may be shown by a label or tag on the equipment or on the outside of the container in which the equipment is delivered--it need not be printed on each piece of equipment. In conclusion, you have to transfer all of the information, except for the prime glazing manufacturer=s DOT certification and code mark, to the window sections that you cut.

I hope this information is helpful. If you have any further questions, please feel free to contact Paul Atelsek of my staff at this address or by telephone at (202) 366-2992.

Sincerely,

Samuel J. Dubbin Chief Counsel

Enclosures ANS Z26 49 CFR 205

ref:205 d:4/23/96