17394 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Proposed Rules 

and final SNURs are not expected to 

have a significant economic impact on 

a substantial number of small entities, 

which was provided to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

D. Unfunded Mandates 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reason to 

believe that any State, local, or Tribal 

government would be impacted by this 

proposed rule. As such, EPA has 

determined that this regulatory action 

would not impose any enforceable duty, 

contain any unfunded mandate, or 

otherwise have any effect on small 

governments subject to the requirements 

of sections 202, 203, 204, or 205 of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1531–1538). 

E. Federalism 

This action would not have 

federalism implications because it is not 

expected to have a substantial direct 

effect on States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999). 

F. Indian Tribal Governments 

This action would not have tribal 

implications as specified in Executive 

Order 13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000). This action is not expected to 

have substantial direct effects on Indian 

Tribes, would not significantly or 

uniquely affect the communities of 

Indian Tribal governments, and would 

not involve or impose any requirements 

that affect Indian Tribes. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Protection of Children 

This action is not subject to Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Effect on Energy Supply, Distribution, 

or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211, entitled ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because this action is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

I. Technical Standards 

Because this action would not involve 

any technical standards, section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (NTTAA) (15 

U.S.C. 272 note), does not apply to this 

action. 

J. Environmental Justice 

This action would not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: March 20, 2012. 

Wendy C. Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

Therefore, it is proposed that 40 CFR 

part 721 be amended as follows: 

PART 721—[AMENDED] 

1. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

2. Add § 721.10281 to subpart E to 

read as follows: 

§ 721.10281 Hexabromocyclododecane 

and 1,2,5,6,9,10-hexabromocyclododecane. 

(a) Chemical substances and 

significant new uses subject to reporting. 

(1) The chemical substances identified 

as hexabromocyclododecane (CASRN 

25637–99–4) and 1,2,5,6,9,10- 

hexabromocyclododecane (CASRN 

3194–55–6) are subject to reporting 

under this section for the significant 

new use described in paragraph (a)(2) of 

this section. 

(2) The significant new use is use in 

consumer textiles, other than for use in 

motor vehicles. 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Definitions. The definitions in 

§ 721.3 apply to this section. In 

addition, the following definitions 

apply: 

Consumer textile means any cloth, 

fabric, or other item produced during 

the milling process (including spinning, 

weaving, knitting, felting, or finishing), 

consisting in whole or in part as a 

product that is sold to or made available 

to a private individual who uses the 

product in or around a permanent or 

temporary household or residence, 

during recreation, or for any personal 

use or enjoyment. Consumer textiles 

include, but are not limited to, 

upholstered household furniture, 

mattresses, and draperies. 

Motor vehicle has the meaning found 

at 40 CFR 85.1703. 

(2) Revocation of article exemption. 

The provisions of § 721.45(f) do not 

apply to this section. A person who 

imports or processes the chemical 

substances identified in paragraph (a)(1) 

of this section as part of an article for 

the significant new use described in 

paragraph (a)(2) of this section must 

submit a significant new use notice 

(SNUN). 

[FR Doc. 2012–7207 Filed 3–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 173 

[Docket No. PHMSA–2010–0201 (HM–254)] 

RIN 2137–AE62 

Hazardous Materials: Approval and 

Communication Requirements for the 

Safe Transportation of Air Bag 

Inflators, Air Bag Modules, and SeatBelt Pretensioners 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: In this NPRM, PHMSA is 

proposing to revise the Hazardous 

Materials Regulations applicable to air 

bag inflators, air bag modules, and seatbelt pretensioners. The proposed 

changes would incorporate the 

provisions of two special permits into 

the regulations. In addition, PHMSA 

proposes to revise the current approval 

and documentation requirements for a 

material appropriately classified as a 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Proposed Rules 17395 

UN3268 air bag inflator, air bag module, 

or seat-belt pretensioner. The proposed 

changes will, if adopted, reduce the 

regulatory burden on the automotive 

industry while maintaining the current 

level of safety. 

DATES: Comments must be submitted by 

May 25, 2012. To the extent possible, 

PHMSA will consider late-filed 

comments as a final rule is developed. 

ADDRESSES: You may submit comments 

identified by the docket number 

(PHMSA–2010–0201 (HM–254)) by any 

of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue SE., Washington, DC 

20590. 

• Hand Delivery: To Docket 

Operations; Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

Instructions: All submissions must 

include the agency name and docket 

number for this notice at the beginning 

of the comment. All comments received 

will be posted without change to the 

Federal Docket Management System 

(FDMS), including any personal 

information. Please see the Privacy Act 

section within the Regulatory Analyses 

and Notices. 

Docket: For access to the dockets to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or DOT’s Docket 

Operations Office (see ADDRESSES). 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78) or you 

may visit http://www.dot.gov. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Nickels, Standards and 

Rulemaking Division, Office of 

Hazardous Materials Safety, Pipeline 

and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, telephone (202) 366– 

8553. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Summary Review of Proposed 

Amendments 

III. Regulatory Analyses and Notices 

IV. List of Subjects 

I. Background 

The Hazardous Materials Regulations 

(HMR; 49 CFR Parts 171–180) are issued 

by the Pipeline and Hazardous Materials 

Safety Administration (PHMSA) and 

govern the safe transportation of 

hazardous materials by highway, rail, 

vessel, and air. The scope of the HMR 

includes hazardous materials 

classification, packaging, hazard 

communication, emergency response 

information, and training, etc. 

Furthermore, included within these 

provisions are the regulations for the 

transportation of air bag inflators, air 

bag modules, and seat-belt pretensioners 

in § 173.166. 

Found in § 173.166(a), PHMSA 

provides definitions for an air bag 

inflator (a gas generator used to inflate 

an air bag in a supplemental restraint 

system in a motor vehicle), an air bag 

module (the air bag inflator plus an 

inflatable bag assembly), and a seat-belt 

pretensioner (containing similar 

hazardous materials and is used in the 

operation of a seat-belt restraining 

system in a motor vehicle). In 

§ 173.166(b)–(f), PHMSA also provides 

the regulatory requirements for the 

classification, EX number assignments, 

exceptions, packagings, and labeling 

requirements for these air bag inflators, 

air bag modules, and seat-belt 

pretensioners. 

