{"operation":"document","citation":"04-0004","title":"ATK Alliant Teclisystems — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-02-12","effective_on":null,"summary":"04-0004 response to ATK Alliant Teclisystems concerning 173.63.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0004","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040004.pdf","body":"<<<PAGE 1>>>\n\n=\nof Transportation\nU.S. Department\nResearch and\nFEB 12 2004\nVashington, D.C. 20591\n00 Seventh St., S.V\nAdministration\nSpecial Programs\nMr. Christopher J. Widman\nRef No.: 04-0004\nATK Explosive Transportation Specialist\nATK Alliant Techsystems\nTwin Cities Arsenal\nArden Hills, MN 55112\nDear Mr. Widman:\nThis is in response to your letter dated January 7, 2004, requesting clarification on the applicability of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to shipments of Cartridges for\nweapons, or Cartridges, small arms, 1.4S, UN0012, II, that have been reclassed and offered for\ntransportation as Cartridges, small arms, ORM-D.\nThe HMT entries for \"Cartridges for weapons,\" or \"Cartridges, small arms\" both reference § 173.63 in\ncolumn 8A for exceptions. Cartridges for weapons, or Cartridges, small arms, that have been classed\nas Division 1.4S explosives may be reclassed, offered for transportation, and transported as\n\"Consumer Commodity\" ORM-D material when packaged in accordance with § 173.63 (b)(2). In\naddition, the HMR makes no distinction for U.S. military shipments of ammunition sold to the Defense\nDepartment under the exception in § 173.63; the exception is based on the type and caliber of\nammunition, not use. Note that this exception is limited to ammunition for rifle, pistol, or shotgun;\nammunition with inert projectiles or blank ammunition; ammunition having no tear gas, incendiary, or\ndetonating explosive projectiles; ammunition not exceeding 12.7 mm for rifle or pistol cartridges or 8\ngauge for shotshells; and cartridges, power devices which are used to project fastening devices.\nReclassification of Cartridges for weapons, or Cartridges, small arms, as ORM-D is only authorized for\ndomestic transportation. Domestic transportation is defined as transportation between places within the\nUnited States; shipments to Puerto Rico are domestic shipments\nI hope this information is helpful. Please contact us if you require additional assistance\nSincerely,\nVise snof\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n173.63\n040004\n\n<<<PAGE 2>>>\n\nJAN-08-2004 09:21\nALLIANT TECHSYSTEMS\n3172.10\nRelertora\nP.02\n$173-56(h)\n7 January 2004\nExplosives\n04-0004\nATK\nALLIANT TECHSYSTEMS\nArden Hills MN 55112\nTwin Cities Arsenal\nFax (651) 639-3341\nTelephone (651) 639-3334\nMr. Ed Mazzullo\nUS Department of Transportation\nDHM-10\nOffice of Hazardous Materials Standards\n400 Seventh Street SW\nWashington DC 20590-0001\nDear Mr. Mazzullo\nAlliantTechsystems (ATK) is requesting a formal ruling on whether or not\nammunition manufactured for the military, 50 Caliber or less, may be re-classed\nor Cartridges, small arms, UN0012, 1.4S. ATK wishes to obtain a formal ruling\nas Other Regulated Material-Domestic (ORM-D) from Cartridges for weapons,\nthe ammunition meets all relative 49 CFR regulations.\non whether or not military ammunition is authorized to transport as ORM-D when\nATK manufactures both sporting goods ammunition and military ammunition.\nMuch of the ammunition is similar in design and energetic makeup. The only\ndifference being that the sporting ammunition is not sold directly to the military.\nAs such, ATK transports within the United States as ORM-D. I request to verify if\nsimilar ammunition manufactured solely for the military might also be transported\nas ORM-D. ATK needs your offices expertise to determine if ammunition\nqualified as ORM-D in design but shipped only to the military is qualified to\ntransport as ORM-D.\nThe 49CFR regulations that AT feels may be of assistance in reviewing are:\n§ 172.101 Cartridges for weapons, or Cartridges small arms, UN0012\n§ 173.56(h) Cartridges, small arms meeting the criteria of §173.56(h) may be\n§ 172.101 Cartridges, small arms, ORM-D\nassigned a classification code of 1.4S by the manufacturer.\narms\n§ 173.59 Description of terms for explosives, Definition of Cartridges, small\n§ 173.144 ORM Definitions\n\n<<<PAGE 3>>>\n\nJAN-08-2004 09:21\nALLIANT, TECHSYSTEMS\nP.03.....\nCurrent Method of Transport of Ammunition Sold Only to the Military\nAs stated earlier, ATK transports our sporting ammunition within the USA as\nORM-D. When transporting similar and in some cases identical ammunition to\nthe military, we do not allow this military ammunition to be transported as ORM-\nD. All military ammunition is transported as such:\nWe first determine if the ammunition to be shipped meets the criteria of\n1/3.56(h). If such is the case, we pack, mark, and label lAW the provisions of\nCartridge for weapons, or Cartridges small arms, 1.4S, UN0012. Basically, we\nteel we are within our legal right to classify the ammunition ourselves if we\ndetermine that the ammunition meets 173.56(h). ATK manufactures a significant\namount of military ammunition that meets §173.56(h). 49 CFR §173.56(h) states\nthat the provisions of § 173.56 (New Explosives) do not apply to cartridges, smati\narms when:\n(1) The ammunition is not a forbidden explosive\n(2) Ammunition for rifle, pistol, or shotgun\n(4) Ammunition not exceeding 50 caliber for rifle or pistol cartridges or 8\n(3) Ammunition with inert projectile and blank ammunition\ngauge for shotgun shells.\nGrey Area of Interpretation\nto transport within the USA as ORM-D. ATK requests you review the definition of\nFor ATK's sporting ammunition, the regulations seem quite clear as to our right\nthis definition applies to cartridges sporting only, or both sporting military are\nCartridges, small arms as stated in §173.59. ATK is unable to solidly determine if\nauthorizes as ORM-D.\nDefinition Cartridges, small arms - Ammunition consisting of a cartridge case\nfitted with a center or rim fire primer and containing both a propelling charge anc\nsolid projectile(s). They are designed to be fired in weapons of caliber not larger\nthen 19.1MM. Shotgun cartridges of any caliber are included in this description.\ncartridges listed under Cartridges for weapons, inert projectile.\nThe term excludes: Cartridges small arms, blank, and some military small arms\nAmmunition Driving This Request\nATK is currently manufacturing ammunition of 50 caliber. This .50 Cal\nconducted for or on behalf of the US Government.\n\n<<<PAGE 4>>>\n\nJAN-08-2004\n09:22\nALLIANT TECHSYSTEMS\nP.04\nSummary\nATK manufactures a significant variety of small caliber ammunition. A portion of\ncontent, ATK wishes to obtain a ruling on whether or not small caliber\nammunition being shipped to the military may be reclassed as ORM-D from\nCartridges for weapons inert projectile, Cartridges, small arms, UN0012\nRequested Ruling Date\nATK requests that your office make a ruling prior to the week of 1/26/04. We'll\naccept a verbal as usual, but a written ruling would be desired.\nIf you have any questions regarding the above request, please contact the\nundersigned at (651) 639-3334. Fax (651) 639-3341.\nSincerely,\nChristoph Widman\nATK Explosives Transportation Specialist\nChristopher J Widman\nTele 651 639 3334\nChristopher. Widman@ATK.COM\nTOTAL P.04","truncated":false,"body_characters":6979}