D&G Consulting, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and AUG 1 8 2003 Administration Mr. Glen K. Wanczyk Hazardous Materials Consultant Ref. No. 03-0063 3708 South Monarch Drive D&G Consulting, Inc. Bountiful, Utah 84010 Dear Mr. Wanczyk: This responds to your letter regarding modifications made to an under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- air bag inflator manufactured under the terms of a DOT exemption, replace the thrust neutral shipping cap with one that is Specifically, you inquire whether your customer may appropriate for the application of the inflator and reoffer it an independent inspector. for transportation without review, testing and certification by may be made to the production safety system which would affect The answer is no. As specified in the exemption, no modification the performance of requirements of the exemption until such modifications have been the safety system or its compliance with the reviewed, tested and certified by an independent inspector. be of further assistance. I trust this satisfies your request. Please contact us if we can Sincerely, Hithe z. Michell Hattie I. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 178.65 030063#

Page 2FROM : DIANE d) MEDIA SERVICES FAX NO. : 18012948461 Mar. 03 2003 10:33AM P1 Stevens $/ 78.65 Cylinders 03-5063 Glen K. Wanczyk D&G Consulting, Inc. 3708 South Monarch Drive Bountiful, Utah 84010 801-295-3850 dandg@xmission.com Fax 801-294-0461 February 28, 2003 Fax; 202 366 3012 Attention: Director, Office of Hazardous Materials Standards Mr. Edward Mazzullo Subject: Request for U.S. Department of Transportation Interpretation I represent a company that buys air bag inflators from an established inflator contained in Title 49 §178.65 (Spec. 39), and a US DOT Exemption. The inflator, as the inflator design certification, required by the exemption, must be modified to include The inflator manufacture and their independent third party inspector have directed that configuration and a physical audit of the company's configuration and quality systems. the change in shipping cap. Additionally, they require drawings of the new shipping cap that "a person who is not a holder of this exemption, but receives a package covered by As possible justification for this request is the language in the exemption which states this exemption, may reoffer it for transportation provided no modifications or changes are made to the package," Another possible justification is "no modification may be made to the pressue vessel, pyrotechnic components or production safety system which would exemption until such modifications have been reviewed, tested and certified by an affect the performance of the safety system or its compliance with the requirments this Independent inspector."#

Page 3FROM : DIANE dj MEDIA SERVICES FAX NO. : 18012940461 Mar. 03 2003 10:34AM P2 P.2 applications, such as: automobile driver modules, passenger modules, curtain systems, side impact and seats. And in every instance the inflator is "attached" to allow gases to be no other instance in which I am aware does a manufacture or their independent third performance of the inflator to some degree from when it was built and tested; however, in I respectfully submit that once the inflator design certification has been made and if no changes are made to the pyrotechnics, gasses, or construction of the pressure vessel, that the independent third party inspector's role is fulfilled. Further, I would submit, DOT above, to become part of the manufacturing design certification process for the inflator inflator exemptions do not contain requirments for inflator applications, as described itself. There are near term customer requirments that cause this interpretation to be URGENT. Thank you in advance for your help in resolving this issue. Sincerely. Glen K. Wanczyk Hazardous Materials Consultant • ..#