In a petition dated June 24, 2008 (P– 

1523) and two addendums submitted on 

February 26, 2009 and June 14, 2011, 

the North American Automotive Hazmat 

Action Committee (NAAHAC), 

representing numerous automobile 

manufacturers and component suppliers 

located in North America as well as in 

Asia and Europe, requested revisions to 

requirements in the HMR applicable to 

safety restraint systems (e.g., air bag 

inflators, air bag modules, and seat-belt 

pretensioners). NAAHAC suggests that 

subjecting Class 9, UN3268 safety 

restraint systems to the EX approval 

process in accordance with § 173.56 

imposes an unnecessary burden on the 

industry that does not advance safety. 

In addition, NAAHAC suggests that 

PHMSA incorporate the following longstanding special permits into the HMR: 

• DOT–SP 12332—This special 

permit authorizes the transportation in 

commerce of certain air bag inflators, air 

bag modules, and seat-belt pretensioners 

that meet the requirements for use in the 

United States, and have been removed 

from or were intended to be used in a 

motor vehicle without listing the EXapproval numbers or product names on 

the shipping papers. This special permit 

applies to Class 9, UN3268 materials 

that are packaged using either of the two 

following methods: 

a. Non-specification steel drums with 

a wall and lid thickness not less than 20 

gauge. The lid must be securely affixed 

with a lever-locking or bolted-ring 

assembly. The threaded bung closure in 

the top of the drum must be removed 

prior to shipment and the bung opening 

covered with waterproof plastic tape or 

a waterproof soft plastic cap that must 

easily provide ventilation of the drum 

contents in the event of a fire. The drum 

may be filled with any combination of 

air bag inflators, air bag modules, or 

seat-belt pretensioner devices to a 

capacity not greater than fifty (50) 

percent of the drum’s total volume; 

inner packagings are not necessary; or 

b. Outer packagings that are UN 

Standard 4H2 solid plastic boxes or 

non-specification rugged reusable 

plastic containers with either trays or 

cushioning material in the containers to 

prevent movement of articles during 

transportation. Inner packagings are 

static-resistant plastic bags or trays, as 

appropriate. 

• DOT–SP 13996—This special 

permit provides relief from 

§ 173.166(e)(4) in that it authorizes the 

transportation, under certain conditions, 

of Class 9, UN3268 air bag inflators, air 

bag modules and seat-belt pretensioners 

in reusable containers manufactured 

from high-strength plastic, metal, or 

other suitable material, or other 

dedicated handling devices. 

As stated above, in addition to 

NAAHAC’s petition suggesting that 

subjecting Class 9, UN3268 safety 

restraint systems to the EX approval 

process in accordance with § 173.56 

imposes an unnecessary burden on the 

industry that does not advance safety, 

the petition also suggests that PHMSA 

incorporate these two long-standing 

special permits into the HMR. PHMSA 

agrees with the petition and proposes to 

amend the HMR to incorporate certain 

requirements based on these two 

existing special permits issued under 49 

CFR Part 107, Subpart B (§§ 107.101 to 

107.127). These special permits set forth 

alternative requirements (variances) to 

the requirements in the HMR by means 

that achieve a safety level that at the 

least corresponds to the safety level 

required under the regulations and that 

is consistent with the public interest. 

Congress expressly authorized DOT to 

issue variances in the Hazardous 

Materials Transportation Act of 1975, 

when appropriate. 


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The HMR generally are performanceoriented regulations that provide the 

regulated community a certain amount 

of flexibility in meeting safety 

requirements. Even so, not every 

transportation situation can be 

anticipated and built into the 

regulations. The hazardous materials 

community is particularly strong at 

developing new materials and 

technologies and innovative ways of 

moving materials. Special permits 

enable the hazardous materials industry 

to quickly, effectively and safely 

integrate new products and technologies 

into the production and transportation 

stream. Thus, special permits allow 

developing products and technologies to 

move in commerce for testing and other 

purposes, promote increased 

transportation efficiency and 

productivity, and support global 

competitiveness. 

A special permit must achieve at least 

an equivalent level of safety to that 

specified in the HMR. Implementation 

of new technologies and operational 

techniques can enhance safety because 

the authorized operations or activities 

achieve a greater level of safety than 

currently required under the 

regulations. Special permits also reduce 

the volume and complexity of the HMR 

by addressing unique or infrequent 

transportation situations that would be 

difficult to accommodate in regulations 

intended for use by a wide range of 

shippers and carriers. PHMSA conducts 

ongoing reviews of special permits to 

identify widely-used and longstanding 

special permits with established safety 

records for incorporation into the HMR 

for broader applicability. 

Incorporating these two special 

permits into regulations reduces 

paperwork burdens and facilitates 

commerce while maintaining an 

acceptable level of safety. Additionally, 

adoption of special permits as rules of 

general applicability provides wider 

access to the benefits and regulatory 

flexibility of the provisions granted in 

the special permits. Factors that 

influence whether a specific special 

permit is a candidate for regulatory 

action include: The safety record for 

hazardous materials transported; 

transportation operations conducted 

under a special permit; the potential for 

broad application of a special permit; 

suitability of provisions in the special 

permit for incorporation into the HMR; 

rulemaking activity in related areas; and 

agency priorities. 

