ATK Alliant Teclisystems — Hazardous Materials Safety Interpretation

Page 1= of Transportation U.S. Department Research and FEB 12 2004 Vashington, D.C. 20591 00 Seventh St., S.V Administration Special Programs Mr. Christopher J. Widman Ref No.: 04-0004 ATK Explosive Transportation Specialist ATK Alliant Techsystems Twin Cities Arsenal Arden Hills, MN 55112 Dear Mr. Widman: This is in response to your letter dated January 7, 2004, requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to shipments of Cartridges for weapons, or Cartridges, small arms, 1.4S, UN0012, II, that have been reclassed and offered for transportation as Cartridges, small arms, ORM-D. The HMT entries for "Cartridges for weapons," or "Cartridges, small arms" both reference § 173.63 in column 8A for exceptions. Cartridges for weapons, or Cartridges, small arms, that have been classed as Division 1.4S explosives may be reclassed, offered for transportation, and transported as "Consumer Commodity" ORM-D material when packaged in accordance with § 173.63 (b)(2). In addition, the HMR makes no distinction for U.S. military shipments of ammunition sold to the Defense Department under the exception in § 173.63; the exception is based on the type and caliber of ammunition, not use. Note that this exception is limited to ammunition for rifle, pistol, or shotgun; ammunition with inert projectiles or blank ammunition; ammunition having no tear gas, incendiary, or detonating explosive projectiles; ammunition not exceeding 12.7 mm for rifle or pistol cartridges or 8 gauge for shotshells; and cartridges, power devices which are used to project fastening devices. Reclassification of Cartridges for weapons, or Cartridges, small arms, as ORM-D is only authorized for domestic transportation. Domestic transportation is defined as transportation between places within the United States; shipments to Puerto Rico are domestic shipments I hope this information is helpful. Please contact us if you require additional assistance Sincerely, Vise snof Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 173.63 040004#

Page 2JAN-08-2004 09:21 ALLIANT TECHSYSTEMS 3172.10 Relertora P.02 $173-56(h) 7 January 2004 Explosives 04-0004 ATK ALLIANT TECHSYSTEMS Arden Hills MN 55112 Twin Cities Arsenal Fax (651) 639-3341 Telephone (651) 639-3334 Mr. Ed Mazzullo US Department of Transportation DHM-10 Office of Hazardous Materials Standards 400 Seventh Street SW Washington DC 20590-0001 Dear Mr. Mazzullo AlliantTechsystems (ATK) is requesting a formal ruling on whether or not ammunition manufactured for the military, 50 Caliber or less, may be re-classed or Cartridges, small arms, UN0012, 1.4S. ATK wishes to obtain a formal ruling as Other Regulated Material-Domestic (ORM-D) from Cartridges for weapons, the ammunition meets all relative 49 CFR regulations. on whether or not military ammunition is authorized to transport as ORM-D when ATK manufactures both sporting goods ammunition and military ammunition. Much of the ammunition is similar in design and energetic makeup. The only difference being that the sporting ammunition is not sold directly to the military. As such, ATK transports within the United States as ORM-D. I request to verify if similar ammunition manufactured solely for the military might also be transported as ORM-D. ATK needs your offices expertise to determine if ammunition qualified as ORM-D in design but shipped only to the military is qualified to transport as ORM-D. The 49CFR regulations that AT feels may be of assistance in reviewing are: § 172.101 Cartridges for weapons, or Cartridges small arms, UN0012 § 173.56(h) Cartridges, small arms meeting the criteria of §173.56(h) may be § 172.101 Cartridges, small arms, ORM-D assigned a classification code of 1.4S by the manufacturer. arms § 173.59 Description of terms for explosives, Definition of Cartridges, small § 173.144 ORM Definitions#

Page 3JAN-08-2004 09:21 ALLIANT, TECHSYSTEMS P.03..... Current Method of Transport of Ammunition Sold Only to the Military As stated earlier, ATK transports our sporting ammunition within the USA as ORM-D. When transporting similar and in some cases identical ammunition to the military, we do not allow this military ammunition to be transported as ORM- D. All military ammunition is transported as such: We first determine if the ammunition to be shipped meets the criteria of 1/3.56(h). If such is the case, we pack, mark, and label lAW the provisions of Cartridge for weapons, or Cartridges small arms, 1.4S, UN0012. Basically, we teel we are within our legal right to classify the ammunition ourselves if we determine that the ammunition meets 173.56(h). ATK manufactures a significant amount of military ammunition that meets §173.56(h). 49 CFR §173.56(h) states that the provisions of § 173.56 (New Explosives) do not apply to cartridges, smati arms when: (1) The ammunition is not a forbidden explosive (2) Ammunition for rifle, pistol, or shotgun (4) Ammunition not exceeding 50 caliber for rifle or pistol cartridges or 8 (3) Ammunition with inert projectile and blank ammunition gauge for shotgun shells. Grey Area of Interpretation to transport within the USA as ORM-D. ATK requests you review the definition of For ATK's sporting ammunition, the regulations seem quite clear as to our right this definition applies to cartridges sporting only, or both sporting military are Cartridges, small arms as stated in §173.59. ATK is unable to solidly determine if authorizes as ORM-D. Definition Cartridges, small arms - Ammunition consisting of a cartridge case fitted with a center or rim fire primer and containing both a propelling charge anc solid projectile(s). They are designed to be fired in weapons of caliber not larger then 19.1MM. Shotgun cartridges of any caliber are included in this description. cartridges listed under Cartridges for weapons, inert projectile. The term excludes: Cartridges small arms, blank, and some military small arms Ammunition Driving This Request ATK is currently manufacturing ammunition of 50 caliber. This .50 Cal conducted for or on behalf of the US Government.#

Page 4JAN-08-2004 09:22 ALLIANT TECHSYSTEMS P.04 Summary ATK manufactures a significant variety of small caliber ammunition. A portion of content, ATK wishes to obtain a ruling on whether or not small caliber ammunition being shipped to the military may be reclassed as ORM-D from Cartridges for weapons inert projectile, Cartridges, small arms, UN0012 Requested Ruling Date ATK requests that your office make a ruling prior to the week of 1/26/04. We'll accept a verbal as usual, but a written ruling would be desired. If you have any questions regarding the above request, please contact the undersigned at (651) 639-3334. Fax (651) 639-3341. Sincerely, Christoph Widman ATK Explosives Transportation Specialist Christopher J Widman Tele 651 639 3334 Christopher. Widman@ATK.COM TOTAL P.04#