{"operation":"document","citation":"12-0133R","title":"Autoliv Ogden Technical Center — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-02-19","effective_on":null,"summary":"12-0133R response to Autoliv Ogden Technical Center concerning 173.166, 173.24a.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0133r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0133r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0133r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/120133R.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nFebruary 19, 2013\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Dave Madsen\nChair, Supplier Regulatory Workgroup\nNorth American Automotive Hazardous\nMaterials Action Committee\nAutoliv Ogden Technical Center\n3350 Airport Road\nOgden, UT 84405\nReference No. 12-0133R\nDear Mr. Madsen:\nThis is in further response to your June 14, 2012letter requesting clarification of\n§§ 173.24a(a)(3) and 173.166(e), (e)(4), and (e)(4)(iii) ofthe Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to inner packagings of air bag\ninflators, air bag modules, seat-belt pretensioners, and other hazardous materials. You asked\nif inner packagings of these materials and other devices or dunnage are permitted to move or\nshift in a limited manner when placed within an outer package of a combination packaging\nprovided no damage occurs that would reduce the overall structural integrity of the package.\nYou state it is your understanding that§§ 173.24a(a)(3) and 173.166(e), (e)(4), and\n(e)( 4 )(iii) pennit inner packagings of hazardous materials and other devices or dunnage to\nmove or shift in a limited manner within an outer package of a combination packaging\nprovided no damage occurs that would reduce the package's overall structural integrity.\nYour understanding is correct. We are writing you this additional response to clarify what is\nmeant by the wording \"prevent movement of the articles and inadvertent operation\" and\n\"internal dunnage must be sufficient to prevent shifting of the devices within the container\"\nas these phrases are used in§§ 173.166(e) and 173.166(e)(4)(iii), respectively. In our\nOctober 3, 2012 response, we stated that§ 173.166(e) requires air bag inflators, air bag\nmodules, seat-belt pretensioners and dunnage, which can include other equipment, to be\nsecured within the outer packaging to \"prevent movement of the articles and [their]\ninadvertent operation\" during transportation in commerce. The intent of this requirement is\nto place these devices in a packaging in a manner that prevents their accidental activation\nwhen they experience the dynamic lift, impact, shift, compressive and other forces normally\nencountered in transportation. Conversely, all hazardous materials packagings and\ncompleted packages must perform the basic containment functions prescribed in the HMR' s\ngeneral packaging requirements (see§§ 171.8 (\"Package\" and \"Packaging\" definitions) and\n\n<<<PAGE 2>>>\n\n173.24). Thus, \"internal dunnage must be sufficient to prevent shifting of the devices within\nthe container\" means a sufficient amount packaging material and/or dunnage must be used\nto secure one or more of the devices you described within an outer packaging to prevent the\ndevices from shifting but not in so great an amount that it damages them. A hazardous\nmaterial packaging or package that is damaged (e.g., through compression with too-tightly\npacked inner packaging materials, forceful contact with other inner or outer packagings, or\nsudden inner packaging expansion) may be sufficiently reduced in effectiveness to no longer\nmeet the HMR's general packaging requirements and increases the probability that the\npackage may release the hazardous material or materials it contains.\nI hope this further clarification is sufficient.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nJune 14, 2012\nMr. Char!