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Interpretation Response #18-0035

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: COSTHA

Individual Name: Don Bossow

Location State: NY Country: US

View the Interpretation Document

Response text:

February 15, 2019

Don Bossow
Senior Regulatory Consultant
10 Hunter Brook Lane
Queensbury, NY  12804

Reference No. 18-0035

Dear Mr. Bossow:

This letter is in response to your March 12, 2018, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to “UN3268, Safety Devices, Class 9” and Special Provision 160, which is assigned to this entry in the Hazardous Materials Table (HMT) in § 172.101.  Special Provision (SP) 160 states, “This entry applies to safety devices for vehicles, vessels or aircraft,” and provides examples of items that are considered eligible for classification, such as air bag inflators, air bag modules, seat-belt pretensioners, and certain pyromechanical devices.  Specifically, you ask whether micro gas generators (MGGs) may be classified under “UN3268, Safety Devices, Class 9” although they are not specifically listed in SP 160.

The answer is yes provided certain conditions are met.  HM-215M, “The Harmonization With International Standards (RRR) Final Rule” (80 FR 1076; January 8, 2015) revised the HMT entry for “UN3268” and SP 160 to include additional automotive industry life-saving appliances that are actuated by the electric signal of the crash sensor safety devices other than air bag inflators/modules.  While the list of applicable devices in SP 160 is not exhaustive, the provision is limited to items that meet the definition of a safety device. Furthermore, articles classified as UN3268 are subject to the requirements in § 173.166. Therefore, provided that the MGG’s end use is to enhance safety to persons in vehicles, vessels or aircraft and that the MGG meets the conditions of SP 160 and § 173.166, it may be transported as “UN3268” once approved by the Associate Administrator in accordance with § 173.166(b)(1)(iv).

I hope this information is helpful.  Please contact us if we can be of further assistance.


Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

172.101, 173.166, 173.166(b)(1)(iv)



Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.166 Safety devices