Interpretation ID: nht81-3.46
DATE: 11/30/81
FROM: AUTHOR UNAVAILABLE; Frank Berndt; NHTSA
TO: Newbuilt Enterprises
TITLE: FMVSR INTERPRETATION
TEXT: This responds to your letter of May 26, 1981, regarding Safety Standard No. 205, Glazing Materials. Please accept my apologies for the lateness of our response. You request permission to install a "Ballistic Cube 2000" in 500 motor vehicles over a two-year period for experimental purposes. The "Ballistic Cube 2000" is a protective cubicle made of Lexgard that is installed inside a vehicle. Lexgard, a bullet-resistant material, does not comply with all the requirements of Standard No. 205. You urge us to grant your request on the basis that the data generated from such an experiment would be relevant to a rulemaking proceeding initiated by General Electric. (General Electric has petitioned NHTSA to amend Standard No. 205 to permit the use of protective bullet-resistant shields in vehicles. The agency granted this petition on November 28, 1980.)
Standard No. 205 is an equipment standard which applies to all glazing materials used in passenger cars, buses, trucks, and multipurpose passenger vehicles. All automotive glazing materials, including those used in the Ballistic Cube 2000, must conform to the standard's requirements. Section 108(a)(1)(A) of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) provides in part that no person shall sell or manufacture for sale any item of motor vehicle equipment that does not comply with any applicable Federal motor vehicle safety standard in effect on the date of the item's manufacture. Thus, if you were to manufacture for sale or sell a Ballistic Cube 2000 made of Lexgard or any other glazing material that does not comply with Standard No. 205, you would be in violation of section 108(a)(1)(A). (Section 108(b)(5) establishes that section 108(a)(1)(A) does not apply when the motor vehicle or item of motor vehicle equipment is intended solely for export and is so labeled.) Section 109 imposes a civil penalty up to $ 1,000 for each violation of Section 108.
We believe that installation of the Ballistic Cube 2000 in motor vehicles could possibly generate test data that could be valuable to the agency in the previously mentioned rulemaking proceeding. Unfortunately, however, NHTSA does not have the legal authority to grant you permission to make such an installation. NHTSA does not have statutory authority to exempt an equipment manufacturer from the requirements of Section 108(a)(1)(A) as it relates to motor vehicle equipment.
Section 123 of the Act authorizes the exemption of motor vehicles from the safety standards. However, it does not authorize the exemption of motor vehicle equipment from equipment standards. As noted above, Standard No. 205 is an equipment standard applicable to glazing. Consequently, no exemption can be granted under section 123 that would excuse manufacturing, offering for sale or selling noncomplying glazing as part of the vehicles you wish to modify and sell, since you would also be considered an equipment manufacturer.
While the agency cannot grant you an exemption, it is pursuing the request made by G.E. regarding Lexgard. The agency anticipates issuing a notice of proposed rulemaking before the end of this year. If a final rule permitting the use of Lexgard were issued, you could commence manufacturing and installation of the Ballistic Cubes upon the effective date of that rule.
Even if that rule is issued, there may be other standards which must be considered. As we understand your materials, the installation of the Ballistic Cube 2000 in motor vehicles may affect the compliance of those vehicles with FMVSS No. 103, Windshield Defrosting and Defogging Systems, and FMVSS No. 201, Occupant Protection in Interior Impact. If you were to install a Ballistic Cube in a new vehicle, i.e., one that had not yet been purchased for purposes other than resale, you would violate section 108(a)(1)(A) if the vehicle no longer complied with one of those standards. Of course, since Standard Nos. 103 and 201 are vehicle standards, you could apply for an exemption from those standards. Section 108(a)(2)(A) of the Act would prohibit you from installing the Ballistic Cube in a used vehicle if such installation would destroy the vehicle's compliance with Standards 103 and 201.
The agency cannot definitively state whether installation of your cube in a motor vehicle would affect the compliance of the vehicle with Standards Nos. 201 or 103. NHTSA does not offer prior approval of compliance of any vehicle or equipment design with any safety standard before the manufacturer's certification of its product. It is the manufacturer's responsibility under the Act to determine whether its vehicle or equipment complies with all applicable safety standards and regulations and to certify its vehicle or equipment in accordance with that determination. The agency is willing to offer an opinion on whether a vehicle or motor vehicle equipment complies with a particular rule. Such an opinion is not binding on the agency or on the manufacturer. However, the information you have provided in your letter does not give us a sufficient basis on which to form an opinion. It would probably be difficult for the agency to offer an opinion concerning your compliance with Standard 203 regardless of the information you supplied, since that standard involves a dynamic performance test.
