North American Automotive Hazardous Materials Action Committee — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration AUG 1 p 2m2 I Mr. Dave! Madsen North A~erican Automotive Hazardous Materials Action Committee 3350 Airlj)ort Road I Ogden, U~ 84405 Referencd No.: 12-0107 i Dear Mr. Madsen: 1200 New Jersey Avenue SE Washmgton. DC 20590 This is in ;response to your May 22, 20 12 letter requesting clarification of the Hazardous Materials:Regulations (HMR; 49 CFR Parts 171-180) as they pertain to exceptions for air bags and seat-belt pretensioners. You ask ifthe exception provided in§ 173.166(d)(1) applies to shipments described as Class 9, UN 3268 and those described as Class 1.40 UN 0431 air bags and seat-belt pretensioners. The answ~r to your question is no. The exceptions provided in § 173 .166( d)( 1) are applicabl~ only to shipments of Class 9 UN 3268 air bag modules or seat-belt pretensioljlers. The exceptions are provided in § 173.166 which is assigned in the hazardou~ materials table (HMT) to the proper shipping names Air bag inflators or Air bag modules ~r Seat-belt pretensioners. No link to § 173.166 for air bag modules or seat-belt pretensioliers is provided in the exceptions column of the HMT for shipments described as Aricles, P:yrotechnic UN 0431. As you mentioned in your letter, proposals have been made addressing this issue in the HM-254 Notice of Proposed Rule Making. I ' I trust thi~ satisfies your inquiry. Please contact us if we can be of further assistance. I I Sin erelyj i I • ~~ Delmer Blllings Senior R~gulatory Advisor Standard~ and Rulemaking Division#

Page 21 IAJ {7 {~1 h v \ j .... l . t' i~) May 22, 2012 Mr. Charles Betts Director, Standards & Rulemaking US Department of Transportation- PHMSA 1200 New Jersey Ave. SE East Building- 211 d Floor Washington, DC 20590-0001 Re: Request for Interpretation- 173.166(d)!l) Hello, Mr. Betts. It was a pleasure talking with you during the COSTHA conference. As Julie Smith mentioned to you, the Supplier Regulatory Workgroup of NAAHAC (North American Automotive Hazmat Action Committee) has a question regarding 173.166(d)(1). Specifically, does 173.166(d)(l) currently apply to both Class 9 I UN3268 air bags I pretensioners and 1.4G Articles, pyrotechnic I UN0431 air bags I pretensioners? This section currently reads as follows: (d} Exceptions. (1) An air bag module or seat-belt pretensioner that has been approved by the Associate Administrator and is installed in a motor vehicle, aircraft, boat or other transport conveyance or its completed components, such as steering columns or door panels, is not subject to the requirements of this subchapter. Some of the group interpret that this relief is only offered for the Class 9 I UN3268 devices, but the recent publication of HM-254 and some of the language in the preamble of HM-254 have caused us to question this. The proposed language of 173.166(d)(1} in HM-254 very clearly specifies that the relief is offered to both the Class 9 and the 1.4G devices. "(d) Exceptions. (1) An air bag module or seat-belt pretensioner that is classed as a Class 9 {UN3268) and is installed in a motor vehicle, aircraft, boat or other transport conveyance or its completed components, such as steering columns or door panels, is not subject to the requirements of this subchapter. An air bag module or seat-belt pretensioner that has been classed as a Division 1.4G and approved by the Associate Administrator and is installed in a motor vehicle, aircraft, boat or other transport conveyance or its completed components, such as steering columns or door panels, is not subject to the requirements of this subchapter." 1 l l NAAHAC#

Page 3And the preamble states "In this NPRM, PHMSA proposes to clarify that a safety restraint device that is installed in a vehicle or vehicle component is not subject to the HMR. This change makes it clear that the exception will continue to apply to Class 9, UN3268 materials that are not approved by the Associate Administrator." This wording appears to indicate that the current regulation applies to both Class 9 and lAG. While we realize that the issue will be resolved with the finalization of HM-254 and its effective date, we would like to better understand the current regulation to ensure compliance between now and then. To summarize- our question is ({Does 173.166(d)(l) currently apply to both Class 9/ UN3268 air bags I pretensioners and 1.4G Articles, pyrotechnic I UN0431 air bags l pretensioners?" We thank you in advance for your assistance in this matter. If you need additional information regarding our inquiry, you can contact either me I 801-612-5665} or Julie Smith I 586-232-7744). We look forward to your response. Sincerely, I Dave Madsen Chair, Supplier Regulatory Workgroup NAAHAC 2#