{"operation":"document","citation":"05-0149","title":"Swingless Golf Club — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-06-01","effective_on":null,"summary":"05-0149 response to Swingless Golf Club concerning 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0149.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0149.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0149","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050149.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Department\nof Transportatior\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministration\nJUN 1 2006\nPresident\nMr. Jim DePorche\nReference No. 05-0149\n3539 Bradshaw Road, Suite B303\nSwingless Golf Club\nSacramento, CA 95827\nDear Mr. DePorche:\nThis is in response to your letter, e-mails, and telephone conversations with a member of\nmy staff asking if \"Cartridges, power devices, 1.4S, UN 0323, PG II\" may be transported\non passenger-carrying aircraft under the Hazardous Materials Regulations (HMR; 49\nthis may have caused.\nCFR Parts 171-180). We apologize for the delay in responding and any inconvenience\n1.\" Your letter describes this cartridge as a 27-caliber \"center-fire power-tool loaded\nAccording to your letter, the cartridge is used in \"The Swingless Golf Club: 9 Clubs in\nround.\" The manufacturer mounts 10 cartridges to a plastic strip, with 10 plastic strips\n(10C shots total), placed in an outer packaging such as a fiberboard hox. You state one\npackage weighs approximately 4.2 ounces (0.12 kg), four packages weigh approximately\n18 ounces (0.51 kg), and your customers typically transport two to four packages with\nthem per trip.\nUnder § 175.10(a)(5) of the HMR, small-arms ammunition transported by aircraft for\npassenger in his checked baggage and securely packed in fiber, wood, or metal boxes, or\npersonal use is excepted from all other requirements when carried by a crew member or\n\"Cartridges, power devices, 1.4S, UN 0323, PG II\" are not considered to be small arms\nother ?ackagings specifically designed to carry small amounts of aminunition.\nammunition for purposes of this exception. Therefore, your cartridges may not be\ntransported by passenger aircraft in checked or carry-on baggage.\nFor information about items that may be prohibited by the Transportation Security\ntelephone at 1-866-289-9673 or by e-mail at \"TSA-ContactCenter@dhs.gov\". The TSA\nAdministration (TSA), you should contact the TSA's Contact Center directly by\nis the agency responsible for security in all modes of transportation, including civil\naviation, and has the authority to restrict passengers from carrying materials perceived as\nsecurity threats.\n175.10 (9)(5)\n050149\n\n<<<PAGE 2>>>\n\nTherefore, TSA officials may confiscate materials they believe to be security risks even if\nthe materials are properly prepared for transportation in conformance with the HMR.\nI hope this information is helpful.\nSincerely,\nHattie L. Mitchell, Chief\nOffice of Hazardous Materials Standards\nRegulatory Review and Reinvention\n\n<<<PAGE 3>>>\n\nSomeon\nEdmorson\nJune 7, 2005\n$115.10 (5)\nU.S. Department of Transportation\nAir\nPipeline and Hazardous Materials Safety Administration\nOffice of Hazardous Materials Safety\n05-0149\n400 7th St., S.W.\nWashington, DC 20590\nRE:\nRequest for Letter of Interpretation\nAir Travel with Cartridges, Power Devices - UN0323 / 1.4 S 1\nDear Sir or Madam:\nMy firm manufactures a device presently known as the Swingless Golf Club, which uses 27\ncaliber blanks that DOT describes as Cartridges, Power Devices - code UN0323 / 1.4 S 1. A\nvideo clip of the club can be found on the home page of our website www.swinglessgolf.com.\nto 25 kg per package per passenger aircraft is allowed. However an airline recently told me that\nLike DOT's website, the manufacturer's Material Safety Data Sheet says travel by air with up\nas relates to personal use amounts, \"air-travel with blanks under 1.4S UN0014 can be accepted\nalong with other ammunition in UN0012 and UN0014, but travel with blanks under UN0323 is\nforbidden\". The airline said this is \"per government mandates, not their policy\" and cited DOT\nregulations 49CFR175.10(5) and IATA Dangerous Goods Regulations 2.3.2.2.\nTo me, blanks are blanks, and have no projectile so why would some blanks be acceptable\nwhile others are not? The manufacturer mounts the blanks in plastic strips of 10. Including the\nbrass, plastic strips, and the packaging, 100 shots weigh 4.2 ounces. A typical customer may\ntravel with 2 to 4 packages of 100 shots, equaling perhaps 18 ounces.\nI understand that, ultimately, airlines may have stricter polices than DOT and that IATA is a\nseparate entity. To avoid future ambiguity, I am requesting a Letter of Interpretation on DOT's\nposition on air travel with UN0323 power cartridges. Is there a TSA department which issues\nrestrictions where I should also write for an interpretation, or will TSA follow DOT's position?\nVery truly,\n- Ede Parche\nPresident\n3539 Bradshaw Road, Suite B303 Sacramento CA 95827\nPhone & Fax: (916) 638-2023 Cell: (916) 342-4433 E-Mail: jdp@swinglessgolf.com","truncated":false,"body_characters":4625}