{"operation":"document","citation":"PHMSA Guidance, 24-0083","title":"24-0083","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-03-03","effective_on":"2025-03-03","summary":"24-0083 Document 24-0083.pdf (291.66 KB) 24-0083 (to Anti-Counterfeiting Council) Issued Date: Monday, March 3, 2025","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-24-0083-d6ad2658.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-24-0083-d6ad2658.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-24-0083-d6ad2658","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/24-0083","body":"24-0083\n\nDocument\n\n 24-0083.pdf (291.66 KB)\n\n        24-0083 (to Anti-Counterfeiting Council)\n\n          Issued Date: Monday, March 3, 2025\n\n<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMarch 3, 2025\nRobert Stewart\nPresident\nAutomotive Anti-Counterfeiting Council, Inc.\nReference No. 24-0083\nDear Mr. Stewart:\nThis letter is in response to your September 13, 2024 email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to transportation of\nused and counterfeit airbags, airbag inflators, micro-gas generators, and other supplemental\nrestraint system (SRS) component parts.1 Specifically, you state that the Automotive Anti-\nCounterfeiting Council’s (A2C2) interest is in preventing the sale of these devices on e-\ncommerce platforms, and ask several questions regarding how the HMR’s requirements apply to\nthe same.\nWe have paraphrased and answered your questions as follows:\nQ1. Are e-commerce platforms responsible for confirming that third party sellers have\nPHMSA approval to transport explosive devices in commerce?\nA1. The answer depends on whether the e-commerce platform performs a function subject to\nthe HMR. It is the shipper’s (i.e., the offeror’s) responsibility to offer hazardous\nmaterials for transportation in compliance with the requirements of the HMR, including\nproper classification (see Section 173.22(a)(1)). If an e-commerce platform participates\nin the transport of hazardous material (i.e., acts as a carrier), tenders, or makes the\nhazardous material available to a carrier for transportation in commerce, or otherwise\nperforms or is responsible for performing any pre-transportation functions for the\nmaterial, it is responsible for performing those functions in accordance with the HMR.\nPlease be advised that shipments of hazardous materials may have more than one offeror\nresponsible for pre-transportation functions. In such cases, each offeror who performs a\npre-transportation function may rely upon information provided by another offeror,\nunless that offeror knows or, a reasonable person, acting in the circumstances and\nexercising reasonable care, would have knowledge that the information provided by the\n1200 New Jersey Avenue, SE\nWashington, DC 20590\n1 These devices, which contain pyrotechnic substances or other hazardous materials, and are used in vehicles,\nvessels, or aircraft to enhance safety to persons are typically classified as “UN3268, Safety Devices, electrically\ninitiated, 9” for transportation - see PHMSA’s Safety Device Classification Policy (87 FR 62177, 10/13/2022) for\nfurther details: https://www.federalregister.gov/documents/2022/10/13/2022-22200/hazardous-materials-safety-\ndevice-classification-policy.\n\n<<<PAGE 2>>>\n\nother offeror is incorrect. To the extent that an e-commerce platform is not performing\nany pre-transportation or transportation functions, they are not responsible for confirming\na seller’s approval to transport a hazardous material.\nPlease also note that specific safety devices—airbags, airbag inflators, and seatbelt\npretensioners—may be classified as “UN3268, Safety Devices, electrically initiated, 9”\nby a PHMSA-approved explosives testing laboratory without further approval by\nPHMSA or assignment of an EX-approval number (see Section 173.166(b)(1)).2\nQ2. Does a rebuilt safety device, such as a device created by installing a new micro-gas\ngenerator3 into a seatbelt pretensioner from another manufacturer, require a new\napproval?\nA2. A rebuilt safety device would require examination and classification by a PHMSA-\napproved explosives testing laboratory; however, as stated in answer A1, certain Class 9\nsafety devices may be classified by a PHMSA-approved explosives testing laboratory\nwithout further approval by PHMSA. To the extent that a new design type of a seatbelt\npretensioner exceeds the maximum parameters of the original design type tested by a\nPHMSA-approved explosives testing laboratory, the new design type must be examined\nand tested by a PHMSA-approved explosives testing laboratory prior to transportation.\nAlso, if a person, other than the original manufacturer, rebuilds a safety device by\ninstalling a new micro-gas generator into a seatbelt pretensioner, that person is making a\nnew explosive (see Section 173.56(a)(1)) that must be examined and tested by a PHMSA-\napproved explosives testing laboratory prior to transportation.\nYou ask the following additional questions about PHMSA’s Hazardous Materials\nProgram Procedures (see Part 107).\nQ3. To whom and by what process can A2C2 and affiliated members report suspected\ncounterfeit and non-approved parts?\nA3. A2C2 and affiliated members may submit reports of suspected violations of the\nrequirements of the HMR to HM-Enforcement@dot.gov. There is no prescribed format\nfor such reports; however, inclusion of specific details, such as the location of the\nsuspected violation, when the suspected violation occurred, and any other pertinent\ndetails, will assist PHMSA’s investigators in evaluating the report.\nQ4. Would PHMSA consider working with other governmental agencies to create a\nstandardized notification form to report suspected counterfeit and non-compliant safety\ndevices?\n2 Other types of Class 9 safety devices must be approved by PHMSA prior to transportation.\n3 Micro-gas generators transported separately from a mechanical device used in vehicles, vessels or aircraft that\nenhances safety to persons are generally not classified as UN3268 and must be approved and assigned an EX-\nnumber by PHMSA prior to transportation. 87 FR 62179.\n\n<<<PAGE 3>>>\n\nA4. We have no plans to engage with other governmental agencies to develop such a form at\nthis time, however we would welcome input from your organization and other\ngovernment agencies about the usefulness of such a form. As discussed in answer A3,\nplease note that PHMSA accepts reports of suspected violations of the HMR in any\nformat.\nQ5. Can PHMSA publish approved explosives testing laboratory certificates on its website\nfor increased transparency?\nA5. PHMSA currently publishes the contact information for all PHMSA-approved explosives\ntesting laboratories on its website here: https://www.phmsa.dot.gov/hazmat/energetic-\nmaterials-approvals/explosive-test-labs. The approvals held by each of these explosives\ntesting laboratories may be found by searching the company’s name in PHMSA’s\nHazardous Materials Approvals Search Page: https://www.phmsa.dot.gov/approvals-and-\npermits/hazmat/approvals-search.\nAs discussed in answer A1 of this response, PHMSA-approved explosives testing\nlaboratories are not required to submit the certifications for certain Class 9 safety devices\nto PHMSA for approval. Therefore, as a general practice, PHMSA does not maintain\nrecords of certifications issued by explosives testing laboratories for individual Class 9\nairbags, airbag inflators, and seatbelt pretensioners. Records of Class 9 airbag, airbag\ninflator, and seatbelt pretensioner certifications that PHMSA requests from explosives\ntesting laboratories or safety device manufacturers during investigations of suspected\nviolations of the HMR, or during routine compliance inspections, are generally not made\npublicly available and not published on the PHMSA website. Other Class 9 safety device\napprovals, as well as approvals for Division 1.4G safety devices are available on the\nPHMSA website at the approvals search page linked above.\nPHMSA shares A2C2’s concerns related to unexamined and untested safety devices in\ntransportation, particularly those devices that contain pyrotechnic material. PHMSA looks\nforward to working with you to identify these non-compliant safety devices and remove them\nfrom transportation.\nWe hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division","truncated":false,"body_characters":7956}