Interpretation Response #13-0215
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
October 24, 2014
Ms. Eva Glimsche
Ref. No. 13-0215
Dear Ms. Glimsche:
This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR 171-180) applicable to the U.S. Department of Transportation's (DOT) approval of foreign-manufactured Air bag inflators, Air bag modules, and Seat-belt pretensioners, under Identification Number UN3268. Specifically, you ask whether such articles manufactured in Germany that are approved as Class 9 by the Bundesanstalt fuer Materialforschung und Pruefung (BAM), also known as the German Federal Agency for Material Research and Testing can be transported without further approval.
The answer is no. Section 173.166 of the HMR was recently revised in a final rule published in the Federal Register, on July 30, 2013 [78 FR 45880 (HM-254)]. Paragraph § 173.166(b)(3) clarifies that a foreign manufacturer may submit an application, including a classification issued by the competent authority of a foreign government to the Associate Administrator, and receive written notification from the Associate Administrator that the device has been approved for transportation and assigned an EX number. Please note BAM is a recognized competent authority of a foreign government.
Paragraph § 173.166(b)(1) provides an exception from the requirements for U.S. DOT approval (i.e. EX number) for Air bag inflators, Air bag modules, and Seat-belt pretensioners, under Identification Number UN3268 that were examined and successfully tested by a person or agency who is authorized by the Associate Administrator to perform examination and testing of explosives under the requirements of § 173.56(b)(1). BAM does not meet the requirements under
§ 173.56(b)(1)(i) - (iii) as an authorized testing agency.
I trust this information is helpful. Please contact us if you require further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.166, 173.166(b)(3), 173.166(b)(1), 173.56(b)(1), 173.56(b)(1)(i) - (iii)
|§ 173.56||New explosives-definition and procedures for classification and approval|