Regarding the proper classifying of air 

bag inflators, air bag modules, and seatbelt pretensioners, NAAHAC notes that 

it is the responsibility of the device 

manufacturer to ensure that testing, 

verification, and classification of its 

products has been conducted in 

accordance with the HMR. Special 

Provision 160 (see § 172.102 of the 

HMR) requires the manufacturer to get 

the air bag inflators, air bag modules, 

and seat-belt pretensioners tested by a 

DOT explosives test lab, in accordance 

with Test series 6(c) of Part I of the UN 

Manual of Tests and Criteria 

(incorporated by reference; see § 171.7 

of the HMR), and then the manufacturer 

must submit a hazard classification 

recommendation from that DOT 

explosives test lab to the DOT. This test 

is performed to ensure that air bag 

inflators, air bag modules, and seat-belt 

pretensioners meet the criteria for 

classification as Class 9 materials. To 

pass the test there must be no 

fragmentation of the device casing or 

pressure vessel, and no projection 

hazard or thermal effect that would 

significantly hinder emergency response 

efforts in the immediate vicinity. Failure 

of Test series 6(c) necessitates treatment 

as an explosive in Class 1, including the 

EX approval process and inclusion of 

the EX number on the shipping 

documentation. 

NAAHAC indicates that the current 

requirement to reference the EX number 

on the shipping paper for Class 9, 

UN3268 safety restraint systems is a 

burden that offers little in terms of 

hazard communication or transportation 

safety. In fact, NAAHAC states that the 

requirement imposes unnecessary costs 

to obtain, record, and transfer the EX 

number to shipping documents. 

According to NAAHAC, the industrywide costs associated with first 

verifying and then transferring the EX 

number to the shipping paper is in 

excess of $890,000.00 annually. 

II. Summary Review of Proposed 

Amendments 

PHMSA agrees with the petitioner 

that requiring Class 9 air bag inflators, 

air bag modules, and seat-belt 

pretensioners to be subjected to the EX 

approval process is unnecessarily 

burdensome and that eliminating the 

approval requirement will not adversely 

affect safety. Further, PHMSA agrees 

that incorporating the terms of DOT–SP 

12332 and DOT–SP 13996 into the HMR 

will promote compliance and safety. As 

a result, PHMSA proposes to revise 

§ 173.166 to address the concerns 

highlighted in NAAHAC’s petition. 

PHMSA believes changes proposed by 

this NPRM will promote the safe 

transportation of Class 9 air bag 

inflators, air bag modules, and seat-belt 

pretensioners, while significantly 

reducing the financial burden on the 

automotive industry for shipping these 

devices. The changes proposed by this 

NPRM are described in detail below. 

A. Approval Process 

In this NPRM, PHMSA proposes to 

allow manufacturers of air bag inflators, 

air bag modules, or seat-belt 

pretensioners to receive a classification 

of Class 9 (UN3268) to new designs that 

pass Test series 6(c) of the UN Manual 

of Tests and Criteria—currently required 

by Special Provision 160. As proposed, 

an air bag inflator, air bag module, or 

seat-belt pretensioner may be classed as 

Class 9 (UN3268) if the air bag inflator, 

air bag module, or seat-belt pretensioner 

design is examined and successfully 

tested by a person or agency (authorized 

testing agency) who is authorized by the 

Associate Administrator to perform 

such examination and testing of 

explosives under 173.56(b)(1). 

As proposed in this NPRM, persons 

who test and examine air bag inflators, 

air bag modules, or seat-belt 

pretensioners will be required to 

provide a detailed report on each tested 

design to the manufacturer. Key 

components of the report include a 

description of the design; explanation of 

the tests performed and results; and a 

recommended classification for tested 

designs. The manufacturer must retain 

the report for as long as the design is in 

production and for 15 years thereafter. 

Additionally, the manufacturer must 

make the report available to Department 

officials upon request. This record 

retention requirement ensures that a 

detailed test report of each air bag 

inflator, air bag module, or seat-belt 

pretensioner design is maintained and 

available for the useful life of the 

device. These records may be used to 

verify the accuracy and validity of the 

tests and classification 

recommendation. 

In summary, the proposed 

amendment provides manufacturers of 

air bag inflators, air bag modules, or 

seat-belt pretensioners with the option 

to utilize new designs that are proven to 

meet the criteria of a Class 9 through 

established test criteria, without 

receiving an EX approval from PHMSA. 

The result is a significant cost savings 

and no change in the level of safety. 

Additionally, we propose to permit 

manufacturers to continue to receive EX 

approval by submitting their designs for 

examination and testing in accordance 

with § 173.56(b) if they so choose. 

Air bag inflators, air bag modules, or 

seat-belt pretensioners that meet the 

criteria for a Division 1.4G explosive, 

(e.g., a device that fails Test series 6(c) 

of the UN Manual of Tests and Criteria, 

as provided by Special Provision 160) 

must continue to be approved by 


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Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Proposed Rules 17397 

PHMSA in accordance with the 

explosive examination, classification, 

and approval process in § 173.56(b). 

B. Shipping Papers 

PHMSA is proposing in this NPRM to 

except Class 9 air bag inflators, air bag 

modules, or seat-belt pretensioners 

assigned to UN3268 from the 

requirement to provide the EX number 

on the shipping paper. As suggested by 

NAAHAC, the documentation 

requirement imposes a cost burden, but 

does not provide a safety benefit. 

C. Safety Restraint Systems Installed in 

Vehicles 

In this NPRM, PHMSA proposes to 

clarify that a safety restraint device that 

is installed in a vehicle or vehicle 

component is not subject to the HMR. 

This change makes it clear that the 

exception will continue to apply to 

Class 9, UN3268 materials that are not 

approved by the Associate 

Administrator. 

D. Packaging 

In this NPRM, PHMSA is also 

proposing to authorize the use of nonDOT specification, reusable containers 

manufactured from high strength 

plastic, metal, or other suitable material, 

or other dedicated handling devices, for 

transportation of air bag inflators, air 

bag modules, and seat-belt 

pretensioners. This change would 

incorporate the provisions of Special 

Permit DOT–SP 13996 into the HMR. 

The special permit has been in effect 

since 2005, and has been utilized by 31 

grantees with no known safety 

problems. A review of the Hazardous 

Materials Incident Data library did not 

reveal any incidents related to this 

special permit since the date of its 

issuance. 

