Interpretation ID: 11732-1.PJA

Ms. Brigitte Neifer
Sekurit Saint-Gobain Deutschland
GmbH & Do. KG
Firmensitz
Viktoriaallee 3-5
D-52066 Aaohen GERMANY

Dear Ms. Neifer:

This responds to your letter asking whether one of your customers may use item 2 glazing (ordinary tempered glass) for motorcycle windshields. Your customer uses a kind of tempered glass not mentioned in our standard on its European model motorcycles, and is looking for a windscreen material for vehicles to be sold in the U.S. market. Although item 1 (laminated) glass is permitted in this application, your client is searching for an alternative and believes that item 2 (ordinary tempered) glazing should also be allowed on this 50 km/h maximum speed motorcycle, Ajust as it is allowed on off-highway machines.@ The short answer to your question is no, tempered glass is not one of the permitted materials in that location.

Federal motor vehicle safety standard No. 205, Glazing Materials (49 CFR '571.205) incorporates by reference ANSI Z26.1-1977 (Z26), which explains the performance requirements and application of different types of glazing materials. Z26 describes item 2 glazing as being for use Aanywhere in Motor Vehicle except windshields.@ Therefore, item 2 glazing is explicitly not allowed to be used on windshields, including motorcycle windscreens. Tempered glass does not have some of the safety attributes of laminated glass and thus is not permitted on windshields. Because motor vehicles are required to be safer than off-road vehicles, the fact that item 2 glazing may be used in off-highway vehicles (over which NHTSA has no jurisdiction) is immaterial.

As far as alternatives to item 1 glazing, item numbers 6, 7, and 10 glazing are also permitted. In certain locations, you may also use item numbers 5, 12, 13, 16A and B glazing.

Last, a note of clarification. You referred in your letter to Athe current version@ of the ANSI standard. Please be aware that it is the 1977 version of Z26 that is referenced and that any revisions of Z26 have no effect on the Federal requirements unless NHTSA adopts the revised ANSI standard in its regulations. 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 ref:205 d:5/9/96