Interpretation ID: aiam0605
Product Manager - Industrial Mastics
Daubert Chemical Company
709 Enterprise Drive
Oak Brook
IL
60521;
Dear Mr. Goldberg: This is in reply to your letter of February 14, 1972, concerning th application of Motor Vehicle Safety Standard No. 302, 'Flammability of Interior Materials,' to industrial deadeners and underbody coatings that you manufacture for use in motor vehicles. You describe three uses of these products: as an undercoating, a deadener, and an adhesive, and enclose three brochures, each describing a different product.; Standard No. 302 applies to motor vehicles, and from a lega standpoint, manufacturers of component parts are not subject to its requirements. As the completed vehicle must comply with the standard, however, vehicle manufacturers, on whom the burden of compliance does rest, must ascertain that components they use in their vehicles do meet the standard's requirements.; In this context, and with reference to your products, paragraph S4.2 o the standard (copy enclosed), requires that certain portions of vehicle components, including composites consisting of both surface and underlying materials, meet the specified burn-rate requirements. (A notice of proposed rulemaking, published May 25, 1971, also enclosed, would modify to some degree this provision.) Where composites are involved, compounds used between the layers of the composite are required to meet the requirements as part of the composite. Thus, while we cannot make an exact determination from the general descriptions in your letter, it is quite possible that when your products are used as deadeners or adhesives they would appear in composites that are required to meet the standard. Whether the material actually comes into contact with passengers is not a criterion.; At the same time, under the standard only completed vehicles will b tested. We note from the brochures you have enclosed that your materials are not flammable after drying. If this is the case, you should not have a problem with conformity, as your material will be tested, where appropriate, in what we would assume would be its dry state.; Yours truly, Richard B. Dyson, Assistant Chief Counsel