Autoliv Ogden Technical Center — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration February 19, 2013 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. Dave Madsen Chair, Supplier Regulatory Workgroup North American Automotive Hazardous Materials Action Committee Autoliv Ogden Technical Center 3350 Airport Road Ogden, UT 84405 Reference No. 12-0133R Dear Mr. Madsen: This is in further response to your June 14, 2012letter requesting clarification of §§ 173.24a(a)(3) and 173.166(e), (e)(4), and (e)(4)(iii) ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to inner packagings of air bag inflators, air bag modules, seat-belt pretensioners, and other hazardous materials. You asked if inner packagings of these materials and other devices or dunnage are permitted to move or shift in a limited manner when placed within an outer package of a combination packaging provided no damage occurs that would reduce the overall structural integrity of the package. You state it is your understanding that§§ 173.24a(a)(3) and 173.166(e), (e)(4), and (e)( 4 )(iii) pennit inner packagings of hazardous materials and other devices or dunnage to move or shift in a limited manner within an outer package of a combination packaging provided no damage occurs that would reduce the package's overall structural integrity. Your understanding is correct. We are writing you this additional response to clarify what is meant by the wording "prevent movement of the articles and inadvertent operation" and "internal dunnage must be sufficient to prevent shifting of the devices within the container" as these phrases are used in§§ 173.166(e) and 173.166(e)(4)(iii), respectively. In our October 3, 2012 response, we stated that§ 173.166(e) requires air bag inflators, air bag modules, seat-belt pretensioners and dunnage, which can include other equipment, to be secured within the outer packaging to "prevent movement of the articles and [their] inadvertent operation" during transportation in commerce. The intent of this requirement is to place these devices in a packaging in a manner that prevents their accidental activation when they experience the dynamic lift, impact, shift, compressive and other forces normally encountered in transportation. Conversely, all hazardous materials packagings and completed packages must perform the basic containment functions prescribed in the HMR' s general packaging requirements (see§§ 171.8 ("Package" and "Packaging" definitions) and#

Page 2173.24). Thus, "internal dunnage must be sufficient to prevent shifting of the devices within the container" means a sufficient amount packaging material and/or dunnage must be used to secure one or more of the devices you described within an outer packaging to prevent the devices from shifting but not in so great an amount that it damages them. A hazardous material packaging or package that is damaged (e.g., through compression with too-tightly packed inner packaging materials, forceful contact with other inner or outer packagings, or sudden inner packaging expansion) may be sufficiently reduced in effectiveness to no longer meet the HMR's general packaging requirements and increases the probability that the package may release the hazardous material or materials it contains. I hope this further clarification is sufficient. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2#

Page 3June 14, 2012 Mr. Char!€s Betts Director, Standards & Rulemaking US DOT··" PHMSJ\ East f3uildlng- Floor l200 Ne\!v JerSE'>f Ave,$£ Washington, DC 20590 Rc: Request for lntergretation- Preyent 1 Control Shifting l Movement r~.AAHAC is an issue-clrlven, action-oriented voluntary working group wrrently comprised of particip;mts empkryed by North Arner!can Automotive companies and their key suppliers, whose purpose !s to consider ?nd respond to the vital hazardous materlals and dangerous goods issues of its membership, The Supplit::r Regulatorv 'Wor~<:group within NAAHAC consists of representatives from Auto!lv, Saf0ty Systems, Takata and TRVV - all manufacttlfers of air bag inflators, modules, seat-belt pretensioners find other safew devices. We an: seeking darifkation of the f){)T's intent regarding shifting or movement of hazan:ious materials inside packages. There are several different references to either preventing or controlling shifting or movement within the 49 CFft Tv10 of these references are listed belnw. (a) Packaging design Except as provided in §'!72.312 of this subchapter·. (3} Securing and cushioning. lnner pac:kagings uf mrnbinalion packaging£ must be so packed. secufed and cushioned to pre':-ont thei~ breakage or leRitage and to coriin:~l thei; $hli'tlng Within the ot>ler p-ackaging under r,:tmditicns normally i'ltH}ent to tn:msporta!ior~c Cushioning tnaterra! must not be capable of with the contents of !he Inner packngings or AncL (el Packegings. Rigid, outer packagings. meelh1'J the pa'*'<!ging of part 173, an1 the p:ackagin:J spec;frcaUon <Jnd pertormar.ce requirements of part of this subchar,ter at the Group Ill performance !evaf are autr;J)rized as follows. The packagings mtJst be designed antl constructed !o prewnt mov<':ment ofthe artinfes and inadvectent operatlcn 1#

Page 4The: Supplier RegJJ!atory Workgroup, t'liong with ptlckaglng engineers from each supplier, recently met to how our companies develop packagings that conform with the regulations, Because our devices are not to inadvertent operation clue to their design, our major cmisideratlcm focus iHound shipping pa.rts that are nut darnaged during transportation ana ensuring that package integrity is maintained during transportation. The group agreed that whether we use spec packaging or non-spec packaging, and whether we use sing1e or combination packagings, the goa! Is to ENSURE THAT $1i!FTiNG Of DEVICES WITHIN nn: PACKAGE DOES NOT CAUSE DAMAGE THAT COUlD REDUCE THE STRUCTURAL INT!;:GRfTY OF THE PACKA4f, We feel that phrases .such as "prevent shifting'' and "'control shifting" can lead to the Interpretation tl1at iH"')! shifting of the device{s) within a single package or devkes I dunnage within a combination package is unacceptable, when we believe the DOT;s Intent is to ensure that the shifting is controlled to the extent that there can be no damage to the package that could reduce the structural lnt'.!!grity of the package. Exarnp.le- a seat··be!t buckle pretensloner in a combination pack8ging - inner packaging, bubble wrap, outer packaging,, 4G fiberboan:L This device may be able to shift within the package such that a sound of a buckle moving or the assembly sliding slightly •.vlthin the package may be heard, but there is absolutely no posslblltty that this shifting would damage the package svch that the structuraf integrity of the package wou!d be reduced. To re-state NAAHAC's Qcsition, we believe that. ~Ire DOTJs inten~ is not to reguire nQ sfJifting, or movem.e11t. o( device_s~. but rather to ensure that the shiftinq of devices within the package does not cause damaqe that could reduce the structural integrit)! ot the packafle:, We would appreciate receiving a written response imficating either your agreement w-ith this position or an interpretation that can be used ali. VVe thank you in advance for your assistance ln this matter. If you need additional information regarding our inquiry you can contact me by phone at (801) 612-5£55 or bv e-mail at We look forward to your written response. Sincere}y, Dave Madsen NAAHAC Supplier Regulatory Workgroup 2 -------------------------------·~··~-----·-------------#

Page 5NAAHAC Member Companies American Honda Motor Co., Inc. Autoliv ASP, Inc. BMW of North America Chrysler Corp. LLC/ Mopar Delphi Automotive systems, LLC Ford Motor Company General Motors Company General Motors Parts & Service Honda of America Manufacturing Key Safety Systems Mercedes Benz USA Mobis Parts America, LLC Nissan North America, Inc. TK Holdings I Takata Toyota Motor Engineering and Manufacturing Toyota Motor Sales U.S.A., Inc. TRW Automotive, Occupant Safety Systems Volkswagen Group of America 3 -- -···---- ·------#