{"operation":"document","citation":"13-0189","title":"JBE Enterprises — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-02-05","effective_on":null,"summary":"13-0189 response to JBE Enterprises concerning 171.8, 173.166.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0189.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0189.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0189","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130189.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nFEB 0 5 2014\nMr. Frank Hannah\nJBE Enterprises\nP.O. Box 291882\nPort Orange, FL 32127\nRef. No. 13-0189\nDear Mr. Hannah:\nThis responds to your September 13, 2013 request for clarification on the shipment of air bags\nand seat-belt pretensioners under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). Specifically, you purchase recycled automobile parts, including air bags and seat-\nbelt pretensioners, and resell them to consumers.\nYour questions regarding the shipment of air bags are paraphrased and answered as follows:\nQ 1. Does the HMR permit the shipment of more than one device in a single approved\npackage, (i.e., a driver air bag, passenger air bag and seat-belt pretensioners, shipped\nin one box)?\nAI. The answer is yes, provided the devices are packaged in an authorized packaging\nspecified in § 173 .166( e).\nQ2. Ifthe devices in Ql must be packaged separately, is an overpack authorized? If\nan overpack is used, what are the labeling requirements?\nA2. While the devices in Q 1 may be contained in a single approved package, an\noverpack as defined in § 1 71.8 may also be used in order to consolidate packaged air\nbags and devices provided the requirements of § 1 73.25 are met. Each overpack must\nbe labeled for each hazardous material it contains, unless those labels are visible.\nQ3. Would a steering wheel assembly not attached to the steering column, be\nconsidered a \"completed component\" and excepted from the HMR, as provided in\n§ 173.166(d)(l)?\nA3. Yes. Provided the device is protected against damage in all orientations, it may\nbe considered a \"completed component.\"\n\n<<<PAGE 2>>>\n\nQ4. What is the definition of the term \"recycling\" as used in§ 173.166? salvaged air bags and seat-belt pretensioners shipped as individual pieces to\nconsumers be considered \"shipments for recycling\"?\nCould\nA4. The HMR does not specifically define \"recycling\" in§ 171.8. However, a\nconventional definition for \"recycling\" is a process for making ready or recovering for\nreuse. Shipments of salvaged air bags and seat-belt pretensioners shipped as\nindividual pieces to consumers would meet this definition of \"recycling\" for recycling\nand reuse. If the process for salvaging air bags or seat-belt pretensioners changes the\ndesign in any way that constitutes a different packaging as defined in § 178.601 (c)( 4)\nor is inconsistent with the EX approval issued for the air bag or seat-belt pretensioner,\nit may need to be re-approved in accordance with § 173 .166(b ).\nI hope this answers your inquiry. If you need additional assistance, please contact this office\nat 202-366-8553.\nSincerely,\nRobert Benedict\nChief, Regulations Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nFriday, September 13, 2013 4:24 PM\nDrakeford, Carolyn (PHMSA)\nFW: Shipping Used Airbags and Pretentioners to Consumers\n!\\;~ 75ag-5\nt 8-2)1 gq\nHi Carolyn,\nThis caller requested we submit this e·mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Frank Hannah [mailto:frankjbe@gmail.com]\nSent: Friday, September 13, 2013 3:23 PM\nTo: PHMSA HM InfoCenter\nCc: Brian C\nSubject: Shipping Used Airbags and Pretentioners to Consumers\nMr. Hannah would like this to be submitted for a formal interpretation\nCompleted by AE via phone on 9/13/13 at 4:06\nHello,\nWe purchase recycled automobile parts, in quantity, and resell them individually to consumers.\nAmong the parts we sell are various types of airbags, and seat belt pretensioners. When we ship them, currently\nthrough UPS, we follow DOT regulations, using the proper labeling and 4G boxes. We have some questions\nregarding these shipments.\n1) If we sell a single individual more than one device, can we package the shipment in a single approved\npackage? For example, if we sell one consumer a driver airbag, passenger airbag and set of seat belts with\npretensioners, can we put them all in one box, or do we need to put them in individual boxes?\nIf we must use a box for each item, can we put the boxes in to an overpack, and still make one shipment? If we\ndo use an overpack, what labeling requirements do we have to meet?\n2) Title 49, section 173.166, d (1) indicates airbags or pretentioners that are part of completed components, do\nnot have to meet the requirements of this subchapter. The examples of completed components given are steering\ncolumns and door panels. Would a steering wheel assembly be such a components, even if it was not attached to\nthe steering column?\n3) Title 49, section 173.166, d, (4) is tiled Shipments for Recycling. What is the definition of a shipment for\nrecycling? When we purchase salvaged airbags and pretentioners they come in bulk, but when we sell them we\nship individual pieces to consumers. Are ours \"shipments for recycling\"?\n1\n-------\n----------------\n-------\n---~-----------------------·\n\n<<<PAGE 4>>>\n\nWe have spoken to several people at the info center regarding these questions. While they have been very\nh~lpful, their answers have been a little ambiguous, so we would very much appreciate as clear and specific\nanswers as you are able to provide. We want to do things right, but, since it adds considerable expense, need to\nunderstand exactly what is required.\nThank you,\nFrank Hannah\n2","truncated":false,"body_characters":5428}