Special Permit DOT–SP 13996 allows 

the specified packaging to be used for 

transportation from the manufacturing 

facility to an intermediate handling 

location; from an intermediate handling 

location to the assembly facility; from 

the assembly facility to an intermediate 

handling location; from the intermediate 

handling location back to the 

manufacturing facility; or from the 

assembly facility directly to the 

manufacturer with no intermediate 

facility involved. As proposed in this 

NPRM, there would be no limit on the 

use of the authorized packaging to 

transportation between specific 

destinations. However, no modifications 

or changes may be made to the original 

package and the transportation must be 

made by private or contract carrier. By 

requiring no modifications to the 

original package, this will ensure that 

adequate packaging and handling 

considerations are maintained. 

In this NPRM, PHMSA also proposes 

to authorize additional packaging 

alternatives for air bag inflators, air bag 

modules, and seat-belt pretensioners 

that have been removed from, or were 

intended to be used in, a motor vehicle 

that meets the requirements for use in 

the United States. The proposed change 

would incorporate the provisions of 

Special Permit DOT–SP 12332 into the 

HMR. The special permit has been in 

effect since 2000, and has been utilized 

by more than 2,100 grantees with no 

known safety problems. A review of the 

Hazardous Materials Incident Data 

library did not reveal any incidents 

related to this special permit since the 

date of its issuance. In accordance with 

the special permit, this additional 

packaging option would be limited to 

devices that are offered for 

transportation and transported 

domestically by highway. 

E. Shipments for Recycling/Reuse 

In this NPRM, we did not propose any 

changes to the requirements for 

shipping air bag modules or seat-belt 

pretensioners for recycling. In the 

current HMR, when offered for domestic 

transportation by highway, rail freight, 

cargo vessel or cargo aircraft, a 

serviceable air bag module or seat-belt 

pretensioner removed from a motor 

vehicle that was manufactured as 

required for use in the U.S. may be 

offered for transportation and 

transported without compliance with 

the shipping paper requirement 

prescribed in § 173.166(c), but the word 

‘‘Recycled’’ must be entered on the 

shipping paper immediately after the 

basic description prescribed in 

§ 172.202. However, we believe that the 

word ‘‘Reuse’’ might be a more 

appropriate description for the actual 

action that is taking place. We request 

comments regarding a potential change 

from the word ‘‘Recycled’’ to ‘‘Reuse’’ 

that would appear on shipping papers 

in accordance with an altered 

§ 173.166(d)(4). 

F. Additional Packaging Authorizations 

To maintain alignment of the HMR 

with international requirements, in this 

NPRM, we are proposing to incorporate 

changes based on the Seventeenth 

revised edition of the UN Model 

Regulations. Specifically, in addition to 

the packagings authorized currently in 

§ 173.166(e)(1), (e)(2), and (e)(3), we 

propose to permit 1N2 and 1D drums, 

3B2 jerricans, and 4A, 4B, 4N, and 4H1 

boxes. 

III. Regulatory Analyses and Notices 

A. Statutory/Legal Authority for This 

Rulemaking 

This notice of proposed rulemaking is 

published under the authority of 49 

U.S.C. 5103(b) which authorizes the 

Secretary to prescribe regulations for the 

safe transportation, including security, 

of hazardous material in intrastate, 

interstate, and foreign commerce. 49 

U.S.C. 5117(a) authorizes the Secretary 

of Transportation to issue a special 

permit from a regulation prescribed in 

5103(b), 5104, 5110, or 5112 of the 

Federal Hazardous Materials 

Transportation Law to a person 

transporting, or causing to be 

transported, hazardous material in a 

way that achieves a safety level at least 

equal to the safety level required under 

the law, or consistent with the public 

interest, if a required safety level does 

not exist. If adopted as proposed, the 

final rule would amend the regulations 

incorporating a petition and provisions 

from certain widely-used and 

longstanding special permits that have 

established a history of safety and 

which may, therefore, be converted into 

the regulations for general use. 

B. Executive Order 12866, Executive 

Order 13563, and DOT Regulatory 

Policies and Procedures 

This notice of proposed rulemaking is 

not considered a significant regulatory 

action under section 3(f) of Executive 

Order 12866 and, therefore, was not 

reviewed by the Office of Management 

and Budget. Furthermore, this rule is 

not significant under the Regulatory 

Policies and Procedures of the 

Department of Transportation (44 FR 

11034). 

Executive Order 13563 is 

supplemental to and reaffirms the 

principles, structures, and definitions 

governing regulatory review that were 

established in Executive Order 12866 

Regulatory Planning and Review of 

September 30, 1993. By building off of 

each other, these two Executive Orders 

12866 and 13563 require agencies to 

regulate in the ‘‘most cost-effective 

manner,’’ to make a ‘‘reasoned 

determination that the benefits of the 

intended regulation justify its costs,’’ 

and to develop regulations that ‘‘impose 

the least burden on society.’’ 

In this NPRM, the proposed 

amendments to the HMR will not 

impose increased compliance costs on 

the regulated industry. Rather, the 

proposed rule incorporates current 

approval procedures for the 

transportation of air bag inflators, air 

bag modules, and seat-belt pretensioners 

into the HMR and provides additional 


tkelley on DSK3SPTVN1PROD with PROPOSALS
17398 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Proposed Rules 

flexibility for persons seeking to obtain 

such approval. In addition, the 

proposals in this NPRM will reduce the 

paperwork burden on industry and this 

agency caused by continued renewals of 

special permits. The provisions of this 

proposed rule will promote the 

continued safe transportation of 

hazardous materials while reducing 

transportation costs for the industry and 

administrative costs for the agency. 

Therefore, the requirements of 

Executive Orders 12866 and 13563, and 

the DOT policies and procedures 

concerning these orders have been 

satisfied. Overall, this proposed rule 

should reduce the compliance burden 

on the regulated industry without 

compromising transportation safety. 

