[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Notices]
[Pages 35368-35371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12452]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2019-0156; Notice No. 2019-06]


Hazardous Materials: Request for Information on Safety Devices

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
Department of Transportation (DOT).

ACTION: Notice; Request for information.

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SUMMARY: PHMSA is developing a national policy regarding safety devices 
(UN0503 and UN3268). PHMSA has continued to see advancements in 
technologies for articles containing hazardous materials that have been 
submitted to PHMSA requesting an approval or special permit to 
transport as safety devices (UN0503 and UN3268). PHMSA is requesting 
information or data from stakeholders regarding the classification, 
testing, and conditions for transportation of these devices requesting 
an approval to be classified as safety devices.

DATES: Interested persons are invited to submit comments on or before 
August 10, 2020. Comments received after that date will be considered 
to the extent practicable.

ADDRESSES: You may submit comments identified by the Docket Number 
PHMSA-2019-0156 by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; 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: Docket Management System; 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 (PHMSA-2019-0156) for this notice. To avoid duplication, 
please use only one of these four methods. All comments received will 
be posted without change to the Federal Docket Management System (FDMS) 
and will include any personal information you provide.
    Docket: For access to the dockets to read background documents or

[[Page 35369]]

comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public. DOT posts these comments, without edit, 
including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.
    Confidential Business Information (CBI): CBI is commercial or 
financial information that is both customarily and actually treated as 
private by its owner. Under the Freedom of Information Act (FOIA) (5 
U.S.C. 552), CBI is exempt from public disclosure. If your comments 
responsive to this notice contain commercial or financial information 
that is customarily treated as private, that you actually treat as 
private, and that is relevant or responsive to this notice, it is 
important that you clearly designate the submitted comments as CBI. 
Please mark each page of your submission containing CBI as ``PROPIN.'' 
PHMSA will treat such marked submissions as confidential under the 
FOIA, and they will not be placed in the public docket of this notice. 
Submissions containing CBI should be sent to Candace Casey, Standards 
and Rulemaking Division, (202) 366-8553, Pipeline and Hazardous 
Materials Safety Administration, U.S. Department of Transportation, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001. Any commentary 
that PHMSA receives which is not specifically designated as CBI will be 
placed in the public docket for this notice.

FOR FURTHER INFORMATION CONTACT: Candace Casey, Standards and 
Rulemaking Division, (202) 366-8553, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

I. Executive Summary

    On January 8, 2015, PHMSA published a final rule titled, 
``Hazardous Materials: Harmonization with International Standards 
(RRR)'' [80 FR 1075; HM-215M] which introduced, defined, and outlined 
broad criteria for transportation of safety devices in the HMR. Prior 
to publication of HM-215M, the safety device transport provisions were 
limited to air bag inflators, air bag modules, or seat-belt 
pretensioners, which were classed and described as either Division 1.4G 
(explosive) or Class 9 (miscellaneous) under UN0503 or UN3268, 
respectively.
    Due to advancements in technologies for safety devices and their 
associated use and questions concerning the appropriate application of 
the safety devices proper shipping name and its associated 
classification, PHMSA is developing a national policy to ensure 
consistent decisions regarding what devices and uses are eligible for 
these classifications and potentially the provisions and conditions for 
their transportation.

II. Background

    The Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) 
prescribe requirements for the transportation in commerce of safety 
devices, \1\ including classification, packaging, and hazard 
communication provisions. On January 8, 2015, PHMSA adopted provisions 
for safety devices into the HMR in a final rule titled, ``Hazardous 
Materials: Harmonization with International Standards (RRR)'' [80 FR 
1075; HM-215M].\2\ Safety devices are described in the HMR as 
``articles which contain pyrotechnic substances or hazardous materials 
of other classes and are used in vehicles, vessels, or aircraft to 
enhance safety to persons.'' 49 CFR 173.166. Prior to publication of 
HM-215M, the use of the Sec.  173.166 provisions was limited to air bag 
inflators, air bag modules, or seat-belt pretensioners for 
transportation and described as either ``UN0503, Air bag inflators, or 
Air bag modules, or Seat-belt pretensioners, 1.4G'' or ``UN3268, Air 
bag inflators, or Air bag modules, or Seat-belt pretensioners, 9.''
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    \1\ This is separate from HMR provisions for life-saving 
devices. Life-saving devices are items, such as inflatable vests or 
rafts, used to assist with life-saving measures and do not require 
approval for classification and transport and are not used as part 
of vehicles (e.g., an air bag).
    \2\ https://www.govinfo.gov/content/pkg/FR-2015-01-08/pdf/2014-30462.pdf.
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    As discussed in the preamble:

    The development of safety products has seen significant progress 
since the introduction of UN3268 and the range of current products 
extends beyond what can presently be assigned to UN3268. Some of the 
newer safety products include elements that are actuated by the 
electrical signal of the crash sensor (e.g., pyromechanical 
devices). Examples include: Devices that interrupt the electrical 
connection in case of emergency by disconnecting the main power 
cable in the vehicle from the battery to prevent short circuit and 
consequentially minimize the risk of fire in the vehicle; and 
actuators which are used for active headrests or for pedestrian 
protection to release special hinges of the engine hood.

