Swingless Golf Club — Hazardous Materials Safety Interpretation

Page 1J.S. Department of Transportatior Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration JUN 1 2006 President Mr. Jim DePorche Reference No. 05-0149 3539 Bradshaw Road, Suite B303 Swingless Golf Club Sacramento, CA 95827 Dear Mr. DePorche: This is in response to your letter, e-mails, and telephone conversations with a member of my staff asking if "Cartridges, power devices, 1.4S, UN 0323, PG II" may be transported on passenger-carrying aircraft under the Hazardous Materials Regulations (HMR; 49 this may have caused. CFR Parts 171-180). We apologize for the delay in responding and any inconvenience 1." Your letter describes this cartridge as a 27-caliber "center-fire power-tool loaded According to your letter, the cartridge is used in "The Swingless Golf Club: 9 Clubs in round." The manufacturer mounts 10 cartridges to a plastic strip, with 10 plastic strips (10C shots total), placed in an outer packaging such as a fiberboard hox. You state one package weighs approximately 4.2 ounces (0.12 kg), four packages weigh approximately 18 ounces (0.51 kg), and your customers typically transport two to four packages with them per trip. Under § 175.10(a)(5) of the HMR, small-arms ammunition transported by aircraft for passenger in his checked baggage and securely packed in fiber, wood, or metal boxes, or personal use is excepted from all other requirements when carried by a crew member or "Cartridges, power devices, 1.4S, UN 0323, PG II" are not considered to be small arms other ?ackagings specifically designed to carry small amounts of aminunition. ammunition for purposes of this exception. Therefore, your cartridges may not be transported by passenger aircraft in checked or carry-on baggage. For information about items that may be prohibited by the Transportation Security telephone at 1-866-289-9673 or by e-mail at "TSA-ContactCenter@dhs.gov". The TSA Administration (TSA), you should contact the TSA's Contact Center directly by is the agency responsible for security in all modes of transportation, including civil aviation, and has the authority to restrict passengers from carrying materials perceived as security threats. 175.10 (9)(5) 050149#

Page 2Therefore, TSA officials may confiscate materials they believe to be security risks even if the materials are properly prepared for transportation in conformance with the HMR. I hope this information is helpful. Sincerely, Hattie L. Mitchell, Chief Office of Hazardous Materials Standards Regulatory Review and Reinvention#

Page 3Someon Edmorson June 7, 2005 $115.10 (5) U.S. Department of Transportation Air Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Safety 05-0149 400 7th St., S.W. Washington, DC 20590 RE: Request for Letter of Interpretation Air Travel with Cartridges, Power Devices - UN0323 / 1.4 S 1 Dear Sir or Madam: My firm manufactures a device presently known as the Swingless Golf Club, which uses 27 caliber blanks that DOT describes as Cartridges, Power Devices - code UN0323 / 1.4 S 1. A video clip of the club can be found on the home page of our website www.swinglessgolf.com. to 25 kg per package per passenger aircraft is allowed. However an airline recently told me that Like DOT's website, the manufacturer's Material Safety Data Sheet says travel by air with up as relates to personal use amounts, "air-travel with blanks under 1.4S UN0014 can be accepted along with other ammunition in UN0012 and UN0014, but travel with blanks under UN0323 is forbidden". The airline said this is "per government mandates, not their policy" and cited DOT regulations 49CFR175.10(5) and IATA Dangerous Goods Regulations 2.3.2.2. To me, blanks are blanks, and have no projectile so why would some blanks be acceptable while others are not? The manufacturer mounts the blanks in plastic strips of 10. Including the brass, plastic strips, and the packaging, 100 shots weigh 4.2 ounces. A typical customer may travel with 2 to 4 packages of 100 shots, equaling perhaps 18 ounces. I understand that, ultimately, airlines may have stricter polices than DOT and that IATA is a separate entity. To avoid future ambiguity, I am requesting a Letter of Interpretation on DOT's position on air travel with UN0323 power cartridges. Is there a TSA department which issues restrictions where I should also write for an interpretation, or will TSA follow DOT's position? Very truly, - Ede Parche President 3539 Bradshaw Road, Suite B303 Sacramento CA 95827 Phone & Fax: (916) 638-2023 Cell: (916) 342-4433 E-Mail: jdp@swinglessgolf.com#