{"operation":"document","citation":"03-0197","title":"Olin Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-10-09","effective_on":null,"summary":"03-0197 response to Olin Corporation concerning 173.36.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0197.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0197.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0197","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030197.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Department\nof Transportatior\n400 Seventh St., S.W.\nspecial Program:\nResearch and\nOCT\n9 2003\nWashington, D.C. 20590\nAdministration\nMr. G. W. Kovarik\nTransportation Manager\nRef No. 03-0197\nOlin Corporation\nWinchester Ammunition Division\n427 North Shamrock Street\nEst Alton, IL 62024-1197\nDear Mr. Kovarik:\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of\nThis is in response to your July 31, 2003 letter, requesting clarification of the Hazardous\nexplosives. Specifically you request a definition for a rifle, and if a machine gun or submachine\ngun is considered a rifle. You ask if small arms ammunition that can be used for rifles, machine\nguns or submachine guns can be classified as 1.4S explosives. Finally, you ask if the\nclassification of small arms ammunition is dependent upon its ultimate use in rifles, machine\nguns or submachine guns.\nThe definition of a rifle, machine gun, or submachine gun is not found in the HMR. However, as\nfound in conventional resources such as Webster's Dictionary, a rifle is defined as a shoulder\nweapon with a rifled bore; a machine gun is defined as a gun for sustained rapid fire that uses\nammunition and is fired from the shoulder or hip.\nbullets; and a submachine gun is defined as a portable automatic firearm that uses pistol-type\nThe Research and Special Programs Administration regulates ammunition only, not weapons.\nWeapons are regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The\nut rather the definitions and criteria specified in $ 173.50 of the HMR. Ammunition for a rifl\nlassitication of explosives under the HMR is not based upon the potential use of the explosives\nor pistol that is less than 50 caliber may be classified by its manufacturer as 1.4S explosives\nprovided all the requirements of § 173.56 have been met.\nI hope this satisfies your inquiry.\nSincerely,\nSusan Gorsky\nSwas Any\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n173.36\n030197\n\n<<<PAGE 2>>>\n\nfoster\n5/73.56\nWINCHESTER®\nAMMUNITION\nJuly 31, 2003\nExplosive\nRSPA/Hazardous Material Safety\nU.S. Department of Transportation\n03-0197\n400 Seventh Street, SW\nWashington, D.C. 20590-0001\nOffice of Hazardous Material Standards\nAtto: Mr. Ed Mazzullo, Director\nDear Mr. Mazzullo:\nThe requirements of this section do not apply to cartridges, small arms which are:\nOlin Corporation Winchester Division manufactures small arms ammunition. 49 CFR 173.56(h) states,\"\n(1) Not a forbidden explosive under section 173.54 of this subchapter;\n(2) Ammunition for rifle, pistol, or shotgun;\n(4) Ammunition not exceeding 50 caliber for rifle or pistol cartridges or 8 gauge for shotgun shells.\n(3) Ammunition with inert projectile and blank ammunition; and\n1.4S by the manufacturer.\"\nCartridges, small arms meeting the criteria of this paragraph (h) may be assigned a classification code of\nOur question or request for clarification relates to the term rifle and what constitutes a rifle. Does a\nnachine or sub-machine gun classify as a rifle? Each fires small arms ammunition? The majority of ou\nammunition, is assigned by Olin as the manufacturer per this paragraph. These same cartridges can be usec\nmmunition is designed and used in pistol, rifle or shotguns. Classification code of 1.4S, for ner\nknow the intended use is for rifle and/or machine or sub-machine gun, instead of just rifle? We have\nin machine or sub- machine guns. Do we have to handle the classification of the cartridge differently if w\nexperienced classification of cartridges, under this scenario, assigned as 1.4C. Also, the procedure, if Olir\nannot use paragraph (h), is costly and time consuming for Olin and the USDOT\nmachine guns, into the U.S. under foreign competent authority with classification of 1.4S. These requests\nWe have been informed that foreign competitors bring the same products, for use in machine or sub-\nfor classification are approved as 1.4S by the USDOT. This allows the foreign competitors a monetary\nadvantage in commerce over Olin.\nWe do not feel public safety will be compromised with this ciarification and request a favorable response to\na review by your department. If you require additional information please advise at 618-258-2706 or fa:\nEast Aiton, IL 62024.\n518-258-2232, Our mailing address is Olin Corporation Winchester Division, 427 North Shamrock St.\nCordially,\nтам и Кыым\nTransportation Manager\nWINCHESTER DIVISION • OLIN CORPORATION • 427 NORTH SHAMROCK STREET • EAST ALTON, IL 62024-1197\nTELEPHONE: 618-258-2000 • WEB SITE: http://www.winchester.com","truncated":false,"body_characters":4592}