    When offering safety devices for transportation, the articles may 
be classified as either a Division 1.4G (explosive) material or a Class 
9 (miscellaneous) hazardous material and transported with the 
applicable basic description of ``UN0503, Safety devices, pyrotechnic, 
1.4G'' or ``UN3268, Safety devices, electrically initiated, 9.'' \3\ 
The appropriate classification may depend on the method of initiation, 
type of safety device, testing results, and other parameters. With the 
exception of air bag inflators, air bag modules, and seat-belt 
pretensioners, all safety device designs are required to be submitted 
to the Associate Administrator for an approval and assignment of an EX 
number.\4\ The exception for these three devices stems from PHMSA's 
experience with the safety in the design and manufacture of these 
devices and PHMSA's long history of approving them for transportation 
as Class 9. Manufacturers of safety devices that do not meet the 
criteria for UN3268 may request an approval for classification as a 
Division 1.4G and may be issued an EX approval if the design type has 
been examined and tested in accordance with Sec.  173.56 of the HMR.
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    \3\ Words in italics are not a required part of a proper 
shipping name.
    \4\ An EX number is a unique identifier for each approved 
explosive.
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    In order for a safety device to be classified as ``UN3268, Safety 
devices, electrically initiated, 9,'' the safety device must be tested 
in accordance with Test series 6(c) of Part I of the United Nations 
(UN) Manual of Tests and Criteria (incorporated by reference in Sec.  
171.7), with no explosion of the device, no fragmentation of device 
casing or pressure vessel, and no projection hazard or thermal effect 
that would significantly hinder fire-fighting or other emergency 
response efforts in the immediate vicinity.\5\ Those safety devices 
must also be packaged and transported in accordance with provisions in 
Sec.  173.166 and other appropriate general provisions of the HMR.
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    \5\ See Sec.  172.102 Special Provision 160, assigned to 
``UN3268, Safety devices, 9.''
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    PHMSA adopted provisions for UN3268 into the HMR based on 
provisions adopted in the 19th Revised Edition of the UN Model 
Regulations. The UN Sub-Committee of Experts on the Transport of 
Dangerous Goods considered multiple proposals during 2012-2016 to 
develop classification and transport provisions similar to those 
applied to air bags, air bag inflators, and seat-belt pretensioners. 
The UN Sub-Committee recognized that these articles (e.g., articles 
containing micro gas

[[Page 35370]]

generators) had a long-standing experience of consistent performance in 
the classification testing. As such, many competent authorities 
provided streamlined testing and approval mechanisms commensurate with 
that experience. However, by providing a general description, the UN 
Sub-Committee determined that additional conditions should apply. 
Specifically, the UN Model Regulations Special Provision 280 was 
developed and assigned to UN3268. SP 280 includes the definition of a 
Division 1.4S (``no explosion of the device, no fragmentation of device 
casing or pressure receptacle, and no projection hazard nor thermal 
effect which would significantly hinder fire-fighting or emergency 
response efforts in the immediate vicinity'') with the addition of 
slightly more stringent assessment criteria for the Series 6(c) test. 
In supporting this amendment at the UN, it was the view of the U.S. 
delegation that the intent was to require that, in order for an article 
to be considered a Class 9 safety device, the article would first have 
to qualify as a Division 1.4S, including the required Division 1.4S 
testing provisions, with the additional assessment criteria provided in 
SP 280 for the Series 6(c) test. The result would be a clear safety 
distinction from Division 1.4G safety devices and those that could be 
classed as Class 9. Additionally, to address the concerns of some 
delegates related to the transition from specific descriptive proper 
shipping names to the generic ``Safety devices,'' the intent of the 
previous proper shipping names was added as a further limitation to 
these articles (i.e., ``used in vehicles, vessels, or aircraft to 
enhance safety to persons''). In the view of the U.S. delegation during 
the development of this provision at the UN, it is only through this 
tiered safety approach that Class 9 designation is clearly supported. 
Note that the UN Sub-Committee continues to work on the classification 
framework for safety devices. This work includes identifying conditions 
and testing methods to determine when an article containing a Division 
1.4S explosive material is considered to be eligible for reassignment 
to Class 9 for transport purposes. PHMSA also continues to host UN 
public meetings for which we solicit comment from the public on UN 
working documents for changes to the UN Model Regulations and Manual of 
Tests and Criteria.

