Interpretation ID: 9128_freshener

Mr. Robert V. Payne
Transcents, Inc.
11516 Gardenia Dr.
Pittsburgh, PA 15235

Dear Mr. Payne:

This responds to your letter and phone conversations with National Highway Traffic Safety Administration (NHTSA) staff regarding the applicability of Federal Motor Vehicle Safety Standard (FMVSS) No. 302, Flammability of interior materials, to an air freshener system manufactured by your company. As explained below, FMVSS No. 302 does not apply to your product.

In your letter, you described your product as an air freshener system that is installed in the evaporator compartment of a buss ventilation system. You explained that the system automatically sprays a fragrance into the vehicles occupant compartment air space. In a phone conversation with Mr. Chris Calamita of my staff, you explained that your system is typically separated from a vehicles occupant compartment by a louvered vent cover. You asked whether FMVSS No. 302 would apply to your product, or to an aerosolized version of it, when installed in a vehicle.

FMVSS No. 302 applies to new motor vehicles, and specifies burn resistance requirements for particular components, listed in S4.1 of the standard, used in the vehicle occupant compartment. 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.

Air freshener systems are not listed in S4.1 of the standard. Also, it appears that your air freshener system is not incorporated into any component listed in S4.1. Thus, your product, including an aerosolized version, is not subject to the requirements of FMVSS No. 302.

Please note that there are other requirements that could affect your product. NHTSA 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 systems are installed on a new vehicle by or with the express authorization of that vehicle manufacturer.)In addition, there are other agencies in the U.S. Department of Transportation that might have requirements for your product. We suggest that you contact the Research and Special Projects Administration at (202) 366-4400 for information about pressure vessels, and the Federal Motor Carrier Safety Administration at (202) 493-0349 concerning requirements for large trucks and buses.

I hope you find this information helpful. If you have any further questions, please contact Mr. Calamita at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

ref:302
d.2/11/05