C. Executive Order 13132 

This proposed rule has been analyzed 

in accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This proposed 

rule would preempt State, local, and 

Indian tribe requirements but does not 

propose any regulation that has 

substantial direct effects on the States, 

the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

The Federal hazardous materials 

transportation law, 49 U.S.C. 5101– 

5127, contains an express preemption 

provision (49 U.S.C. 5125(b)) that 

preempts State, local, and Indian tribe 

requirements on the following subjects: 

(1) The designation, description, and 

classification of hazardous materials; 

(2) The packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous materials; 

(3) The preparation, execution, and 

use of shipping documents related to 

hazardous materials and requirements 

related to the number, contents, and 

placement of those documents; 

(4) The written notification, 

recording, and reporting of the 

unintentional release in transportation 

of hazardous material; and 

(5) The design, manufacture, 

fabrication, marking, maintenance, 

recondition, repair, or testing of a 

packaging or container represented, 

marked, certified, or sold as qualified 

for use in transporting hazardous 

material. 

This proposed rule addresses subject 

areas (1), (3), and (5), above. If adopted 

as final, this rule would preempt any 

State, local, or Indian tribe requirements 

concerning these subjects unless the 

non-Federal requirements are 

‘‘substantively the same’’ as the Federal 

requirements. Furthermore, this 

proposed rule is necessary to update, 

clarify, and provide relief from 

regulatory requirements. 

Federal hazardous materials 

transportation law provides at 

§ 5125(b)(2) that, if DOT issues a 

regulation concerning any of the 

covered subjects, DOT must determine 

and publish in the Federal Register the 

effective date of Federal preemption. 

The effective date may not be earlier 

than the 90th day following the date of 

issuance of the final rule and not later 

than two years after the date of issuance. 

PHMSA has determined that the 

effective date of Federal preemption for 

these requirements will be one year 

from the date of publication of a final 

rule in the Federal Register. 

D. Executive Order 13175 

This NPRM has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this NPRM does not 

significantly or uniquely affect the 

communities of the Indian tribal 

governments and does not impose 

substantial direct compliance costs, the 

funding and consultation requirements 

of Executive Order 13175 do not apply. 

E. Regulatory Flexibility Act, Executive 

Order 13272, and DOT Procedures and 

Policies 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires an agency to 

review regulations to assess their impact 

on small entities unless the agency 

determines that a rule is not expected to 

have a significant impact on a 

substantial number of small entities. 

The proposed rule will not impose 

increased compliance costs on the 

regulated industry. Rather, the proposed 

rule incorporates current approval 

procedures for the transportation of air 

bag inflators, air bag modules, and seatbelt pretensioners into the HMR and 

provides additional flexibility for 

persons seeking to obtain such approval. 

In addition, the proposed rulemaking 

excepts certain shipments from the 

specific documentation requirements of 

the HMR; these exception provisions 

will increase shipping options and 

reduce shipment costs. Overall, this 

proposed rule should reduce the 

compliance burden on the regulated 

industry without compromising 

transportation safety. Therefore, we 

certify that this proposed rulemaking 

will not have a significant or negative 

economic impact on a substantial 

number of small entities, and in reality 

should provide a slight positive 

economic benefit (i.e., reduced 

compliance burden) for those small 

entities. 

This notice has been developed in 

accordance with Executive Order 13272 

(‘‘Proper Consideration of Small Entities 

in Agency Rulemaking’’) and DOT’s 

procedures and policies to promote 

compliance with the Regulatory 

Flexibility Act to ensure that potential 

impacts of draft rules on small entities 

are properly considered. 

F. Paperwork Reduction Act 

PHMSA currently has an approved 

information collection under Office of 

Management and Budget (OMB) Control 

Number 2137–0051, entitled 

‘‘Rulemaking, Special Permits, and 

Preemption Requirements,’’ with an 

expiration date of April 30, 2014. This 

NPRM may result in a decrease in the 

annual burden and costs under OMB 

Control Number 2137–0051 due to 

proposed changes to incorporate 

provisions contained in certain widelyused or longstanding special permits 

that have an established safety record. 

PHMSA also has an approved 

information collection under OMB 

Control Number 2137–0557, entitled 

‘‘Approvals for Hazardous Materials,’’ 

with an expiration date of May 31, 2014. 

While this NPRM may result in a slight 

increase in the annual burden and cost 

to OMB Control Number 2137–0557 for 

proposed minor recordkeeping 

requirements under § 173.166, this 

NPRM should result in an overall 

decrease in the annual burden and cost 

to OMB Control Number 2137–0557 due 

to the larger cost savings of reducing the 

number of approvals required by testers 

of air bags and air bag modules. 

PHMSA has an approved information 

collection under OMB Control Number 

2137–0034, entitled ‘‘Hazardous 

Materials Shipping Papers and 

Emergency Response.’’ This NPRM may 

result in a decrease in the annual 

burden and cost due to shippers no 

longer being required to put the EX 

numbers on shipping papers for air bag 

modules. 

Under the Paperwork Reduction Act 

of 1995, no person is required to 

respond to an information collection 

unless it has been approved by OMB 

and displays a valid OMB control 

number. Section 1320.8(d), title 5, Code 

of Federal Regulations requires that 

PHMSA provide interested members of 

the public and affected agencies an 

opportunity to comment on information 

and recordkeeping requests. 

This notice identifies revised 

information collection requests that 

PHMSA will submit to OMB for 


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approval based on the requirements in 

this proposed rule. PHMSA has 

developed burden estimates to reflect 

changes in this proposed rule and 

estimates that the information collection 

and recordkeeping burdens would be 

revised as follows: 

OMB Control No. 2137–0051: 

Decrease in Annual Number of 

Respondents: 45 

Decrease in Annual Responses: 45 

Decrease in Annual Burden Hours: 360 

Decrease in Annual Burden Costs: 

$18,000.00 

OMB Control No. 2137–0557: 

Decrease in Annual Number of 

Respondents: 207 

Decrease in Annual Responses: 207 

Decrease in Annual Burden Hours: 

569.25 

Decrease in Annual Burden Costs: 

$11,385.00 

OMB Control No. 2137–0034: 

Decrease in Annual Number of 

Respondents: 207 

Decrease in Annual Responses: 15,500 

Decrease in Annual Burden Hours: 

285.33 

Decrease in Annual Burden Costs: 

$5,706.60 

PHMSA specifically requests 

comments on the information collection 

and recordkeeping burdens associated 

with developing, implementing, and 

maintaining these requirements for 

approval under this proposed rule. 

