western Kentucky University — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration JUL 27 2007 Mr. Christopher J. Widman Ref. No. 07-0044 5050 Lincoln Drive ATK Alliant Techsystems Edina, MN 55436-1097 Dear Mr. Widman: up letter requesting clarification of the requirements in the Hazardous Materials This is in response to your February 12, 2007 letter and your February 20, 2007 follow- Regulations (HMR; 49 CFR Parts 171-180) related to the classification of "Cartridges, power device, 1.4S, UN0323." Your questions are paraphrased and answered as follows: Q1. Is a manufacturer of a "Cartridges, power device" (used to project fastening devices) allowed to classify the device as meeting the definition of a Division 1.4S explosive without examination and DOT approval? No. A manufacturer is not allowed to classify a "Cartridges, power device (used to project fastening devices)" as meeting the definition of a Division 1.4S explosive without prior examination, classification, and approval in accordance with § 173.56. The examination (performed by a person or agency approved by DOT) and recommended classification assignment of a new explosive must be performed in accordance with the approval of a new explosive must submit a request, including a copy of the report of the tests and criteria prescribed in §§ 173.52, 173.57, and 173.58. The person requesting examination and assignment of a recommended classification (i.e., shipping description, division, and compatibility group) to the Associate Administrator, PHMSA. If the approval request meets the criteria in the HMR, the Associate Administrator will issue a written approval assigning an EX number to the new explosive. devices (which are used to project fastening devices) which have been classed as a Q2. Does the language in § 173.63(b), "cartridges, small arms, and cartridges power Division 1.4S explosive," refer to devices that have been examined and approved by A2. The "cartridges, power devices" in the referenced paragraph refers to those cartridges that have been examined and approved under the HMR (see AI). You should 173.56 173.63 (b) 070044 173.62#

Page 2be aware that only "cartridges, power devices (which are used to project fastening devices)" qualify for reclassification as "ORM-D." I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, / Chief, Standards Development Office of Hazardous Materials Standards#

Page 3: 12 February 2007 Packaging Exceptions ATK" 07-004 Edina MN 55436-1097 5050 Lincoln Drive Fax: (952) 351.3028 Telephone (952) 351.5506 Mr. Ed Mazzullo US Department of Transportation Office of Hazardous Materials Standards DHM-10 400 Seventh Street SW Washington DC 20590-0001 Dear Mr. Mazzullo Alliant Techsystems Inc. (ATK) is requesting a final ruling regarding a manufacturer /shipper's responsibility for transporting devices describes as: Proper Ship Name: UN Serial Number: UN0325 Cartridges, power device Hazard Category: 1.4S Specifically, is the manufacturers of cartridges power devices (which are used to Some in industry believe that a manufacturer is within their legal right to self hazard classify Cartridges power device, UN0325, 14S to items they believe appropriately fit this description without examination and approval by the DOT. this description of UN0325, and must obtain a US DOT Competent Authority Some believe that the manufacturer is not authorized to self classify items fitting prior to authorizing transport fastening devices) and believed to meet the United Nations description of Is a manufacturer of cartridges power devices (which are used to project Cartridges power device, UN0325, 14S 1) Required to obtain a Competent Authority from the DOT Approvals Branch prior to shipment? 2) Authorized to classify these devices without a DOT Competent Authority? 100/200 0 922/ 12: :E1 /00z/Z//20 198296#

Page 4: We are also submitting an excerpt from 49 CFR § 173.68 (b) which states in § 173.63 Packaging exceptions (b) (b) Cartridges, small arms, and cartridges power devices. to project fastening devices) which have been classed as a Division 1.4S (1) Cartridges, small arms, and cartridges power devices (which are used explosive may be re-classed, offered for transportation, and transported as ORM-D material when packaged in accordance with paragraph (b)(2) of this section. Division 1.4S" refer to a device that has been examined and approved by the 3) Does the part of 173.63 (b) that states "which have been classed as a DOT, or classified by the manufacturer? items classed as UN0325. Thank you for assisting in defining the intent of the regulations for transporting Telephone Number (952) 351.5506. My Fax Number is (952) 351-3028. If you have any questions regarding the above request, please contact me at Sincerely, Cinath 2. Wilma Christopher J Widman Christopher.Widman@ATK.COM Corporate DOT Haz Mat Transportation Specialist 800/800 0 922# 952351#

