{"operation":"document","citation":"25-0159","title":"MPS Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-05-19","effective_on":null,"summary":"25-0159 response to MPS Group concerning 172.201, 172.202, 173.166.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0159.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0159.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0159","source_url":"https://www.phmsa.dot.gov/standards-rulemaking/hazmat/interpretations/25-0159","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMay 19, 2026\nCynthia M. Walczak, P.E.\nMPS Group\n38755 Hills Tech Dr.\nFarmington Hills, MI 48331\nReference No. 25-0159\nDear Ms. Walczak:\nThis is in response to your December 5, 2025 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipping paper\nrequirements for “UN3268, Safety devices, 9” when transported for recycling. Specifically, you\nask for clarification on the use of the word “Recycled” as described in § 173.166(d)(4) in\nassociation with the basic shipping description.\nWe have paraphrased and addressed your questions as follows:\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nQ1. Does the requirement in § 173.166(d)(4) to include the word “Recycled” after the basic\nshipping description apply to Class 9 (UN3268) safety devices?\nA1. Yes. While § 173.166(c) primarily addresses the requirement to include an EX number or\nproduct code for Division 1.4G safety devices (a requirement from which Class 9 devices\nare excepted), § 173.166(d)(4) provides a specific conditional exception for serviceable\nsafety devices removed from a motor vehicle. Section 173.166(d)(4) states that “…when\nthese articles are shipped to a recycling facility, the word “Recycled” must be entered on\nthe shipping paper immediately after the basic description…” This requirement applies to\nboth Division 1.4G and Class 9 (UN3268) safety devices.\nQ2. Does the requirement to use the word “Recycled” apply to Class 9 safety devices that\nhave never been installed in a motor vehicle, such as those from an automotive parts\ndistribution center?\nA2. No. The applicability of § 173.166(d)(4) is limited to safety devices “removed from a\nmotor vehicle that was manufactured as required for use in the United States.” A safety\ndevice that has never been installed in a vehicle does not meet the criteria of being\n“removed from a motor vehicle.”\n\n<<<PAGE 2>>>\n\nQ3. Is it a violation of the HMR to include the word “Recycled” after the basic description if\nit is not explicitly required by § 173.166(d)(4)?\nA3. No. While § 172.202(a) requires the basic description to be shown in a specific sequence,\n§ 172.201(a)(4) allows additional information concerning the material provided the\ninformation is not inconsistent with the required description. Unless otherwise permitted\nor required by 49 CFR Part 172 Subpart C, additional information must be placed after\nthe basic description.\nQ4. If a Class 9 safety device is removed from a vehicle at an assembly plant and sent to a\nrecycling facility, is the word “Recycled” required after the shipping description?\nA4. Yes. Because this device was installed in a vehicle and subsequently removed, it falls\nunder the requirements in § 173.166(d)(4). The correct shipping description in this\nscenario is “UN3268, Safety devices, 9, Recycled.”\nQ5. If a Class 9 safety device from a distribution center that was never installed in a vehicle\nis sent to a recycling facility, is the word “Recycled” required after the shipping\ndescription?\nA5. No. Since this device was never installed in a motor vehicle, the specific requirement in\n§ 173.166(d)(4) does not apply. The correct basic description in this scenario is\n“UN3268, Safety devices, 9.” However, as noted in A3, appending the word “Recycled”\nas additional information is not prohibited.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nAlexander Wolcott\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nPollack, A.\n25-0159\nLetter Sent via Email\nDecember 5, 2025\nU.S. Department of Transportation\nPHSMA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nRE: Request for Letter of Interpretation: Use of the word “Recycled” after the basic shipping\ndescription when shipping safety devices to a recycler under 49CFR173.166\nI am requesting that the Pipeline and Hazardous Materials Safety Administration provide clarification in\na Letter of Interpretation as to when the word “Recycled” must be used after the basic shipping\ndescription when shipping safety devices to a recycling facility. Specifically, as it concerns\n173.166(d)(4), which says in relevant part:\n…a serviceable safety device classed as either Class 9 (UN3268) or Division 1.4G removed from a\nmotor vehicle that was manufactured as required for use in the United States may be offered for\ntransportation and transported without compliance with the shipping paper requirement prescribed in\nparagraph (c) of this section. However, when these articles are shipped to a recycling facility, the word\n“Recycled” must be entered on the shipping paper immediately after the basic description prescribed in\n§ 172.202 of this subchapter.\nWould PHMSA please address these questions:\n1. The shipping paper requirement referenced in 173.166(d)(4) (paragraph c) states, in summary,\nthat the EX number or product code must be included in the shipping description, unless the\nsafety device is Class 9. Does it follow then, that safety devices that are Class 9 do not need to\ninclude the word “Recycled” after the basic shipping description when sent to a recycling\nfacility?\n2. If that is not the case, that is, if the word “Recycled” must follow the basic shipping description\nwhen a Class 9 safety device is sent to a recycling facility, then does this requirement apply to\nClass 9 safety devices that have never been installed in a motor vehicle?\n3. If a safety device being sent to a recycling facility does not need to include the word “Recycled”,\nis it a violation of the HMR or otherwise problematic if it does?\nBy way of illustration, please consider the following situations:\n38755 Hills Tech Drive  Farmington Hills, MI 48331  P: 313.841.7588  F: 248.489.0656  info@mpsgrp.com  www.mpsgrp.com  ISO 9001 & ISO 14001\n\n<<<PAGE 4>>>\n\nPHMSA -2- December 5, 2025\nOffice of Hazardous Materials Standards\n1. A vehicle assembly plant purchases only Class 9 safety devices. A safety device is removed from\na vehicle that has not yet left the assembly plant and sent to a recycling facility. Is the correct\nproper shipping name:\nUN3268, Safety Device, 9\nOr\nUN3268, Safety Device, 9, Recycled\n2. An automotive parts distribution center purchases only Class 9 safety devices. When one of these\nsafety devices, which has never been installed in a vehicle, is to be sent to a recycling facility, is\nthe correct proper shipping name:\nUN3268, Safety Devices, 9\nOr\nUN3268, Safety Devices, 9, Recycled\nIf in these examples the correct proper shipping description is “UN3268, Safety Devices, 9” is it a\nviolation of the HMR or otherwise not advisable to use “UN3268, Safety Devices, 9, Recycled”?\nThank you in advance for your assistance. Please call or email me if you have any questions or require\nadditional information. I can be reached at (313) 759-9401 or cwalczak@mpsgrp.com\nSincerely,\nCynthia M. Walczak, P.E.","truncated":false,"body_characters":7076}