Interpretation ID: 5716 filters

Mr. Larry A. Gaughan &
Mr. Seongju Kim
Bldg 60-1W-17
2465 Lexington Ave S
Mendota Heights, MN 55120

Dear Messrs. Gaughan & Kim:

This is in response to your e-mail and a phone conversation between Mr. Gaughan and Mr. Chris Calamita of my staff, in which you ask if the cabin air filters manufactured by your company must meet the requirements of the Federal motor vehicle safety standard (FMVSS) No. 302, Flammability of interior materials. You supply the air filters to a vehicle manufacturer for installation in new vehicles. As explained below, the answer is no.

You described the cabin air filters as designed to clean the air entering the cabin of the motor vehicle through the heating and air-conditioning vents. You stated that the filters are located either behind or under "the dash of the vehicle or in the engine compartment of the vehicle."

FMVSS No. 302 specifies burn resistance requirements for materials used in the occupant compartment of motor vehicles. Section 4.1 of the standard lists the components in the vehicle occupant compartments that manufacturers must certify as complying with the flammability resistance requirements of S4.3. The components listed in S4.1 are:

Seat cushions, seat backs, seat belts, headlining, convertible tops, arm rests, all trim panels including door, front, rear, and side panels, compartment shelves, head restraints, floor coverings, sun visors, curtains, shades, wheel housing covers, engine compartment covers, mattress covers, and any other interior materials, including padding and crash-deployed elements, that are designed to absorb energy on contact by occupants in the event of a crash.

Cabin air filters are not listed in S4.1 of the standard. Thus, they are not subject to the requirements of FMVSS No. 302.

Please note that there are other requirements that could affect your product. The National Highway Traffic Safety Administration (NHTSA) also has jurisdiction over defects relating to motor vehicle safety. If a manufacturer or NHTSA determines that a safety-related defect exists, the manufacturer must notify purchasers of its product and remedy the problem free of charge. (Note that this responsibility is borne by the vehicle manufacturer in cases in which your filters are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.)

I hope you find this information helpful. If you have any further questions on Standard No. 302, please contact Mr. Chris Calamita of this office at (202) 366-2992.

Sincerely,
Jacqueline Glassman

Chief Counsel
ref:302
d.9/4/03