Requests for a copy of this 

information collection should be 

directed to Steven Andrews or T. Glenn 

Foster, Office of Hazardous Materials 

Standards (PHH–12), Pipeline and 

Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001, Telephone (202) 366–8553. 

Address written comments to the 

Dockets Unit as identified in the 

ADDRESSES section of this rulemaking. 

We must receive comments regarding 

information collection burdens prior to 

the close of the comment period 

identified in the DATES section of this 

rulemaking. In addition, you may 

submit comments specifically related to 

the information collection burden to the 

PHMSA Desk Officer, Office of 

Management and Budget, at fax number 

(202) 395–6974. 

G. Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN contained in the heading 

of this document can be used to crossreference this action with the Unified 

Agenda. 

H. Unfunded Mandates Reform Act of 

1995 

This proposed rule does not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It does not result in costs of 

$141.3 million or more to either state, 

local or tribal governments, in the 

aggregate, or to the private sector, and 

is the least burdensome alternative that 

achieves the objective of the rule. 

I. Environmental Assessment 

The National Environmental Policy 

Act of 1969 (NEPA), as amended (42 

U.S.C. 4321–4347), and implementing 

regulations by the Council on 

Environmental Quality (40 CFR part 

1500) require Federal agencies to 

consider the consequences of Federal 

actions and prepare a detailed statement 

on actions that significantly affect the 

quality of the human environment. 

The hazardous materials regulatory 

system is a risk management system that 

is prevention oriented and focused on 

identifying a hazard and reducing the 

probability and quantity of a hazardous 

materials release. Hazardous materials 

are categorized by hazard analysis and 

experience into hazard classes and 

packing groups. The regulations require 

each shipper to classify a material in 

accordance with these hazard classes 

and packing groups; the process of 

classifying a hazardous material is itself 

a form of hazard analysis. Further, the 

regulations require the shipper to 

communicate the material’s hazards by 

identifying the hazard class, packing 

group, and proper shipping name on 

shipping papers and with labels on 

packages and placards on transport 

vehicles. Thus, the shipping paper, 

labels, and placards communicate the 

most significant findings of the 

shipper’s hazard analysis. Most 

hazardous materials are assigned to one 

of three packing groups based upon its 

degree of hazard, from a high hazard 

Packing Group I material to a low 

hazard Packing Group III material. The 

quality, damage resistance, and 

performance standards for the 

packagings authorized for the hazardous 

materials in each packing group are 

appropriate for the hazards of the 

material transported. 

Hazardous materials are transported 

by aircraft, vessel, rail, and highway. 

The potential for environmental damage 

or contamination exists when packages 

of hazardous materials are involved in 

transportation incidents. The need for 

hazardous materials to support essential 

services means transportation of highly 

hazardous materials is unavoidable. 

However, these shipments frequently 

move through densely populated or 

environmentally sensitive areas where 

the consequences of an incident could 

be loss of life, serious injury, or 

significant environmental damage. The 

ecosystems that could be affected by a 

hazardous materials release during 

transportation include atmospheric, 

aquatic, terrestrial, and vegetal 

resources (for example, wildlife 

habitats). The adverse environmental 

impacts associated with releases of most 

hazardous materials are short-term 

impacts that can be greatly reduced or 

eliminated through prompt clean-up of 

the incident scene. In this NPRM, we 

are requesting comments on the 

potential environmental impacts of the 

proposals. 

In this NPRM, PHMSA proposes to 

incorporate the terms of two special 

permits into the HMR. Further, all of the 

proposals in this NPRM involve the 

transportation of air bag inflators, air 

bag modules, or seat-belt pretensioners 

that have been classed as UN3268, 

miscellaneous hazardous materials 

(Class 9). While this classification 

indicates that the material presents a 

hazard during transportation (but which 

does not meet the definition of any 

other hazard class in the HMR), a Class 

9 material ranks last in all items 

regulated by the U.S. DOT in terms of 

hazard precedence and risk. The 

proposals in this NPRM reflect that fact 

and if finalized, would reduce the 

unnecessary burdens on not just the 

offerors of these UN3268 materials, but 

reduce PHMSA’s own administrative 

costs from reviewing unnecessary 

approvals and special permits. 

The purpose and need of this 

rulemaking is to incorporate widelyused special permits or those with an 

established safety record into the HMR 

for universal use. More information 

about the advantages of the proposed 

action can be found in the preamble 

(i.e., Summary Review of Proposed 

Amendments) to this rulemaking. The 

alternatives considered in the analysis 

include: (1) The proposed action, that is, 

incorporation of the proposed special 

permits as amendments to the HMR; 

and (2) the ‘‘no action’’ alternative, 

meaning that none of the proposed 

special permits would be incorporated 

into the HMR. PHMSA believes that 

either of these alternatives would result 

in equal environmental risk and/or 

impact because special permits are 

intended to offer equivalent safety and 

environmental protection as the HMR. 

In considering the potential 

environmental impacts of the proposed 


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17400 Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Proposed Rules 

action, PHMSA does not anticipate that 

the incorporation of the listed special 

permits will result in any significant 

impact on the human environment 

because the process through which 

special permits are issued requires the 

applicant to demonstrate that the 

alternative transportation method or 

packaging proposed provides an 

equivalent level of safety as that 

provided in the HMR. However, 

PHMSA welcomes and will consider 

and address comments about 

foreseeable environmental impacts or 

risk associated with the incorporation of 

any proposed special permit that 

commenters believe PHMSA might have 

overlooked in this NPRM. 

Given that this rulemaking proposes 

to amend the HMR to incorporate 

provisions contained in certain widelyused or longstanding special permits 

that have an established safety record, 

these proposed changes in regulation 

should increase safety and 

environmental protections. 

