{"operation":"document","citation":"18-0113","title":"Autoliv ASP, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-02-15","effective_on":null,"summary":"18-0113 response to Autoliv ASP, Inc. concerning 172.102, 173.166, 173.219.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0113.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0113.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0113","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70651/180113.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPlpellne and Hazardous\nMaterial• Safety\nAdmlnlttratlon\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nFEB 1 5 2019\nMr. Dave Madsen\nHazardous Materials Specialist, Logistics\nAutoliv ASP, Inc.\n3 3 5 0 Airport Road\nOgden, UT 84405\nReference No. 18-0113\nDear Mr. Madsen:\nThis is in response to your July 31, 2018, letter and August 2, 2018 email requesting clarification\nof the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to micro-gas\ngenerators designed to be installed in and activate safety devices used in vehicles, vessels and\naircraft. Specifically, you ask if these generators may be reclassified from Division 1.4S\n(explosives with no significant blast hazard) to Class 9 (miscellaneous) when they pass the\nSeries 6(c) test of Part 1 of the United Nations (UN) Manual of Tests and Criteria, as prescribed\nin Special Provision (SP) 280, Volume One, Chapter 3.3, of the UN Recommendations on the\nTransport of Dangerous Goods (UN Recommendations).\nThe answer is yes. In 2003, the HMR incorporated UN SP 280, minus the phrase \"when\ntransported as component parts,\" in§ 172.102, DOT Special Provision 160 (see Docket No.\nRSPA-2002-13658 (HM-215E; 68 FR 44992). Special Provision 160 permits component parts\nof safety devices used in vehicles, vessels, and aircraft to be reclassified as Class 9 provided they\npass the prescribed above-mentioned Series 6( c) UN test, and comply with the applicable\nregulations in§ 173.166. Special Provision 160 does not apply to life-saving appliances\ndescribed in§ 173.219 (UN2990 and UN3072). Section 173.166 defines a safety device as an\narticle that contains a pyrotechnic substance or hazardous material of another class that is used in\nvehicles, vessels or aircraft to enhance safety to persons (see § 173 .166 introductory paragraph).\nThis section also provides examples of these devices that include but are not limited to air bag\ninflators, air bag modules, seat-belt pretensioners and pyromechanical devices.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely . , .\n~\n.., . j,· ~\n14 ,,- I '\n;:1J.:t /t./ ; ,,- 14 ,,,, ,\n~l~-\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nAttached is a request for a letter of interpretation. Please let me know if you have any questions.\nThanks,\nJodi\nFrom: Dave Madsen [mailto:dave.madsen@autoliv.com]\nSent: Tuesday, July 31, 2018 4:59 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nCc: lara costha.com <lara@costha.com>\nSubject: FW: Microgasgenerators as a Safety device\nFrom: Dave Madsen\nSent: Tuesday, July 31, 2018 2:38 PM\nTo: 'standards@dot.gov' <standards@dot.gov>\nCc: 'shane.kelley@dot.gov' <shane.kelley@dot.gov>\nSubject: Microgasgenerators as a Safety device\nDave Madsen\nHazardous Materials Specialist\nLogistics\ndave.madsen@autoliv.com\nMobile: +1-435-720-1718\nDirect: +1-801-612-5665\nVisiting Address: 1000 West 3300 South\nwww.autoliv.com\nAutoliv\n***************************************************************\nConsider the environment before printing this message.\nTo read the Companies' Information and Confidentiality Notice, follow this link:\nhttps://www.autoliv.com/auloliv-enail-disclaimer\n***************************************************************\n\n<<<PAGE 3>>>\n\nAutoliv\nJuly 31 , 2018\nFY-18-110\nAssociate Administrator\nFor Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\nEast Bldg, 1200 New Jersey Ave. SE.,\nWashington, D.C. 20590-0001\nAttention: Subject: Standards and Rulemaking, PHH- I 0\n10.2.236 Micro-gas generator Classification Change\nSpecial Provision 280 states: \"This entry applies to safety devices for vehicles, vessels or aircraft, e.g. air\nbag intlators, air bag modules, seat-belt pretensioners, and pyromechanical devices, which contain\ndangerous goods of Class I or of other classes, when transported as component parts and if these articles\nas presented for transport have been tested in accordance with Test Series 6( c) of Part I of the Manual of\nTests and Criteria, with no explosion of the device, no fragmentation of device casing or pressure\nreceptacle, and no projection hazard nor thermal effect which would significantly hinder fire-fighting or\nemergency response efforts in the immediate vicinity ... \".\nIt stands to reason if the product meets the criteria of Special Provision 280 then the product should be eligible\nfor identification as a Safety device. One such product is a Micro gas-generator. A micro gas-generator fulfills\nthe same function for a seat-belt pretensioner as an inflator does for an airbag module.\nFrance and China have classified this product as a Safety device based on the wording of this Special Provision.\nThe DOT test lab report states:\n\"UN Test 6 (c): External fire (bonfire) test: The result of the bonfire test was negative. There\nwas no mass explosion. There were a few audibles to indicating a reaction of each initiator. ·\nMaximum travel was 40 feet, but the MGG case, weighing 3.3 g max, generated very little\nenergy. Most of the spent cases were found within 12 feet or in the ashes of on the burn grate.\nUN Test 6 (d): Unconfined single package tests: The results of the three repetitions were negative.\nThere was no sympathetic initiation between donor and acceptors. There was no fragment penetration on\nthe inside of the 4G package. There was no ejection of flame or smoke. Most of the donor powder was\nfound in the foam, indicating an incomplete burn. The outer packaging remained sealed posttest. Donor-\nacceptor orientation was rupture end against pins, rupture end against rupture end, and rupture end\nagainst wall of outer packaging1.\"\nAccording to the distance criteria they are allowed to travel 290 feet for a I .4S classification. The\nmaximum distance for these parts was 40 feet. You can clearly see there is no safety concern for these\nparts.\nAutoliv ASP, Inc.\n3350 Airport Road\nOgden. Ulah 84405\n\n<<<PAGE 4>>>\n\nJuly31,2018\nAutoliv is petitioning your help to talk with your Tech Division to allow these parts to be classified as;\nUN3268, Safety device, 9. This will allow us to harmonize with China and France and will allow our U.S.\nfacilities to be competitive with our France facility in shipping to their customers throughout the world.\nThank you in advance for your help and cooperation in this most impo1tant matter. please feel free to contact me at (80 I )-612-5665 or by email at: dave.madscn(w,autoliv.com.\nIf you have any questions\nSincerely Yours,\nDave Madsen\nRegulatory Compliance Specialist-Autoliv Americas\nP.S. I would welcome the opportunity to come and meet with your t\\vo offices in hopes that we can come to an\nagreement on this issue.\n1 New Mexico Tech Laboratory Repo1t dated March 31 , 20 I I, reference number D 11040.\nPage 2","truncated":false,"body_characters":6877}