Interpretation Response #18-0113

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

Interpretation Response Details

Response Publish Date: 02/15/2019

Company Name: Autoliv ASP, Inc.

Individual Name: Dave Madsen

Location State: UT Country: US

View the Interpretation Document

Response text:

February 15, 2019

Mr. Dave Madsen
Hazardous Materials Specialist, Logistics
Autoliv ASP, Inc.
3350 Airport Road
Ogden, UT  84405

Reference No. 18-0113

Dear Mr. Madsen:

This is in response to your July 31, 2018, letter and August 2, 2018 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to micro-gas generators designed to be installed in and activate safety devices used in vehicles, vessels and aircraft.  Specifically, you ask if these generators may be reclassified from Division 1.4S (explosives with no significant blast hazard) to Class 9 (miscellaneous) when they pass the Series 6(c) test of Part 1 of the United Nations (UN) Manual of Tests and Criteria, as prescribed in Special Provision (SP) 280, Volume One, Chapter 3.3, of the UN Recommendations on the Transport of Dangerous Goods (UN Recommendations). 

The answer is yes.  In 2003, the HMR incorporated UN SP 280, minus the phrase “when transported as component parts,” in § 172.102, DOT Special Provision 160 (see Docket No. RSPA–2002–13658 (HM–215E; 68 FR 44992).  Special Provision 160 permits component parts of safety devices used in vehicles, vessels, and aircraft to be reclassified as Class 9 provided they pass the prescribed above-mentioned Series 6(c) UN test, and comply with the applicable regulations in § 173.166.  Special Provision 160 does not apply to life-saving appliances described in § 173.219 (UN2990 and UN3072).  Section 173.166 defines a safety device as an article that contains a pyrotechnic substance or hazardous material of another class that is used in vehicles, vessels or aircraft to enhance safety to persons (see § 173.166 introductory paragraph).  This section also provides examples of these devices that include but are not limited to air bag inflators, air bag modules, seat-belt pretensioners and pyromechanical devices. 

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

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

172.102, 173.166, 173.219

Regulation Sections