{"operation":"document","citation":"16-0038","title":"Lear Corporation-Guilford Mills — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-03-08","effective_on":null,"summary":"16-0038 response to Lear Corporation-Guilford Mills concerning 173.166.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0038.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0038.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0038","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160038.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\nMAR 0 8 2016\n· Ms. Laura Jones\nManager - Customs\nLear Corporation - Guilford Mills\n21557 Telegraph Road\nSouthfield, MI 48071\nRef. No. 16-0038\nDear Ms. Jones:\nThis responds to your March 4, 2016 email concerning exceptions accorded to safety devices\nthat are installed in completed vehicle components under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Your company imports completed seat frames\nfrom Mexico with approved safety devices (i.e., air bags) attached. Upon importation, the\nseat frames are shipped to your company's plant in Arlington, Texas for assepibly into seats.·\nIn your email, you inquire whether a completed seat frame assembly containing an approved\nair bag module is excepted from the requirements of the HMR under 49 CFR 173 .166( d)(l ).\nThe answer is yes. As prescribed in 49 CFR 173 .166( d)(l ), a safety device that is classed as a\nClass 9 (UN3268) under the terms and conditions specified in 49 CFR 173. l 66(b )(1 ), and is\ninstalled in a motor vehicle, aircraft, boat or other transport conveyance or its completed\ncomponents, such as steering columns, door panels, or seat assemblies, is not subject to the\nrequirements of the HMR. Further, the conditional exception from further regulation for\ncompleted components containing approved safety devices is recognized globally.\nI hope this information is helpful. If you have any more questions, please do not hesitate to\ncontact this office.\nT. Glenn Faster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDodd, Alice (PHMSA}\nFrom: Betts, Charles (PHMSA) Jlo -()()38\nSent: Friday, March 04, 2016 12:45 PM\nTo: Dodd, Alice (PHMSA)\nCc:\nFoster, Glenn (PHMSA); Stevens, Michael (PHMSA); Nickels, Matthew (PHMSA)\nSubject:\nFW: Lear Corporation - Urgent Issue - Seat Frames with Air Bags\nAttachments:\nIMG_0170.JPG; IMG_0171.JPG; IMG_0173.JPG; IMG_0174.JPG\nImportance: High\nAlice-\nPlease log and assign this letter to Michael Stevens. Please ask Mike to expedite a response as I would like to have a\nresponse crafted by COB Monday.\nThanks,\nCharles\nFrom: Jones, Laura [mailto:Uones@lear.com]\nSent: Friday, March 04, 2016 8:33 AM\nTo: Betts, Charles (PHMSA)\nCc: Gardon, Steven\nSubject: Lear Corporation - Urgent Issue - Seat Frames with Air Bags\nImportance: High\nMr. Betts,\nThank you for taking the time to speak with me yesterday regarding the urgent issue that we have been having. Lear\nCorporation {\"Lear\") is importing automotive metal seat frames into the US from Mexico. The seat frames along with\nother components are assembled into seat assemblies that are then installed in motor vehicles at vehicle assembly\nplants. In this case, the seat frames are shipped to Lear's seat assembly plant in Arlington, TX for assembly into\nseats. The seats are then shipped to the nearby General {\"GM\") vehicle assembly plant.\nAt the time of importation, seat the frames have air bags attached. They air bags are class 9 {UN3268) air bags that Lear\npurchases from Autoliv. We have attached photos of the seat frames at issue.\nFor your information, Lear is a Tier 1 automotive supplier of seats, seat parts, electrical distribution and electronic\nparts. We participate in the US Customs C-TPAT and Importer Self Assessment programs. We are also a member of US\nCustoms Automotive and Aerospace Center of Excellence and Expertise.\nIt is our understanding that the frames are not subject to the Department of Transportation's rDOT\") hazardous\nmaterials regulations due to the exemption set out in 49 C.F.R. 173.166{d){l). This regulation exempts class 9 {UN3268)\nair bags that are in completed vehicle components from the hazardous material regulations. Lear has been shipping the\nframes as non-hazardous materials as the frames are a complete vehicle component and the air bags from Autoliv are\nclass 9 (UN 3268) air bags. As such, the frames with the air bags fall within this exception. We also spoke to Dave\nMadsen from Autoliv about this issue. Mr. Madsen also agreed that frames would be considered a complete vehicle\ncomponent and should be exempt from the hazardous materials requirements.\nLear recently had a shipment that was being imported inspected by the DOT at the Port of Laredo, TX. We were\ninformed that frames are subject to the hazardous materials regulations and must be declared as such at the time of\n1\n\n<<<PAGE 3>>>\n\nentry. As a result, we immediately began declaring the frames as hazardous materials to US Customs. For new\nshipments of hazardous materials, US Customs at the Port of Laredo imposes a mandatory 24 hour hold. The importer\nmust prefile information with Customs 24 hours prior to arrival at the Port. This has greatly constrained our supply\nchain and led to us almost shutting down the GM Arlington, TX plant. Laredo Customs is now allowing Lear to operate\nunder a 6 hour hold period (a waiver provided by the Port to approved importers). However, we continue to have a very\nrestricted supply chain to the US destination.\nWe are finding that the both the Customs and DOT personnel at the Port are unclear as to whether or not the frames are\nhazardous materials and are not aware of the exemption. A DOT inspector at the Colombia Bridge in Laredo requested a\nphysical sample to make a determination. A US Customs Supervisor at the same facility also informed us that the\nmandatory 24 hour hold would apply even if the exemption applied.\nAs this is having a large impact on our manufacturing operations, Lear is seeking to quickly obtain a definitive answer in\nwriting from the DOT as to whether or not the frames are subject to the hazardous materials regulations or whether\nthey fall under the exception in 49 C.F.R. 173.166(d)(1). We are looking for written guidance from DOT headquarters so\nwe may resolve this issue we are having at the port level. We appreciate your agreeing to try and expedite a response\nto our question on the frames. This would enable us to have certainty as to whether or not the frames fall within the\nexception or not.\nWe are aware that the normal process is to submit a Request for Interpretation and we will be happy to submit a formal\nrequest if you wish us to do so. However, it is our understanding that it may take up to 8 weeks to receive a\nresponse. What we are seeking with this request, if possible, is clarification from the DOT on the appropriate treatment\nof the shipments during this interim period, until a formal Interpretation is obtained. This would provide us with a\npredictable environment for the next 8 weeks and permit us to establish our supply chain and resolve any issue with US\nIf you have any questions or need additional information please let me know. Your assistance with this matter is greatly\nappreciated.\nLaura Jones\nManager - Customs\nLear Corporation - Guilford Mills\n248-447-5915\n**********************\n** LEGAL DISCLAIMER **\n**********************\nThis E-mail message and any attachments may contain\ninformation. If you are not the intended recipient (s),\nlegally privileged, confidential or proprietary\nor the employee or agent responsible for delivery of\nhereby notified that any dissemination, distribution\nthis message to the intended recipient (s), you are\nor copying of this E-mail message is strictly\nprohibited. If you have received this message in\ndelete this E-mail message from your computer.\nerror, please immediately notify the sender and\n2\n\n<<<PAGE 4>>>\n\n\n\n<<<PAGE 5>>>\n\n\n\n<<<PAGE 6>>>\n\n2342520;\nUU160115293S1831\n81301634\nCE AUTOLIV AIRBAG MIT..\nAIRBAG\n22936382\n\n<<<PAGE 7>>>\n\n•C€:","truncated":false,"body_characters":7675}