{"operation":"document","citation":"12-0107","title":"North American Automotive Hazardous Materials Action Committee — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-08-31","effective_on":null,"summary":"12-0107 response to North American Automotive Hazardous Materials Action Committee concerning 173.166.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0107.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0107.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0107","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120107.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAUG 1 p 2m2\nI\nMr. Dave! Madsen\nNorth A~erican Automotive Hazardous Materials Action Committee\n3350 Airlj)ort Road\nI\nOgden, U~ 84405\nReferencd No.: 12-0107\ni\nDear Mr. Madsen:\n1200 New Jersey Avenue SE\nWashmgton. DC 20590\nThis is in ;response to your May 22, 20 12 letter requesting clarification of the Hazardous\nMaterials:Regulations (HMR; 49 CFR Parts 171-180) as they pertain to exceptions for air\nbags and seat-belt pretensioners. You ask ifthe exception provided in§ 173.166(d)(1)\napplies to shipments described as Class 9, UN 3268 and those described as Class 1.40\nUN 0431 air bags and seat-belt pretensioners.\nThe answ~r to your question is no. The exceptions provided in § 173 .166( d)( 1) are\napplicabl~ only to shipments of Class 9 UN 3268 air bag modules or seat-belt\npretensioljlers. The exceptions are provided in § 173.166 which is assigned in the\nhazardou~ materials table (HMT) to the proper shipping names Air bag inflators or Air bag\nmodules ~r Seat-belt pretensioners. No link to § 173.166 for air bag modules or seat-belt\npretensioliers is provided in the exceptions column of the HMT for shipments described as\nAricles, P:yrotechnic UN 0431. As you mentioned in your letter, proposals have been\nmade addressing this issue in the HM-254 Notice of Proposed Rule Making.\nI\n'\nI trust thi~ satisfies your inquiry. Please contact us if we can be of further assistance.\nI\nI\nSin erelyj\ni\nI •\n~~\nDelmer Blllings\nSenior R~gulatory Advisor\nStandard~ and Rulemaking Division\n\n<<<PAGE 2>>>\n\n1\nIAJ\n{7\n{~1 h\nv \\ j ....\nl\n. t' i~)\nMay 22, 2012\nMr. Charles Betts\nDirector, Standards & Rulemaking\nUS Department of Transportation- PHMSA\n1200 New Jersey Ave. SE\nEast Building- 211\nd Floor\nWashington, DC 20590-0001\nRe: Request for Interpretation- 173.166(d)!l)\nHello, Mr. Betts.\nIt was a pleasure talking with you during the COSTHA conference. As Julie Smith mentioned to you,\nthe Supplier Regulatory Workgroup of NAAHAC (North American Automotive Hazmat Action\nCommittee) has a question regarding 173.166(d)(1). Specifically, does 173.166(d)(l) currently apply\nto both Class 9 I UN3268 air bags I pretensioners and 1.4G Articles, pyrotechnic I UN0431 air bags I\npretensioners?\nThis section currently reads as follows:\n(d} Exceptions. (1) An air bag module or seat-belt pretensioner that has been approved by the\nAssociate Administrator and is installed in a motor vehicle, aircraft, boat or other transport\nconveyance or its completed components, such as steering columns or door panels, is not subject to\nthe requirements of this subchapter.\nSome of the group interpret that this relief is only offered for the Class 9 I UN3268 devices, but the\nrecent publication of HM-254 and some of the language in the preamble of HM-254 have caused us to\nquestion this. The proposed language of 173.166(d)(1} in HM-254 very clearly specifies that the relief\nis offered to both the Class 9 and the 1.4G devices. \"(d) Exceptions. (1) An air bag module or seat-belt\npretensioner that is classed as a Class 9 {UN3268) and is installed in a motor vehicle, aircraft, boat or\nother transport conveyance or its completed components, such as steering columns or door panels, is\nnot subject to the requirements of this subchapter. An air bag module or seat-belt pretensioner that\nhas been classed as a Division 1.4G and approved by the Associate Administrator and is installed in a\nmotor vehicle, aircraft, boat or other transport conveyance or its completed components, such as\nsteering columns or door panels, is not subject to the requirements of this subchapter.\"\n1\nl\nl\nNAAHAC\n\n<<<PAGE 3>>>\n\nAnd the preamble states \"In this NPRM, PHMSA proposes to clarify that a safety restraint device that is\ninstalled in a vehicle or vehicle component is not subject to the HMR. This change makes it clear that\nthe exception will continue to apply to Class 9, UN3268 materials that are not approved by the\nAssociate Administrator.\" This wording appears to indicate that the current regulation applies to both\nClass 9 and lAG. While we realize that the issue will be resolved with the finalization of HM-254 and\nits effective date, we would like to better understand the current regulation to ensure compliance\nbetween now and then.\nTo summarize- our question is ({Does 173.166(d)(l) currently apply to both Class 9/ UN3268 air bags\nI pretensioners and 1.4G Articles, pyrotechnic I UN0431 air bags l pretensioners?\"\nWe thank you in advance for your assistance in this matter. If you need additional information\nregarding our inquiry, you can contact either me I 801-612-5665} or\nJulie Smith I 586-232-7744). We look forward to your response.\nSincerely,\nI\nDave Madsen\nChair, Supplier Regulatory Workgroup\nNAAHAC\n2","truncated":false,"body_characters":4786}