Interpretation ID: 77-2.45

TYPE: INTERPRETATION-NHTSA

DATE: 06/03/77

FROM: AUTHOR UNAVAILABLE; J. J. Levin, Jr.; NHTSA

TO: Krystal Glass Co.

TITLE: FMVSS INTERPRETATION

TEXT: This responds to your March 11, 1977, question whether the stained glass portholes manufactured by your company for use on van vehicles have to comply with Safety Standard No. 205, Glazing Materials. You contend that since the portholes are backed by complying safety glazing the intent of Standard No. 205 is met, even though the stained glass itself is not safety glazing.

The National Highway Traffic Safety Administration (NHTSA) cannot agree with your interpretation. Standard No. 205 specifies performance requirements for glazing material for use in specified locations in motor vehicles. All parts of your stained glass porthole windows must comply with the requirements of the standard. The safety glazing that backs your portholes could be damaged during a crash and the vehicle occupants could be exposed to the noncomplying stained glass. The NHTSA, therefore, disagrees with your conclusion that the intent of Standard No. 205 is met by the Krystal Glass porthole windows.

You should be aware that paragraph S6.2 of the standard requires a prime glazing material manufacturer to certify each piece of glazing material that is designed as a component of any specific motor vehicle or camper pursuant to Section 114 of the National Traffic and Motor Vehicle Safety Act, as amended, (15 U.S.C. @ 1381, et. seq.), and by marking the glazing with the "DOT" symbol and a manufacturer's code mark. A prime glazing material manufacturer is defined as one who fabricates, laminates, or tempers the glazing material. A manufacturer's code mark is assigned by the NHTSA upon the written request of a manufacturer.

Enclosed is a copy of the ANS Z26 standard, as requested in your telephone conversation with Hugh Oates of this office.

Sincerely,

ATTACH.

MARCH 11, 1977

Frank Berndt

Subject: Stained Glass Portholes, with safty glass backing.

Dear sir,

In our research to insure that Stained Glass Portholes were a safe and legal product, we have met and discussed the product with both State and Federal officials. Our first step was directed toward approval from the California Division of Highway Patrol - Engineering Division. Stained Glass Portholes, backed with safety glazing, (AS-2) were shown to a Mr. Robert Sheppard. He held the Portholes for inspection by his department until he was assured that we had a safe product, (one that complies with the safety codes). He telephoned Krystal Glass Co. on 3, March 1977 and gave an assurance that we had a safe product and that it was ok to go ahead with manufacturing.

We proceeded to manufacture and market our windows until 8, March 1977. On this day a Federal Official, Mr. Joseph Zamaitas, contacted our company and informed us we were required to meet Federal Safety Standard #205, also that we possibly needed a manufactures code number. Therefore would you please consider our question. If we install Automotive Safety Glazing (AS-4) or Laminated Safety Glass (AS-2) on the inside portion of the unit, towards the passenger compartment, does this comply with the intent of Federal Motor Vehicle Safety Standard #205?

Besides protecting the passenger compartment with an approved Safety Glazing, we were concerned with the shattering effects of our Stained Glass Plate. After testing the evidence, it is quite clear that the shattered glass was contained within the leaded channels.

We have submitted the Stained Glass Porthole that we tested for your inspection, also included are two undamaged protholes for your inspection.

Your rapid reply to our question in regards to the Federal Motor Vehicle Safety Standard #205, would be greatly appreciated.

Thank You,

John Watson -- Krystal Glass Co.