Olin Corporation — Hazardous Materials Safety Interpretation

Page 1J.S. Department of Transportatior 400 Seventh St., S.W. special Program: Research and OCT 9 2003 Washington, D.C. 20590 Administration Mr. G. W. Kovarik Transportation Manager Ref No. 03-0197 Olin Corporation Winchester Ammunition Division 427 North Shamrock Street Est Alton, IL 62024-1197 Dear Mr. Kovarik: Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of This is in response to your July 31, 2003 letter, requesting clarification of the Hazardous explosives. Specifically you request a definition for a rifle, and if a machine gun or submachine gun is considered a rifle. You ask if small arms ammunition that can be used for rifles, machine guns or submachine guns can be classified as 1.4S explosives. Finally, you ask if the classification of small arms ammunition is dependent upon its ultimate use in rifles, machine guns or submachine guns. The definition of a rifle, machine gun, or submachine gun is not found in the HMR. However, as found in conventional resources such as Webster's Dictionary, a rifle is defined as a shoulder weapon with a rifled bore; a machine gun is defined as a gun for sustained rapid fire that uses ammunition and is fired from the shoulder or hip. bullets; and a submachine gun is defined as a portable automatic firearm that uses pistol-type The Research and Special Programs Administration regulates ammunition only, not weapons. Weapons are regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The ut rather the definitions and criteria specified in $ 173.50 of the HMR. Ammunition for a rifl lassitication of explosives under the HMR is not based upon the potential use of the explosives or pistol that is less than 50 caliber may be classified by its manufacturer as 1.4S explosives provided all the requirements of § 173.56 have been met. I hope this satisfies your inquiry. Sincerely, Susan Gorsky Swas Any Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 173.36 030197#

Page 2foster 5/73.56 WINCHESTER® AMMUNITION July 31, 2003 Explosive RSPA/Hazardous Material Safety U.S. Department of Transportation 03-0197 400 Seventh Street, SW Washington, D.C. 20590-0001 Office of Hazardous Material Standards Atto: Mr. Ed Mazzullo, Director Dear Mr. Mazzullo: The requirements of this section do not apply to cartridges, small arms which are: Olin Corporation Winchester Division manufactures small arms ammunition. 49 CFR 173.56(h) states," (1) Not a forbidden explosive under section 173.54 of this subchapter; (2) Ammunition for rifle, pistol, or shotgun; (4) Ammunition not exceeding 50 caliber for rifle or pistol cartridges or 8 gauge for shotgun shells. (3) Ammunition with inert projectile and blank ammunition; and 1.4S by the manufacturer." Cartridges, small arms meeting the criteria of this paragraph (h) may be assigned a classification code of Our question or request for clarification relates to the term rifle and what constitutes a rifle. Does a nachine or sub-machine gun classify as a rifle? Each fires small arms ammunition? The majority of ou ammunition, is assigned by Olin as the manufacturer per this paragraph. These same cartridges can be usec mmunition is designed and used in pistol, rifle or shotguns. Classification code of 1.4S, for ner know the intended use is for rifle and/or machine or sub-machine gun, instead of just rifle? We have in machine or sub- machine guns. Do we have to handle the classification of the cartridge differently if w experienced classification of cartridges, under this scenario, assigned as 1.4C. Also, the procedure, if Olir annot use paragraph (h), is costly and time consuming for Olin and the USDOT machine guns, into the U.S. under foreign competent authority with classification of 1.4S. These requests We have been informed that foreign competitors bring the same products, for use in machine or sub- for classification are approved as 1.4S by the USDOT. This allows the foreign competitors a monetary advantage in commerce over Olin. We do not feel public safety will be compromised with this ciarification and request a favorable response to a review by your department. If you require additional information please advise at 618-258-2706 or fa: East Aiton, IL 62024. 518-258-2232, Our mailing address is Olin Corporation Winchester Division, 427 North Shamrock St. Cordially, там и Кыым Transportation Manager WINCHESTER DIVISION • OLIN CORPORATION • 427 NORTH SHAMROCK STREET • EAST ALTON, IL 62024-1197 TELEPHONE: 618-258-2000 • WEB SITE: http://www.winchester.com#