Kilgore Flares Company, LLC — Hazardous Materials Safety Interpretation

Page 1of Transportation J.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety NOV 30 2005 Mr. David W. Herbage Ref. No.: 05-0232 Marketing Manager Kilgore Flares Company, LLC 155 Kilgore Drive Toone. TN 38381 Dear Mr. Herbage: This is in response to your September 20, 2005 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if cartridges, small arms manufactured and classed by your company under the provisions of § 173.56(h), may be classed as Cartridges, small arms, 1.4S, UN 0012 for domestic and international transportation. The answer is yes. Cartridges, small arms meeting all the criteria of § 173.56(h) may be assigned a classification code of 1.4S by the manufacturer, for both domestic and international transportation without obtaining an approval from the Office of Hazardous Materials Special Permits and Approvals. You should know however that a country may choose not accept a classification assigned by another country or the manufacturer. In such cases, a country may require further examination and testing of Class 1 materials such as Cartridges, small arms, or a written concurrence from the Competent Authority. The Pipeline and Hazardous Materials Safety Administration will provide such concurrence upon request of the shipper, if needed. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Office of Hazardous Materials Standards 173156(4) 172.101 050232#

Page 2Leary $173.56 (h) Kilgore § 172.101 A Member of Chemring Group PLC Explosive 05-023: Kilgore Flares Company, LLC September 20, 2005 155 Kilgore Drive Tel 731 658-5231 Toone, Tennessee 38381 Fax 731 658-4173 Mr. Ed Mazzullo US Department of Transportation PHMSA/PHH-10 400 7* Street SW Washington, DC 20590 Dear Sir, Kilgore Flares Co., LLC and its Kilgore Ammunition Products (KAP) business unit is requesting a ruling on whether or not various KAP manufactured small caliber ammunition not exceeding 50 caliber (rifle and pistol calibers) or 8 gauge (shotgun calibers) is qualified to be shipped internationally under the provision of 49 CFR 173.56 (h) and 49 CFR 172.101 Hazardous Material Table (HM-215 g) dated January 1, 2005. 173.56 (h) Defined As you are aware, 49 CFR 173.56 (h) specifically states that the requirements of 173.56 do not apply to cartridges, small arms which are: (1) Not a forbidden explosive under 173.54 of the subchapter; (2) Ammunition for rifle, pistol, or shotgun; (4) Ammunition not exceeding 50 caliber for rifle and pistol cartridges or 8 gauge for (3) Ammunition with inert projectile and blank ammunition; and shotgun shells. Cartridges, small arms meeting the criteria of this paragraph (h) may be assigned a classification code of 1.4S by the manufacturer. 172.101 Defined As you are aware, 49 CFR 172.101 Hazardous Material Table (HM-215 g) - Effective Date January 1, 2005 lists Cartridges for weapons, inert projectile or]cartridge, small arms, 1.4S as having an ID Number (identification number) of UN 0012. Background KAP currently manufactures small caliber rifle and pistol ammunition not exceeding 50 caliber and shotgun shells not exceeding 8 gauge all using frangible (inert) projectiles that are qualified to be transported under the provision of 173.56 (h). KAP assigns a 1.4S classification ourselves. ID Number. This has been our practice to date but to date all shipments have been to We then package, mark and label accordingly including the addition of the specified UN 0012 destinations within the United States of America.#

Page 3KAP desires to sell and ship small caliber ammunition to foreign destinations (with appropriate export licenses) and needs to verify that the 1.4S classification and the ID Number UN 0012 are appropriate for export shipments. Requested Ruling Kilgore Flares Co., LLC including its KAP business unit requests that your office offer a ruling on whether or not ammunition not exceeding 50 caliber and shotgun shells not exceeding 8 gauge are authorized to be transported internationally under the provisions of 49 CFR 173.56 (h) and 49 CFR 172.101 Hazardous Material Table (HM-215 g) as Cartridges, small arms 1.4S; UN 0012. If you have any questions regarding the above request, please contact me. Best regards, David W. Herbage Marketing Manager, Ammo Phone: 731-228-5371 dherbage@kilgoreflares.com Mobile: 731-609-6366 Fax: 731-658-4173 Kilgore Flares Company, LLC. Kilgore Ammunition Products 155 Kilgore Drive Toone, TN 38381#