Apart from the requirements imposed by section 108(a)(1)(A) regarding compliance with safety standards, manufacturers of motor vehicle equipment also have general responsibilities under the Act regarding safety defects. Under sections 151 et seq., such manufacturers must notify purchases about safety-related defects and remedy such defects free of charge. Section 109 imposes a civil penalty of up to $ 1,000 upon any person who fails to provide notification of or remedy for a defect in motor vehicle equipment.
I am sorry we are unable to accommodate you in this matter. However, since it is beyond our legal authority to do so, we have no choice but to make the decision set forth in this letter. Please contact this office if you have any questions.
SINCERELY,
NEWBUILT ENTERPRISES
May 26, 1981
Office of the Chief Counsel National Highway Traffic Safety Administration
Attention: Frank Berndt, Chief Counsel Gentlemen:
Our firm has developed a new concept in the manufacture of bullet-resistant vehicles. This concept is known as the Ballistic Cube 2000 with U. S. Patent Pending, Serial No. 253,108.
Our "cube" concept utilizes a highly bullet-resistant material manufactured by General Electric Company, called Lexgard.
We are enclosing some literature which more fully explains our application of this Lexgard material and our Ballistic Cube 2000 concept. We also have met with Carl C. Clark, PhD, Office of Vehicle Structures Research, and his committee regarding our new concept.
We presented a video film and demonstration to the committee on May 21, 1981. If you have any questions regarding the technical nature of our application, we are quite sure Dr. Clark would be more than happy to answer any questions you might have.
We hereby request your permission and an assurance of non-prosecution for any violation of the Motor Vehicle Safety Standard No. 205, for an experimental period of two years. We desire to fabricate and install our units for on-highway use to develop facts and test data to substantiate the advantages of our application.
As you are probably aware, General Electric Company has petitioned the Department for amendments in the current standards. This petition has been granted and is currently being reviewed. They have requested that the National Highway Traffic Safety Administration amend MVSS No. 205 by adapting the following new glazing category:
"Item IIX: Materials conforming to the requirements of Test Numbers 2, 16, 17, 20, 21, 24, 27, 28, 29, and 32 of ANSZ26.1 may be used as a bullet-resisting shield at levels requisite for driver visibility. The phrase "bullet-resisting shield" for the purposes of this standard means a transparent barrier mounted completely inside the vehicle, behind and separated from glazing materials that independently comply with the requirements of FMVSS No. 205. The bullet-resisting shield shall be conveniently removable for cleaning and replacement without disturbing the (exterior-glass) glazing material."
Our vehicle production during this two year experimental period is estimated as follows: Number of Units Description 100 Armored Transport Vehicles (Money Carriers) 50 Law Enforcement Transports (Buses, Vans) 150 Private Automobiles 150 Motor Coaches - Public Transportation 50 Rescue Units - Law Enforcement
The only area in which our concept does not comply with the current Standard No. 205 is that ANS Z26 does not permit the use of Lexgard BR in the windshield area. It does permit the use of bullet-resistant glass. Lexgard provides far better protection than BR glass. The windshield can also be removed quickly in case of an emergency.
Some of the advantages of our concept are as follows:
- Vehicle fuel economy is considerably improved by weight reductions in the glazing materials and in the required support and framing members. Lexgard is one-third the weight of BR glass.
- Lexgard BR qualifies as both an AS-10 and AS-11 glazing material under the requirements defined in the current standard, ANS Z26.1-1966.
- Unlike other bullet-resisting materials, Lexgard BR does not spall under impact.
- Lexgard BR provides a greater level of overall protection from ballistic impacts than other equivalently rated bullet-resisting products.
- The vehicles we are proposing to use are primarily operated by trained, skilled, professional drivers.
After reviewing the information, we respectfully request your favorable response to our request.
Should you have any further questions or require additional information, please contact us.
Rickey L. Newmayer President
Jerry A. Corbett Vice-President
Literature Omitted