RUAG Ammorech GmbH — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research anci Administration Special Programs DEC 23 2004 Dr. Bernd E. Niekisch RUAG Ammorech GmbH Ref No.: 04-0273 Kronacher StraBe 63 90765 Fuerth / Germany Dear Dr. Niekisch: This responds to your November 29, 2004 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if USG-05, a United States variation found in the International Air Transport Association (IATA) Dangerous Goods Regulations, requires "cartridges, small arms" manufactured outside of the United States to have an approval even if they are excepted from the approval process by § 173.56(h). You indicate that your materials are classed as "cartridges for weapons, inert projectile or cartridges, small arms, UN0012, 1.4S" and "cartridges for weapons, blank or cartridges, small arms, blank, UN0014, 1.4S." The IATA regulations do not have official standing under the HMR. The regulations recognized by the HMR and authorized in § 171.11 of the HMR as an alternative to compliance with the HMR are the International Civil Aviation Organization (ICAO) Technical Instructions for the Transport of Dangerous Goods. The IATA Dangerous Goods Regulations are very similar to the ICAO Technical Instructions. For example, the United States variation that you reference, is located in the "List of State Variations" found in 2.9.2 of the IATA Dangerous Goods Regulations; it is also found under "US - United States" variations in Attachment 3, Chapter 1 of the ICAO Technical Instructions. The 2005 / 2006 edition of the ICAO Technical Instructions and the 2005 edition of the IATA Dangerous Goods Regulations provide additional clarification regarding the approval of materials falling under § 173.56(h). The clarified regulations state that "cartridges, small arms" of the kind listed in § 173.56(h) do not require prior approval or an EX-number. This additional information does not constitute a change; it is a clarification of USG-05 intended to notify the international community that § 173.56(h) of the HMR applies to domestically or internationally manufactured "cartridges, small arms" that transit the United States. I hope this information is helpful. Please contact us if you require additional assistance. Mess Chief, Standards Development *.... "Taterials Standards 040273#

Page 2Supko FAX $173.56 Explosive Date 11/29/2004 To US Department of Transportation 04 - 0273 Research and Special Programs Administration Mrs. Carol Monroe Dept. Exemptions & Approvals 400 Seventh Street Transportation Specialist Washington, D.C. 20590, USA Fax-Nr. 001 202-366-3308 From Dr. Bernd E. Niekisch General Manager for Environmental & Safety / licence Departement administration (ST), Dangerous goods safety advisor Industrial Park Fürth- Stadeln Pages 5 DOT - CLASSIFICATION OF EXPLOSIVES for RUAG Ammotec GmbH Subject UN 0012 and UN 0014 Dear Mrs. Monroe, for our: Per § 173.56 (h) of the 49 CFR, we are hereby do not requesting acknowledgement from DOT PRODUCT DESIGNATION / PART NUMBER: CARTRIDGES FOR WEAPONS, INERT PROJECTILE or U.N. PROPER SHIPPING NAME AND CARTRIDGES, SMALL ARMS NUMBER UN 0012 U.N. CLASSIFICATION CODE: 1.4 S and PRODUCT DESIGNATION / PART NUMBER: CARTRIDGES FOR WEAPONS, BLANK CARTRIDGES, SMALL ARMS; BLANK U.N. PROPER SHIPPING NAME AND NUMBER UN 0014 U.N. CLASSIFICATION CODE: 1.4 S RUAG Ammotec GmbH 90765 Fürth Kronacher Str. 63 hone+ 49 911 7930-2 www.ruag.com Germany Tax No: 218/136/90060 JIN: DE813559845 Bernd.Niekisch@ruag.com ax + 49 911 7930-42#

Page 3• "Except as otherwise provided in US: regulations 49 CFR 172.320, each package containing The problem is, which stands in the IATA-DGR under chapter "Limitations" USG 05 written: for each article, substance or device to be contained in the package." an explosive article or substance must be marked with the EX number assigned in the approval In § 172.320 (e) you find: The requirements of this section do not apply to the following Class 1 fore are not subject to the approval process of § 173.56 of this subchapter. materials: (3) Those which meet the requirements of § 173.56 (h) of this subchapter and there- The requirements of this section do not apply to cartridges, small arms which are: In § 173.56 (h) you find: (1) Not a forbidden explosive under § 173.54 of this subchapter (3) Ammunition with inert projectile or blank ammunition; and (2) Ammunition for rifle, pistol or shotgun (4) Ammunition not exceeding 50 caliber for rifle or pistol cartridges or 8 gauge for shotgun shells sification code by 1.4S by the manufacturer. Cartridges, small arms, which meet the criteria of this paragraph (h) can be assigned by a clas- above regulations. Therefore we ask for a CERTIFICATE that we do not need an EX-Number for The employers of the dangerous goods handling on the airports, have a large problem to find to UN 0012 and UN 0014, 1.4 S. • USG 05 of IATA-DGR edition 2004 Please find in the appendix: • § 172.20 of 49 CFR, revised as of October 1, 2001 • § 173.56 (h) 49 CFR, revised as of October 1, 2001 RUAG Ammotec USA Inc. (Dynamit Nobel RWS Inc.) We are going to ship these parts most to the: 81 Ruckman Road CLOSTER, New Jersey 07624 USA Phone: 201-767-1995, FAX: 201-767-1589 Please send the CERTIFICATE to Dr. Bernd E. Niekisch RUAG Ammotec GmbH 90765 Fuerth / Germany Kronacher Straße 63 Fax: Phone:011 49 911 7930-261 011 49 911 7930-428 Thank you very much for your efforts. Yours sincerely, by order of RUAG Ammotec GmbH Brand I. Asieleisch Dr. Bernd E. Niekisch 2#