[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69927-69928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28238]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2012-0280; Notice No. 12-11]
Safety Advisory Notice: Safety Advisory for Shippers and Carriers
of Air Bags
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Safety Advisory Notice.
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SUMMARY: PHMSA has been alerted by the National Highway Traffic Safety
Administration (NHTSA) that counterfeit air bags have been sold as
replacement parts to consumers and repair professionals. These
counterfeit products may contain unapproved explosives and thus pose
additional transportation risks when compared to air bags manufactured
through legitimate means. Therefore, PHMSA is issuing this Safety
Advisory Notice to (1) notify shippers and carriers of problems
involving counterfeit air bags; (2) provide guidance on the proper
classification of air bags; (3) specify provisions applicable to
devices containing unapproved explosives; and (4) provide the next
steps that PHMSA will take to address this problem. Consumers or repair
professionals who suspect they have a counterfeit air bag should
contact a call center established by their auto manufacturer. A list of
these call centers and other additional information, including the list
of vehicles that may contain counterfeit air bags, can be found at
www.SaferCar.gov.
FOR FURTHER INFORMATION CONTACT: Field Operations Division, Office of
Hazardous Materials Safety, (202) 366-
[[Page 69928]]
4700, 1200 New Jersey Avenue SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
I. Background
PHMSA was recently advised by NHTSA that consumers and repair
professionals may face a potential safety risk involving the sale of
counterfeit air bags for use as replacement parts. Some of these
devices look nearly identical to legitimate products, including the
branding of certain major automakers. While NHTSA is not aware of any
fatalities or injuries that have resulted from counterfeit equipment,
their testing has shown malfunctioning ranging from non-deployment of
the air bag to the expulsion of metal shrapnel during deployment. NHTSA
estimates this problem affects a minute percent of vehicles in the U.S.
vehicle fleet. NHTSA described the risk in a press release as ``only
vehicles which have had an air bag replaced within the past three years
by a repair shop that is not part of a new car dealership may be at
risk.'' NHTSA's press release is available at the following URL: http://www.nhtsa.gov/About+NHTSA/Press+Releases/2012/Safety+Advisory:+NHTSA+Alerting+Consumers+to+Dangers+of+Counterfeit+Air+Bags.
II. Current Regulatory Requirements
Many air bags incorporate a pyrotechnic device, known as an
initiator or electric match, consisting of an electrical conductor
cocooned in combustible material. A current pulse heats up the
conductor, which in turn ignites the combustible material and the
reaction causes gases that fill the air bag. Air bags that deploy a
pyrotechnic device meet the definition of an explosive for which PHMSA
has regulatory authority. These air bags must be approved by PHMSA
before the air bag is authorized for transportation in commerce. An air
bag without an approval, including a counterfeit air bag, is considered
a forbidden explosive as specified in Sec. 173.54(a) of the Hazardous
Materials Regulations (HMR; 49 CFR parts 171-180) and may not be
offered for transportation or transported in commerce.
The classification and packing group requirements contained in the
HMR provide for the safe transportation of properly manufactured and
approved air bag products. In addition to classification by the
shipper, each air bag is required to acquire approval by the Associate
Administrator for Hazardous Materials Safety (Sec. 173.166(b)). This
approval is a mechanism of ensuring that these products, which contain
pyrotechnic initiators, meet the appropriate safety standards.
An approved airbag may be shipped under the description ``UN3268,
Air bag inflators, or Air bag modules, or Seat-belt pretensioners, 9,
PGIII.'' The air bag must be in rigid, outer packaging that meets the
general packaging requirements of part 173, packaging specification
requirements of part 178, and is designed and constructed to prevent
movement of the articles and inadvertent operation. Authorized
packagings are as follows: 1A2, 1B2, 1G or 1H2 drums; 3A2 or 3H2
jerricans; and 4C1, 4C2, 4D, 4F, 4G or 4H2 boxes. Shipments of Class 9
air bags are required to display a Class 9 label, according to Sec.
173.166(f). In addition, as stated in Sec. 173.166(c), when offered
for transportation, shipping papers accompanying an air bag must
contain the EX number or product code for each approved device.
III. PHMSA Guidance for Unapproved Explosives
PHMSA recognizes the increased transportation hazards presented by
the shipping of suspected counterfeit devices and potentially
unapproved explosives. Suspected counterfeit air bags are subject to
approval by the Associate Administrator for Hazardous Materials Safety
as explosive devices, using the classification criteria in Sec.
173.56. In accordance with Sec. 173.54(a) a forbidden explosive is an
explosive that has not been approved as specified in Sec. 173.56.
Therefore, per Sec. 173.21(b), the offering for transportation or
transportation of an unapproved explosive is forbidden by the HMR.
Information regarding training as well as guidance documents
regarding the requirements of the HMR can be found on PHMSA's Hazardous
Materials Safety Web site at http://www.phmsa.dot.gov/hazmat. The HMR
are also accessible through our Web site, and answers to specific
questions regarding the HMR may be obtained from the Hazardous
Materials Information Center at 1-800-467-4922 (in Washington, DC, call
202-366-4488).
IV. Next Steps
PHMSA and NHTSA are continuing to work with our partners at the
U.S. Customs and Border Protection's Commercial Targeting and Analysis
Center to identify and target potential manufacturers and importers of
these unapproved devices in order to prevent the entry of unsafe
products into the U.S. PHMSA continues to work with the regulated
community to assess and monitor concerns related to the reverse
logistics of these devices. In an effort to further the investigation
on the sale of counterfeit air bags, if a shipper or carrier believes
they are in possession of an unapproved device, please contact the
Hazardous Materials Information Center at 1-800-467-4922 (in
Washington, DC, call 202-366-4488).
Issued in Washington, DC, on November 14, 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. 2012-28238 Filed 11-20-12; 8:45 am]
BILLING CODE 4910-60-P