{"operation":"document","citation":"00-0007","title":"Shipmate, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-02-15","effective_on":null,"summary":"00-0007 response to Shipmate, Inc. concerning 173.166.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0007","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000007.pdf","body":"<<<PAGE 1>>>\n\n.\nof Transportation\nU.S. Department\nResearch and\nSpecial Programs\nFEB 15 2000\nAdministration\n•\nMr. Steven Charles Hunt\nShipmate, Inc.\n1810 Green Lane\nRedondo Beach, CA 90278\nReference Nos. 00-0006\n00-0007\nDear Mr. Hunt:\nThis is in reference to your two letters dated December 29, 1999, submitted on behalf of several\nautomobile manufacturers, requesting clarifications of the requirements applicable to the\ntransportation of a Division 2.2 air bag module, UN3353, under 49 CFR 173.166.\nYour questions are paraphrased and answered as follows:\nQ1.\nAccording to § 173.166, an air bag device should be assigned an EX number that is the\nsame as the air bag inflator contained within the device. A final rule (Docket HM-215C)\nprovides that until October 1, 2000, a Division 2.2 air bag module is allowed to be\ndescribed as \"'Compressed gas, n.o.s., 2.2, UN1956\" or \"Argon, compressed, 2.2, UN\n1006.\" The final rule amended the Hazardous Materials Table by adding a new shipping\ndescription, \"Air bag modules, compressed gas, 2.2, UN3353.\" The basic description\nshown on the Competent Authority (CA) Approval for Classification of Explosives is in\ndirect conflict with the basic description assigned to the device under the final rule.\nCould you provide for the use of the old EX number previously assigned to UN1006 or\nUN1956 with the new entry \"Air bag modules, compressed gas, UN3353\", or eliminate\nthe requirement that the EX number must be included on the shipping paper?\nAl. A holder of a CA Approval affected by the adoption of Docket HM-215C may request, in\nwriting, a revision to the approval to reflect the new shipping description. In addition, on\nSeptember 30, 1999, we published a notice of proposed rulemaking (NPRM) under\nDocket No. HM-218 that proposes to revise §§ 171.11 and 171.12 to exclude a Division\n2.2 air bag inflator, air bag module or seat-belt pretensioner that is being offered for\ninternational transportation from the requirement contained in § 173.166(c) to enter the\nEX number on the shipping paper. It was also our intent to exclude a domestic shipment\nfinal rule.\nof a Division 2.2 device from the requirement. This inconsistency will be corrected in the\nQ2.\nSection 173.166(e) (4) permits the use of a reusable high strength plastic or metal\ncontainer or dedicated handling device for the shipment of air bag inflators and seat-belt\npretensioners from a manufacturing facility to the assembly facility. Sometimes, these\ndevices must be returned to the manufacturing facility because they are scratched,\n(e) (4)?\ndamaged or otherwise unacceptable. Are return shipments permitted under paragraph\n\n<<<PAGE 2>>>\n\nNo, return shipments are not authorized. However, RSPA issued an exemption that\nprovides for return shipments under § 173.166(e)(4). Any person may submit an\napplication for exemption in accordance with the procedures contained in § 107.105.\nYour request for an amendment of § 173.166(e) (4) will be addressed in a separate letter.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n1810 Green Lane\nShipMate, Inc.\nShipMate'\nRedondo Beach, CA 90278-3618\n00-0007\nTraining & Consulting\nDangerous Goods\nPhone: 310-798-4200\nFax: 310-798-4339\nE-mail: shipmate@shipmate.com\nDecember 29, 1999\nMr. Ed Mazzullo\nChief, Standards Branch\nU.S. Department of Transportation\nResearch & Special Programs Administration\n400 Seventh Street, SW\nWashington, DC 20590-0001\nSubj:\nRequest for Interpretation: Air Bag Modules, Compressed Gas\nDear Mr. Mazzullo:\nSteven Charles Hunt of ShipMate, Inc. is submitting this letter for and on behalf of a number of\nautomobile manufacturers including Toyota Motor Sales; Volvo Cars of North America; Mazda North\nAmerican Operations; and Nissan North America.\nWe respectfully request a written interpretation regarding the assignment of EX (Explosive\nRegistration) numbers to air bag modules assigned to the identification number UN3353.\nRSPA's Final Rulemaking, HM-215C, published March 5, 1999, assigns a new description to air bag\nmodules that use a compressed gas cylinder to inflate the supplemental restraint system in a\nvehicle. These devices are now described as:\nAIR BAG MODULES, COMPRESSED GAS, 2.2, UN3353\nUse of the new description is authorized as of March 5, 1999 but not required until October 1, 2000.\nAccording to 49 CFR 173.166, these devices should be assigned an EX Number that is the same as\nthe air bag inflator contained within the device; however, these devices are currently assigned a\nmodules as, either:\nbasic description in the Competent Authority for the Classification of Explosives for the air bag\nCOMPRESSED GAS, N.O.S. (oxygen, helium), 2.2, UN1956; or\nCOMPRESSED GAS, N.O.S. (argon, oxygen), 2.2, UN1956; or\nCOMPRESSED GAS, N.O.S. (argon, helium), 2.2, UN1956; or\nARGON, COMPRESSED, 2.2, UN1006\nThis is the source of the confusion. Most common carriers require a copy of the Competent\nAutory Approval for the Classification for Explosives, because the EX Number is entered on the\nthat assigned the basic description, it is in direct conflict with the basic description assigned to these\nShipping papers in contin with the basic description. When the carrier reads the CA Approval\ndevices under HM-215C.\nHazardous Materials Training • Information Systems • Compliance Inspections & Audits • Shipping & Regulatory Software\n\n<<<PAGE 4>>>\n\nShipMate, Inc.\nShipMate®\nRedondo Beach, CA 90278-3618\n1810 Green Lane\nTraining & Consulting\nDangerous Goods\nFax: 310-798-4339\nPhone: 310-798-4200\nE-mail: shipmate@shipmate.com\nMr. Ed Mazzullo\nSubj: Request for Interpretation\nDecember 29, 1999\nPage 2 of 2\n\"old\" EX Number for AIR BAG MODULES, COMPRESSED GAS, UN3353 that were previously assigned to\nAccordingly, we respectfully request your written interpretation that either permits the use of the\ninability to maintain a cross reference between the Part Number and the EX Number; or in some\nUN1006 or UN1956; or eliminates the use of the EX Number on the shipping paper, despite the\nother way, clarifies this issue.\nhaving the \"new\" shipping descriptions to reflect the \"old\" proper shipping name and identification\nCurrently, we are having to remark all packages sent from the original equipment manufacturers\nnumber in order for the packages to be picked up by most common carriers. As you could\nimagine, it has become prohibitively expensive to do so. Therefore, your assistance would be most\nappreciated.\nIf I may be of assistance in any way, please call.\nRegards,\nShipMate, Ind\nStever\nHazardous Materials Training • Information Systems • Compliance Inspections & Audits • Shipping & Regulatory Software","truncated":false,"body_characters":6750}