Page 5. From: C450_1305 9523515592 02/20/2007 12:54 #016 P. 002/003 3173.62. 20 February 2007 Packagi Eception ATK 07-0044 ALLIANT TECHSYSTEMS 5050 Lincoln Drive Telephone (952) 351.5506 Edina MN 55436-1097 Mr. Ed Mazzullo Fax: (952) 351.3028 US Department of Transportation Office of Hazardous Materials Standards 400 Seventh Street SW DHM-10 Washington DC 20590-0001 Dear Mr. Mazzullo Alliant Techsystems Inc. (ATK) is requesting to amend our letter of 12 February this incorrect UN Number may have caused your office. Request for Ruling for transporting devices describes as: ATK is requesting a final ruling regarding a manufacturer /shipper's responsibility UN Serial Number: Proper Ship Name: UN0323 Cartridges, power device Hazard Category: 1.4S devices (which are used to project fastening devices), UN0323 authorized to self Are manufacturers of devices that meet the definition of cartridges power hazard classify as such? Or, are the manufacturers of devices they believe are appropriately described as shipmen required to obtain a US DOT Competent Authority prior to authorizing hazard classify Cartridges power device, UN0323, 14S to Items that are Some in industry believe that a manufacturer is within their legal right to self assessed as appropriately fitting the description of UN0323 without examination#

Page 6• From: C450_1305 9523515592 02/20/2007 12:54 #016 P. 003/003 Some believe that the manufacturer is not authorized to self classify items authorizing transport. assessed as UN0323, and must obtain a US DOT Competent Authority prior to We are also submitting an excerpt from 49 CFR § 173.68 (b) which states in part. § 173.63 Packaging exceptions (b) (b) Cartridges, small arms, and cartridges power devices. (1) Cartridges, small arms, and cartridges power devices (which are used to project fastening devices) which have been classed as a Division 1.4S explosive may be re-classed, offered for transportation, and transported of this section. as ORM-D material when packaged in accordance with paragraph (b)(2) Does the part of §173.63 (b) that states "which have been classed as a DOT? Division 1.4S" refer to a device that has been examined and approved by the Or classified by the manufacturer? items classed as UN0323. Thank you for assisting in defining the intent of the regulations for transporting If you have any questions regarding the above request, please contact me at Telephone Number (952) 351.5506. My Fax Number is (952) 351-3028. Sincerely, Christophen f. Wilmen Christopher J Widman Christopher.Widman@ATK.COM Corporate DOT Haz Mat Transportation Specialist#

Page 7Derkinderer §173.63(6) 8 March 2007 ATK ALLIANT TECHSYSTEMS 07-0074 5050 Lincoln Drive Telephone (952) 351.5506 Edina MN 55436-1097 Mr. Spencer Watson Fax: (952) 351.3028 US Department of Transportation DHM-21 Office of Sciences 400 Seventh Street SW Washington DC 20590-0001 Dear Mr. Watson addendum to the ATK letter dated 20 February 2007 which asked for a ruling on Alliant Techsystems Inc. (ATK) is requesting your office to consider this letter an whether or not a manufacturer of devices believed to appropriately fit the proper ship name of cartridges power device, UN0323 may be classified by the manufacturer. cartridges power devices (frequently called powerloads in industry) we manufacture may On 8 March 2007, you contacted me by telephone and requested that we verify if the serve dual purpose. aliber nistol/rifle and a aun used to proiect fastenina devices? ou asked. "Can the powerloads vou manutacture be used in both a standard sma The answer is yes. All powerloads manufactured by ATK may be used in small caliber rifles or pistols and guns used to project fastening devices. ATK powerloads are in fact dual purpose. ATK realizes the following statement may not be applicable to the question of self from Cartridges Power device to Cartridges small arms UN0012. Although still classification. However, ATK is discussing the cost impacts of renaming of our products in the thousands. We are also investigating other cost impacts. tabulating, we estimate that the cost to remark and label all containers in inventory to be Please contact me if you have any additional questions Regards, Christopher f. Wilman Christopher J Widman Tele 952.351.5506 ATK Haz Mat Transportation Specialist Christopher. Widman@ATK.COM#