Re: ATF regulations.

At 06:58 PM 10/12/2004, David Weinshenker wrote:
>One would think that an airbag actuator would fall within the definition
>of a "propellent actuated device" ("specialized mechanical device or gas
>generator system that releases or directs work by means of a propellant
>charge"), and as such would be exempt from 27 CFR part 555 "Commerce in
>Explosives" by the action of the exemption at 27 CFR 555.141(a)(8): given
>the existence of that regulatory language (which was unchanged, except for
>a section renumbering, by the "safe explosives act"), I'd say there would
>be a formidable "reasonable doubt" barrier between the American motoring
>public and any legally-sustainable charge of "Using Unlicensed Explosives"!

Yes, I don't think anyone would get arrested and convicted for this, at 
least not by itself.  But, the code is there.  Of course, since they added 
charcoal briquets to the charges against that guy back East, I guess if 
they really want you they'd add your airbag to the list (of course it would 
be listed as an "unlicensed propellent actuated device" or some such).

For reference:

Orange Book, page 57, question 27

"27.  How are airbags regulated by AFT?
Unless the product has been classified by AFT as a special explosive device 
and exempted from regulation under 27 CFR 55.32, an airbag device 
containing explosive initiators, igniters, or inflators is subject to 
regulation as containing explosive materials, i.e., low explosives, and 
must comply with all applicable requirements under 27 CFR Part 55."


My ATF contact says that airbags have NOT be classified as a special 
explosive device so are not exempt.  She is NOT interested in arresting 
anyone for having an airbag in their car, but if you had several initiators 
in your house, she'd consider it.


----------
Jerry Durand
Durand Interstellar, Inc.
219 Oak Wood Way
Los Gatos, California 95032-2523  USA
tel:  +1 408 356-3886
fax:  +1 408 356-4659
web:  www.interstellar.com
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