ShipMate, Inc. — Hazardous Materials Safety Interpretation

Page 1f Transportatio S. Departme 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration MAY - 3 2006 Mr. Steven Charles Hunt 18436 Hawthorne Blvd, Suite 201 ShipMate, Inc. Ref. No. 05-0289 Torrance, CA 90504 Dear Mr. Hunt: This responds to your November 15, 2005 letter requesting clarification on §173.166 regarding air bags and seat-belt pretensioners installed in vehicle subassemblies under the whether the exception in §173.166(d)(1) for air bags and seat-belt pretensioners also Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask applies to other passenger-safety devices, such as roll-over protection systems. Roll-over protection systems contain a small amount of explosive material used to release a spring-loaded roll bar that will protect the occupants in a convertible vehicle. The explosive has previously been classed as a Division 1.4S explosive and assigned the approval number EX-1998030106. The exception in §173.166 does not apply to this type of device. You may wish to apply for a special permit from the Office of Special Permits and Approvals in accordance with procedures in § 107.105 of the HMR. I hope this answers you inquiry. Sincerely, • John A! Gale irl/ / Chief, Standards Development Office of Hazardous Materials Standards 173.166 050289#

Page 2Boothe 8113.166 ShipMatc, Inc. ShipMate® Airbags 18136 Hawthorne Blva, Suite 201 Torance, CA 90504 Phone: 310-370-3600 mange finaltong 85-0289 L-mail: shipmate@shipmalc.com Fax: 310-370-5700 Novemher 15, 2005 Chel, Standards Development Mr. John A. Gale Pipeline & Hazardous Materials Safety Administration Uffice of Hazardous Materials Standards United States I)cpartment of Transportation Washington, D.C. 20590-0001 400 Seventh Street, S. W Subi: Request for Interpretation Dear Mr. Gale: Telephone: (310) 370-3600, Fax: (310) 370-5700, respectfully request a writion interpretation regarding the The Petitioners, represented by ShipMate, Inc., 18436 Hawthorne Blvd, Suite 201, Torrance, CA 20504, belt pretensioners installed in vchicle subassemblies. Pipeline & Hazardous Materials Satety Administration (PHMSA) requirements for air hag modules and seat- Tille 49, Code of federal Regulations, $173.166(d)(1) excepts air bag modules and seat-belt pretensioners vehicle components such as steering columns, scats or door panel. From regulacion if they have been previously classilied by the Associate Administrator and are installed in safely systems, including the development of "roll-over protection systems" (ROPS") which conlain a small Since these regulations were cacted, there have been significant devolopments in automotive passenger amount of explosive material which is used to push a pin which, in tum, releases a spring-loaded roll bar that as a Class 1.45 explosive and assigned an explosives registration number KX-1928030106 (originally referred will protect the occupants in a convertible vchicle. The explosive charge itself has been previously classilied to as 'DX-9803106"): however, the manulacturer of these devices intends to install them in the roll-over protection system which is comprised of a large roll-bar assembly, filled with the small explosive charge. same excention could he applied to other passenger-sufety devices, such as roll-over protection systems, Accordingly, the Petitioners are requesting an interpretation of 49 CPR § 173.166 (d)(1) to determine if the although the assembly does not met the delimition of an air bag or seat-bolt protonsioner, is delined in 49 CFR $173.166(a). If the exception cannot be applied to such devices, would the Pipcline & Hazardous Materials Safely safety and given that the amount of explosive material in the ROPS is considerably less than that which is Adininistration grant an exemption from the Hazardous Materials Rogulations bascd on an cquivalency of found in an air bag inflator, air bag module or an scat-belt pretensioner? Maxardous Materials Training • Information Systems • Compllance Inspections & Audits & Shipping & Regulatory Software#

Page 3ShipMate Mr. John A. Gale Also, can the roquirements of 49 CFR § 173.166 he changed to reflect new technologies such as roll-over Most evily appreciated sit wilsenie it alter truene operatil, ad your prumpt reply would IfT may be of assistance in any way, please call. Thank ynu in advance for your consideration. ShipMate, Inc. Steven Hazardous Materals Training • Information Systems • Compllance Inspections & Audis • Shipping & Regulatory Software FS:60 S00Z'8I AN#