III. Safety Device Classification

    PHMSA is developing a national policy regarding safety devices 
(UN0503 and UN3268). PHMSA continues to see advancements in 
technologies for articles containing hazardous materials that have been 
submitted to PHMSA requesting an approval or special permit to 
transport as safety devices (UN0503 and UN3268). PHMSA is requesting 
information or data from stakeholders regarding the classification, 
testing, and conditions for transportation relevant to the potential 
classification of these devices as safety devices.

IV. Questions

    PHMSA seeks information or data on the following questions related 
to the classification, testing, and conditions for transportation 
relevant to the potential classification of these devices as safety 
devices. Comments or information provided by stakeholders need not be 
limited to the scope of these specific questions. To the extent 
possible, we request commenters include specific data with verifiable 
references to support their statements.

Scope

    1. What information/data should PHMSA take into consideration in 
the expansion of the application of safety devices beyond those 
designed to be used in transport vehicles? If a device can be used both 
in a transport vehicle and in other non-vehicle applications, should 
all transport of the devices be allowed to be classified under UN3268? 
What specific information/data supports your answers?
    2. Are there benefits or increased risks to considering the 
expansion of the applicability of safety devices beyond use in 
vehicles, vessels, or aircraft to enhance safety to persons?
    3. Compared to manned transport vehicles, should automated/unmanned 
transport vehicles (e.g., drones, etc.) be treated differently with 
respect to safety devices? If so, in what way?
    4. How should end use be considered in practical determination of 
classification or reclassification of devices or articles that have 
pyrotechnic substances or other hazardous materials?
    5. At what point does an article become a safety device? For 
example, micro-gas generators are essential parts of a seat-belt 
pretensioner, but by themselves they would only be a component of a 
safety device. Should components of safety devices be allowed to be 
classified as safety devices? Why?

Testing

    1. Is there a need for guidance on testing to determine appropriate 
classification as it pertains to safety devices? If so, what areas of 
the requirements should this guidance address?
    2. The current provisions in Sec.  172.102, Special Provision 160, 
require Test Series 6(c) of Part I of the UN Manual of Tests and 
Criteria. This testing reflects the long-standing provisions applicable 
to air bags, seat-belt pretensioners, and air bag modules based on 
significant experience with testing of these articles. If the ``UN3268, 
Safety device'' classification is applied to other types of articles, 
should those articles (those other than air bags, seat-belt 
pretensioners, and air bag modules) require completion of the UN Test 
series 6 tests (i.e., UN 6(a), UN 6(b), UN 6(c) and UN 6(d)) first as a 
Division 1.4S or should other testing be conducted? Would doing this 
allow for a more consistent reclassification to Class 9?
    3. The provisions of Sec.  173.166(b)(1)(iv) require articles other 
than air bags, seat-belt pretensioners, and air bag modules to be 
approved by the Associate Administrator. During the approval review, 
PHMSA may request additional testing beyond that specified in Special 
Provision 160 if considered necessary and appropriate to ensure a 
proper classification. What testing, outside of that already required 
by the HMR, would be appropriate for PHMSA to consider requiring under 
the terms of an approval to ensure the article classification properly 
reflects a Class 9 material?

Conditions for Transportation and Carriage Aboard Aircraft

    1. What additional risks might an operator incur when a safety 
device is classified as Class 9 for transportation by air if additional 
articles are approved as safety devices?
    2. What additional costs may a person incur when offering a safety 
device for transportation as a Division 1.4G article in contrast to a 
Class 9 article? What are the additional costs, if any, for storage 
incidental to transportation?
    3. What different best practices/procedures may be conducted by an 
air operator when loading/handling a Division 1.4S/1.4G article in 
contrast to a Class 9 article?
    4. Are additional costs incurred when offering a safety device for 
transportation as a Division 1.4S article in contrast to a Class 9 
article? Are there additional costs for storage incidental to 
transportation?
    5. Are the exceptions provided in Sec.  173.166(d)(1) for safety 
devices when installed in motor vehicles, vessel, aircraft, or other 
conveyances sufficient to cover all types of safety devices, regardless 
of size or function, or are they more technically appropriate for air 
bag

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inflators, air bag modules, and seat-belt pretensioners?

    Signed in Washington, DC, on June 4, 2020, under authority 
delegated in 49 CFR 1.97.
William S. Schoonover,
Associate Administrator of Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2020-12452 Filed 6-8-20; 8:45 am]
 BILLING CODE 4910-60-P


