Interpretation Response #25-0159
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: MPS Group
Individual Name: Cynthia M. Walczak, P.E.
Location State: MI Country: US
View the Interpretation Document
Response text:
May 19, 2026
Cynthia M. Walczak, P.E.
MPS Group
38755 Hills Tech Dr.
Farmington Hills, MI 48331
Reference No. 25-0159
Dear Ms. Walczak:
This is in response to your December 5, 2025 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipping paper requirements for “UN3268, Safety devices, 9” when transported for recycling. Specifically, you ask for clarification on the use of the word “Recycled” as described in § 173.166(d)(4) in association with the basic shipping description.
We have paraphrased and addressed your questions as follows:
Q1. Does the requirement in § 173.166(d)(4) to include the word “Recycled” after the basic shipping description apply to Class 9 (UN3268) safety devices?
A1. Yes. While § 173.166(c) primarily addresses the requirement to include an EX number or product code for Division 1.4G safety devices (a requirement from which Class 9 devices are excepted), § 173.166(d)(4) provides a specific conditional exception for serviceable safety devices removed from a motor vehicle. Section 173.166(d)(4) states that “…when these articles are shipped to a recycling facility, the word “Recycled” must be entered on the shipping paper immediately after the basic description…” This requirement applies to both Division 1.4G and Class 9 (UN3268) safety devices.
Q2. Does the requirement to use the word “Recycled” apply to Class 9 safety devices that have never been installed in a motor vehicle, such as those from an automotive parts distribution center?
A2. No. The applicability of § 173.166(d)(4) is limited to safety devices “removed from a motor vehicle that was manufactured as required for use in the United States.” A safety device that has never been installed in a vehicle does not meet the criteria of being “removed from a motor vehicle.”
Q3. Is it a violation of the HMR to include the word “Recycled” after the basic description if it is not explicitly required by § 173.166(d)(4)?
A3. No. While § 172.202(a) requires the basic description to be shown in a specific sequence, § 172.201(a)(4) allows additional information concerning the material provided the information is not inconsistent with the required description. Unless otherwise permitted or required by 49 CFR Part 172 Subpart C, additional information must be placed after the basic description.
Q4. If a Class 9 safety device is removed from a vehicle at an assembly plant and sent to a recycling facility, is the word “Recycled” required after the shipping description?
A4. Yes. Because this device was installed in a vehicle and subsequently removed, it falls under the requirements in § 173.166(d)(4). The correct shipping description in this scenario is “UN3268, Safety devices, 9, Recycled.”
Q5. If a Class 9 safety device from a distribution center that was never installed in a vehicle is sent to a recycling facility, is the word “Recycled” required after the shipping description?
A5. No. Since this device was never installed in a motor vehicle, the specific requirement in § 173.166(d)(4) does not apply. The correct basic description in this scenario is “UN3268, Safety devices, 9.” However, as noted in A3, appending the word “Recycled” as additional information is not prohibited.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Alexander Wolcott
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
172.201(a)(4) 172.202(a) 173.166(c) 173.166(d)(4)