{"operation":"document","citation":"10-0043","title":"Gefahrgutberatung/Gefahrgutausbilding — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-05-19","effective_on":null,"summary":"10-0043 response to Gefahrgutberatung/Gefahrgutausbilding concerning 171.23.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0043.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0043.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0043","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100043.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n~~AY 19 2010\n1200 New Jersey Ave. SE\nWashington. D.C. 20590\nMr. Jens-Thomas Rueckert\nManager Training & Projects\nGefahrgutberatungiGefahrgutausbilding\nBaden Airpark\nAirport Boulevard B 210\nD-77836 Rheinmiinster Germany\nRef. No.: 10-0043\nDear Mr. Rueckert:\nThis is in response to your February 25,2010 email requesting clarification of the International\nCivil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by\nAir (ICAO TI) with regard to their use as authorized by the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification ofthe requirements\nreferenced in United States (U.S.) Variation 16 of the ICAO TI applicable to the air transport of\nair bag modules, air bag inflators, and seatbelt pretensioners.\nAccording to your letter most air bags produced in Gennany are assigned either \"UN0503, Air\nbag inflators, or Air bag modules, or Seat-belt pretensioners, lAG, PG II\" or \"UN3268, Air bag\ninflators, or Air bag modules, or Seat-belt pretensioners, 9, PG III\" depending on whether the\narticle meets the requirements oftest series 6(c) in the United Nations Manual ofTests and\nCriteria. In accordance with § 171.23 and U.S. Variation 16, air bag inflators, air bag modules,\nand seat-belt pretensioners transported to from or within the United States must be reviewed,\napproved and assigned an EX number by the competent authority ofthe United States. U.S.\nVariation 16 also requires air bag inflators, modules, and pretensioners that meet the definition\nfor a Division lAG explosive to be transported using the description \"UN043I, Articles,\npyrotechni c for technical purposes, I.4G, PG II.\"\nAs provided in § l72.102(c), Special provision 161, for transportation within the United States,\nair bag inflators, air bag modules, or seat belt pretensioners that meet the criteria for a Division\nl.4G explosive must be transported using the description, \"UN043 I , Articles, pyrotechnic for\ntechnical purposes l.4G, PG II.\" This provision applies only to domestic transport.\n\n<<<PAGE 2>>>\n\nShipments that originate outside of the United States that are offered for transportation and\ntransported in accordance with the ICAO TI are not subject to this requirement. However, you\nshould note that prior to transport in commerce, these devices must be reviewed, approved and\nassigned an EX number by the competent authority of the United States. We anticipate correcting\nthis inconsistency in U.S. Variation 16 in the near future.\nI hope this answers your inquiry. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\n4~\narIes E. Betts\nChie • Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Thursday, February 25,20108:31 AM\nTo: Drakeford, Carolyn (PHMSA)\nCc: Supko, Ben (PHMSA)\nSubject: FW: Transport of UN 0503, Airbag modules by air from Europe to US\nAjr~s\n10 - l>O'i-3\nFrom: Jens-Thomas Rueckert [mailto:T.Rueckert@logar.de]\nSent: Thursday, February 25, 2010 3:58 AM\nTo: INFOCNTR (PHMSA)\nSubject: Transport of UN 0503, Airbag modules by air from Europe to US\nDear Sirs,\nwe are seeking regulatory guidance in regard to the transport of Air bag modules, Air bag\ninflators and seat belt pretensioners from Europe - particulary Germany by air freight to the\nUS.\nLOGAR Is a Dangerous Goods training and consulting firm. The issue in question has lately arisen\nwith a customer whose product portfolio contains airbags which are to be exported to the US as\nwell.\nDOT-PHMSA has filed the following variation in the ICAO TI and the lATA DGR:\nUSG-16 Air inflators, air bag modules and seat belt pretensioners may not be transported to,\nfrom or within the United States without prior approval by the appropriate national authority of\nthe US (see USG-Ol), Attention: Office of Hazardous Materials Special Permits and Approvals (PHH30).\nSuch approval remains valid for subsequent transport provided there is no change in its\ncomposition, design or . Air bag inflators, modules and pretensioners that meet the\ncriteria for a Division 1.4G explosive must be transported using the description Articles,\npyrotechnic for technical purposes UN 0431. The dangerous goods transport document (Shipper's\nDeclaration) must contain the EX number or product code for each approved inflator, module or\npretensioner in association with the basic description required in 8.1.6.9.1. If product codes are\nused they must be traceable to the specific EX number assigned to the inflator, module or\npretensioner, as applicable, the appropriate authority of the US The EX number or product code is\nnot required to be marked on the outside package.\nI have also consulted 49 CFR (Rev.Oct.Ol, 2009) § 172.320, § 173.50 to § 173.52, § 173.56 to §\n173.62 which is consistent with the variation filed in the ICAO TI and the lATA DGR.\nSince class 1 is a restricted class, the classification of explosives is undertaken by competent\nauthorities in the countrty of manufacture. For Germany this is the BAM Bundesanstalt fuer\nMaterialforschung (Federal Institute for Materials research).\nMost Air bags which are produced in Germany are classified either as UN 0503, Air Bag Inflator or\nAir bag module or UN 3268, Air bag Inflator or Air bag modulei depending on whether or not the\narticle in question meets the requirements of test series 6(c) in the UN Manual of Test and\nCriteria in accordance with Special Provision A 115 IATA/ICAO I Special Provision 280 in the UN\nModel Regulations:\nA 115 (280) This entry applies to articles which are used as life saving vehicle air bag inflators\nor air bag modules or seat-belt , and which contain dangerous goods of Class 1 or\ndangerous goods of other classes and when transported as component parts and when these articles\nare presented for transport have been tested in accordance with Test series 6(c) of Part I of the\nUN Manual of Tests and Criteria with no explosion of the device, no fragmentation of the device\nor pressure vessel and no projection hazard nor thermal effect which would significantly\nhinder fire-fighting or other emergency response efforts in the immediate vicinity.\n1\n\n<<<PAGE 4>>>\n\nBecause classification of explosives must have competent authority approval (BAM in Germany),\nShippers are required to indicate the UN-Number and proper shipping name which has been assigned\nby that competent on the shipping papers.\nHowever, USG-16 requires that for airbags in Division 1.4G the proper shipping name \"Articles,\npyrotechnic, for technical purposes\" and the UN number 0431 are to be used.\nThis would mean factual non-compliance with European requirements where air bags are classified by\na national competent as UN 0503, since transport of explosive substances and articles\nmust be undertaken using the classification approved by competent authorities.\nThis being said we are clear about the requirement that all (with the exception of\nthose excepted under § l73.S6(h)) must have undergone testing in the US to shipping and the\nappropriate EX-Number (or a traceable stock number) be indicated on the shipping paper, as also\nstipulated in state variation USG-OS ICAO/IATA.\nHowever, the requirement to list the EX-number is an additional requirement, but classification\n(UN-Number and PSN) must be consistent with national requirements.\nFor the purpose of proper training we would very much appreciate your regulatory guidance on this\nissue.\nSincerely Yours,\nJens-Thomas Rueckert\nJens-Thomas Rueckert\nManager Training & Projects\nLOGAR GUnther Hase1 e.K.\nGefahrgutberatung/Gefahrgutausbildung\nlATA accredited Dangerous Goods School\nBaden Airpark 1 Airport Boulevard B 210\nD-77836 RheinrnUnster 1 Germany\nPhone: +49 (0) 7229/1868-163\nFax: +49 (0) 7229/1868-165\nArntsgericht Mannheim HRA 201118\n2","truncated":false,"body_characters":7916}