{"operation":"document","citation":"03-0063","title":"D&G Consulting, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-08-18","effective_on":null,"summary":"03-0063 response to D&G Consulting, Inc. concerning 178.65.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0063.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0063.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0063","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030063.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAUG 1 8 2003\nAdministration\nMr. Glen K. Wanczyk\nHazardous Materials Consultant\nRef. No. 03-0063\n3708 South Monarch Drive\nD&G Consulting, Inc.\nBountiful, Utah 84010\nDear Mr. Wanczyk:\nThis responds to your letter regarding modifications made to an\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\nair bag inflator manufactured under the terms of a DOT exemption,\nreplace the thrust neutral shipping cap with one that is\nSpecifically, you inquire whether your customer may\nappropriate for the application of the inflator and reoffer it\nan independent inspector.\nfor transportation without review, testing and certification by\nmay be made to the production safety system which would affect\nThe answer is no.\nAs specified in the exemption, no modification\nthe performance of\nrequirements of the exemption until such modifications have been\nthe safety system or its compliance with the\nreviewed, tested and certified by an independent inspector.\nbe of further assistance.\nI trust this satisfies your request. Please contact us if we can\nSincerely,\nHithe z. Michell\nHattie I. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous\nMaterials\nStandards\n178.65\n030063\n\n<<<PAGE 2>>>\n\nFROM : DIANE\nd) MEDIA SERVICES\nFAX NO. : 18012948461\nMar. 03 2003 10:33AM P1\nStevens\n$/ 78.65\nCylinders\n03-5063\nGlen K. Wanczyk\nD&G Consulting, Inc.\n3708 South Monarch Drive\nBountiful, Utah 84010\n801-295-3850\ndandg@xmission.com\nFax 801-294-0461\nFebruary 28, 2003\nFax;\n202 366 3012\nAttention:\nDirector, Office of Hazardous Materials Standards\nMr. Edward Mazzullo\nSubject:\nRequest for U.S. Department of Transportation Interpretation\nI represent a company that buys air bag inflators from an established inflator\ncontained in Title 49 §178.65 (Spec. 39), and a US DOT Exemption. The inflator, as\nthe inflator design certification, required by the exemption, must be modified to include\nThe inflator manufacture and their independent third party inspector have directed that\nconfiguration and a physical audit of the company's configuration and quality systems.\nthe change in shipping cap. Additionally, they require drawings of the new shipping cap\nthat \"a person who is not a holder of this exemption, but receives a package covered by\nAs possible justification for this request is the language in the exemption which states\nthis exemption, may reoffer it for transportation provided no modifications or changes are\nmade to the package,\" Another possible justification is \"no modification may be made to\nthe pressue vessel, pyrotechnic components or production safety system which would\nexemption until such modifications have been reviewed, tested and certified by an\naffect the performance of the safety system or its compliance with the requirments this\nIndependent inspector.\"\n\n<<<PAGE 3>>>\n\nFROM : DIANE\ndj MEDIA SERVICES\nFAX NO. : 18012940461\nMar. 03 2003 10:34AM P2\nP.2\napplications, such as: automobile driver modules, passenger modules, curtain systems,\nside impact and seats. And in every instance the inflator is \"attached\" to allow gases to be\nno other instance in which I am aware does a manufacture or their independent third\nperformance of the inflator to some degree from when it was built and tested; however, in\nI respectfully submit that once the inflator design certification has been made and if no\nchanges are made to the pyrotechnics, gasses, or construction of the pressure vessel, that\nthe independent third party inspector's role is fulfilled. Further, I would submit, DOT\nabove, to become part of the manufacturing design certification process for the inflator\ninflator exemptions do not contain requirments for inflator applications, as described\nitself.\nThere are near term customer requirments that cause this interpretation to be URGENT.\nThank you in advance for your help in resolving this issue.\nSincerely.\nGlen K. Wanczyk\nHazardous Materials Consultant\n• ..","truncated":false,"body_characters":4018}