J. International Trade Analysis 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing any standards or 

engaging in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standards have a 

legitimate domestic objective, such as 

the protection of safety, and do not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. PHMSA notes the 

purpose is to ensure the safety of the 

American public, and has assessed the 

effects of this rule to ensure that it does 

not exclude imports that meet this 

objective. As a result, this proposed rule 

is not considered as creating an 

unnecessary obstacle to foreign 

commerce. 

IV. List of Subjects in 49 CFR Part 173 

Hazardous materials transportation, 

Packaging and containers, Radioactive 

materials, Reporting and recordkeeping 

requirements, and Uranium. 

In consideration of the foregoing, we 

propose to amend 49 CFR Chapter I as 

follows: 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

1. The authority citation for part 173 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.45, 1.53. 

2. Section 173.166 is proposed to be 

revised as follows: 

§ 173.166 Air bag inflators, air bag 

modules and seat-belt pretensioners. 

(a) Definitions. An air bag inflator 

(consisting of a casing containing an 

igniter, a booster material, a gas 

generant and, in some cases, a pressure 

receptacle (cylinder)) is a gas generator 

used to inflate an air bag in a 

supplemental restraint system in a 

motor vehicle. An air bag module is the 

air bag inflator plus an inflatable bag 

assembly. A seat-belt pre-tensioner 

contains similar hazardous materials 

and is used in the operation of a seatbelt restraining system in a motor 

vehicle. 

(b) Classification. (1) An air bag 

inflator, air bag module, or seat-belt 

pretensioner may be classed as Class 9 

(UN3268) if the air bag inflator, air bag 

module, or seat-belt pretensioner design 

is examined and successfully tested by 

a person or agency (authorized testing 

agency) who is authorized by the 

Associate Administrator to perform 

such examination and testing of 

explosives under 173.56(b)(1) of this 

subchapter, and who: 

(i) Does not manufacture or market 

explosives, air bag inflators, air bag 

modules, or seat-belt pretensioners, is 

not owned in whole or in part, or is not 

financially dependent upon any entity 

that manufactures or markets 

explosives, air bag inflators, air bag 

modules, or seat-belt pretensioners; 

(ii) Performs all examination and 

testing in accordance with the 

applicable requirements as specified in 

Special Provision 160 (see § 172.102); 

and 

(iii) Maintains records in accordance 

with paragraph (g) of this section. 

(iv) By adhering to all the provisions 

specified in § 173.166(b)(1), the Class 9 

(UN3268) air bag inflator, air bag 

module, or seat-belt pretensioner design 

is not required to be submitted to the 

Associate Administrator for approval or 

assigned an EX number. 

(2) An air bag inflator, air bag module, 

or seat-belt pretensioner may be classed 

as Division 1.4G if it has been examined 

and successfully tested by a person or 

agency (authorized testing agency) who 

is authorized by the Associate 

Administrator to perform such 

examination and testing of explosives 

under 173.56 of this subchapter. For 

domestic transport, air bag inflators, air 

bag modules or seat-belt pretensioners 

that meet the criteria for a Division 1.4G 

explosive must be transported using the 

description, ‘‘UN0431, Articles, 

pyrotechnic for technical purposes’’ as 

specified in Special Provision 161 (see 

§ 172.102). Further, as a Class 1 

explosive, the manufacturer must 

submit to the Associate Administrator a 

report of the examination and 

assignment of a recommended shipping 

description, division, and compatibility 

group and if the Associate 

Administrator finds the approval 

request meets the regulatory criteria, the 

explosive will be approved in writing 

and assigned an EX number; or 

(3) The manufacturer has submitted 

an application, including a 

classification issued by the competent 

authority of a foreign government to the 

Associate Administrator, and received 

written notification from the Associate 

Administrator that the device has been 

approved for transportation and 

assigned an EX number. 

(c) EX numbers. (1) When an air bag 

inflator, air bag module, or seat-belt 

pretensioner is classed as a Division 

1.4G, the packaging is subject to the EX 

number marking requirements in 

§ 172.320 (or the shipping paper 

requirements in § 172.202(a)). For 

shipping papers, the EX number or 

product code for each approved inflator, 

module or pretensioner must be listed 

in association with the basic description 

required by § 172.202(a) of this 

subchapter. Product codes must be 

traceable to the specific EX number 

assigned to the inflator, module or 

pretensioner by the Associate 

Administrator. The EX number or 

product code is not required to be 

marked on the outside package. 

(2) An air bag inflator, air bag module, 

or seat-belt pretensioner when classed 

as a Class 9 (UN3268), is excepted from 

the EX number requirements of 

paragraph (c). 

(d) Exceptions. (1) An air bag module 

or seat-belt pretensioner that is classed 

as a Class 9 (UN3268) and is installed 

in a motor vehicle, aircraft, boat or other 

transport conveyance or its completed 

components, such as steering columns 

or door panels, is not subject to the 

requirements of this subchapter. An air 

bag module or seat-belt pretensioner 

that has been classed as a Division 1.4G 

and approved by the Associate 

Administrator and is installed in a 

motor vehicle, aircraft, boat or other 

transport conveyance or its completed 

components, such as steering columns 

or door panels, is not subject to the 

requirements of this subchapter. 


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(2) An air bag module containing an 

inflator that has been previously 

approved by the Associate 

Administrator for transportation is not 

required to be submitted for further 

examination or approval. 

(3) An air bag module containing an 

inflator that has previously been 

approved by the Associate 

Administrator as a Division 2.2 material 

is not required to be submitted for 

further examination to be reclassed as a 

Class 9 material. 

(4) Shipments for Recycling. When 

offered for domestic transportation by 

highway, rail freight, cargo vessel or 

cargo aircraft, a serviceable air bag 

module or seat-belt pretensioner 

removed from a motor vehicle that was 

manufactured as required for use in the 

United States may be offered for 

transportation and transported without 

compliance with the shipping paper 

requirement prescribed in paragraph (c) 

of this section. However, the word 

‘‘Recycled’’ must be entered on the 

shipping paper immediately after the 

basic description prescribed in 

§ 172.202 of this subchapter. No more 

than one device is authorized in the 

packaging prescribed in paragraph 

(e)(1), (2) or (3) of this section. The 

device must be cushioned and secured 

within the package to prevent 

movement during transportation. 