€s Betts\nDirector, Standards & Rulemaking\nUS DOT··\" PHMSJ\\\nEast f3uildlng- Floor\nl200 Ne\\!v JerSE'>f Ave,$£\nWashington, DC 20590\nRc: Request for lntergretation- Preyent 1 Control Shifting l Movement\nr~.AAHAC is an issue-clrlven, action-oriented voluntary working group wrrently comprised of particip;mts\nempkryed by North Arner!can Automotive companies and their key suppliers, whose purpose !s to consider ?nd\nrespond to the vital hazardous materlals and dangerous goods issues of its membership,\nThe Supplit::r Regulatorv 'Wor~<:group within NAAHAC consists of representatives from Auto!lv, Saf0ty\nSystems, Takata and TRVV - all manufacttlfers of air bag inflators, modules, seat-belt pretensioners find other\nsafew devices. We an: seeking darifkation of the f){)T's intent regarding shifting or movement of hazan:ious\nmaterials inside packages.\nThere are several different references to either preventing or controlling shifting or movement within the 49\nCFft Tv10 of these references are listed belnw.\n(a) Packaging design Except as provided in §'!72.312 of this subchapter·.\n(3} Securing and cushioning. lnner pac:kagings uf mrnbinalion packaging£ must be so packed. secufed and cushioned to\npre':-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\ntn:msporta!ior~c Cushioning tnaterra! must not be capable of with the contents of !he Inner packngings or\nAncL\n(el Packegings. Rigid, outer packagings. meelh1'J the pa'*'<!ging of part 173, an1 the p:ackagin:J\nspec;frcaUon <Jnd pertormar.ce requirements of part of this subchar,ter at the Group Ill performance !evaf are\nautr;J)rized as follows. The packagings mtJst be designed antl constructed !o prewnt mov<':ment ofthe artinfes and inadvectent\noperatlcn\n1\n\n<<<PAGE 4>>>\n\nThe: Supplier RegJJ!atory Workgroup, t'liong with ptlckaglng engineers from each supplier, recently met to\nhow our companies develop packagings that conform with the regulations, Because our devices are not\nto inadvertent operation clue to their design, our major cmisideratlcm focus iHound shipping pa.rts that are nut\ndarnaged during transportation ana ensuring that package integrity is maintained during transportation. The\ngroup agreed that whether we use spec packaging or non-spec packaging, and whether we use sing1e or\ncombination packagings, the goa! Is to ENSURE THAT $1i!FTiNG Of DEVICES WITHIN nn: PACKAGE DOES NOT\nCAUSE DAMAGE THAT COUlD REDUCE THE STRUCTURAL INT!;:GRfTY OF THE PACKA4f,\nWe feel that phrases .such as \"prevent shifting'' and \"'control shifting\" can lead to the Interpretation tl1at iH\"')!\nshifting of the device{s) within a single package or devkes I dunnage within a combination package is\nunacceptable, when we believe the DOT;s Intent is to ensure that the shifting is controlled to the extent that\nthere can be no damage to the package that could reduce the structural lnt'.!!grity of the package. Exarnp.le- a\nseat··be!t buckle pretensloner in a combination pack8ging - inner packaging, bubble wrap, outer packaging,, 4G\nfiberboan:L This device may be able to shift within the package such that a sound of a buckle moving or the\nassembly sliding slightly •.vlthin the package may be heard, but there is absolutely no posslblltty that this shifting\nwould damage the package svch that the structuraf integrity of the package wou!d be reduced.\nTo re-state NAAHAC's Qcsition, we believe that. ~Ire DOTJs inten~ is not to reguire nQ\nsfJifting, or movem.e11t. o( device_s~. but rather to ensure that the shiftinq of devices\nwithin the package does not cause damaqe that could reduce the structural integrit)!\not the packafle:, We would appreciate receiving a written response imficating either your agreement w-ith\nthis position or an interpretation that can be used ali.\nVVe thank you in advance for your assistance ln this matter. If you need additional information regarding our\ninquiry you can contact me by phone at (801) 612-5£55 or bv e-mail at We look\nforward to your written response.\nSincere}y,\nDave Madsen\nNAAHAC\nSupplier Regulatory Workgroup\n2\n-------------------------------·~··~-----·-------------\n\n<<<PAGE 5>>>\n\nNAAHAC Member Companies\nAmerican Honda Motor Co., Inc.\nAutoliv ASP, Inc.\nBMW of North America\nChrysler Corp. LLC/ Mopar\nDelphi Automotive systems, LLC\nFord Motor Company\nGeneral Motors Company\nGeneral Motors Parts & Service\nHonda of America Manufacturing\nKey Safety Systems\nMercedes Benz USA\nMobis Parts America, LLC\nNissan North America, Inc.\nTK Holdings I Takata\nToyota Motor Engineering and Manufacturing\nToyota Motor Sales U.S.A., Inc.\nTRW Automotive, Occupant Safety Systems\nVolkswagen Group of America\n3\n-- -···---- ·------","truncated":false,"body_characters":8215}