(e) Packagings. Rigid, outer 

packagings, meeting the general 

packaging requirements of part 173, and 

the packaging specification and 

performance requirements of part 178 of 

this subchapter at the Packing Group III 

performance level are authorized as 

follows. The packagings must be 

designed and constructed to prevent 

movement of the articles and 

inadvertent operation. Further, if the 

Class 9 designation is contingent upon 

packaging specified by the authorized 

testing agency, shipments of the air bag 

inflator, air bag module, or seat-belt 

pretensioner must be in full compliance 

with the prescribed packaging. 

(1) 1A2, 1B2, 1N2, 1D, 1G, or 1H2 

drums. 

(2) 3A2, 3B2, or 3H2 jerricans. 

(3) 4A, 4B, 4N, 4C1, 4C2, 4D, 4F, 4G, 

4H1, or 4H2 boxes. 

(4) Reusable High-Strength Containers 

or Dedicated Handling Devices. (i) 

Reusable containers manufactured from 

high-strength plastic, metal, or other 

suitable material, or other dedicated 

handling devices are authorized for 

shipment of air bag inflators, air bag 

modules, and seat-belt pretensioners 

from a manufacturing facility to the 

assembly facility, subject to the 

following conditions: 

(A) The gross weight of the containers 

or handling devices may not exceed 

1000 kg (2205 pounds). Containers or 

handling devices must provide adequate 

support to allow stacking at least three 

units high with no resultant damage; 

(B) If not completely enclosed by 

design, the container or handling device 

must be covered with plastic, 

fiberboard, metal, or other suitable 

material. The covering must be secured 

to the container by banding or other 

comparable methods; and 

(C) Internal dunnage must be 

sufficient to prevent movement of the 

devices within the container. 

(ii) Reusable containers manufactured 

from high-strength plastic, metal, or 

other suitable material, or other 

dedicated handling devices are 

authorized for shipment of air bag 

inflators, air bag modules, and seat-belt 

pretensioners to, between, and from, 

intermediate handling locations, 

provided they meet the conditions 

specified in paragraph (e)(4)(i)(A)–(C) of 

this section and: 

(A) No modifications or changes are 

made to the packagings; and 

(B) Transportation must be made by 

private or contract carrier. 

(5) Packagings which were previously 

authorized in an approval issued by the 

Associate Administrator may continue 

to be used until January 1, 2018, 

provided a copy of the approval is 

maintained while such packaging is 

being used. 

(6) Devices removed from a vehicle. 

When removed from, or were intended 

to be used in, a motor vehicle that was 

manufactured as required for use in the 

United States and offered for domestic 

transportation by highway, a serviceable 

air bag inflator, air bag module, or seatbelt pretensioner may be offered for 

transportation and transported in the 

following additional packaging: 

(i) Specification and non-specification 

steel drums with a wall and lid 

thickness not less than 20 gauge. The lid 

must be securely affixed with a leverlocking or bolted-ring assembly. The lid 

of the drum must provide ventilation of 

the drum contents in a fire. The drum 

may be filled with any combination of 

air bag inflators, air bag modules, or 

seat-belt pretensioner devices to a 

capacity not greater than fifty (50) 

percent of the drum’s total volume. In 

addition, inner packagings are not 

required; or 

(ii) Outer packaging consisting of 4H2 

solid plastic boxes or non-specification 

rugged reusable plastic outer packaging 

and inner static-resistant plastic bags or 

trays, as appropriate. If not completely 

enclosed by design, the container or 

handling device must be covered with 

plastic, fiberboard, metal or other 

suitable material. The covering must be 

secured to the container by banding or 

other comparable methods. The articles 

must be packed to prevent movement 

within the container during 

transportation. 

(f) Labeling. Notwithstanding the 

provisions of § 172.402 of this 

subchapter, each package or handling 

device must display a CLASS 9 label. 

Additional labeling is not required 

when the package contains no 

hazardous materials other than the 

devices. 

(g) Recordkeeping requirements. (1) 

Following the examination of each new 

design type classed as a Class 9 in 

accordance with paragraph (b)(1) of this 

section, the person that conducted the 

examination must prepare a test report 

and provide the test report to the 

manufacturer of the air bag inflator, air 

bag module, or seat-belt pretensioner. At 

a minimum, the test report must contain 

the following information: 

(i) Name and address of the test 

facility; 

(ii) Name and address of the 

applicant; 

(iii) Manufacturer of the device. For a 

foreign manufacturer, the U.S. agent or 

importer must be identified; 

(iv) A test report number, drawing of 

the device, and description of the air 

bag inflator, air bag module, or seat-belt 

pretensioner in sufficient detail to 

ensure that the test report is traceable 

(e.g. a unique product identifier) to a 

specific inflator design; 

(v) The tests conducted and the 

results; and 

(vi) A certification that the air bag 

inflator, air bag module, or seat-belt 

pretensioner is properly classed as a 

Class 9 (UN3268). 

(2) For as long as any air bag inflator, 

air bag module, or seat-belt pretensioner 

design is being manufactured, and for at 

least fifteen (15) years thereafter, a copy 

of each test report must be maintained 

by the authorized testing agency that 

performed the examination and testing, 

and by the manufacturer of the product. 

(3) Test reports must be made 

available to a representative of the 

Department upon request. 

Issued in Washington, DC, on March 20, 

2012 under authority delegated in 49 CFR 

part 106. 

Magdy El-Sibaie, 

Associate Administrator for Hazardous 

Materials Safety, Pipeline and Hazardous 

Materials Safety Administration. 

[FR Doc. 2012–7169 Filed 3–23–12; 8:45 am] 

BILLING CODE 4910–60–P 


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