{"operation":"document","citation":"08-0179","title":"DeOrchis & Partners, LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-11-06","effective_on":null,"summary":"08-0179 response to DeOrchis & Partners, LLP concerning 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0179.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0179.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0179","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080179.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Richard L. Furman\nDeOrchis & Partners, LLP\n61 Broadway, Suite 2600\nNew York, New York 10006\nRef. No.: 08-01 79\nDear Mr. Furman:\nThis responds to your letter dated July 10, 2008, regarding the requirements in\n§ 173.56(h) for transportation of imported small arms ammunition under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1 - 180). Specifically, you ask if small\narms ammunition manufactured outside of the United States must be tested, classed, and\napproved even if it would otherwise be excepted from the approval process under\n§ 173.56(h).\nA person offering a new explosive for transportation must ensure that the explosive has\nbeen tested, classed, and approved in accordance with § 173.56 and assigned an EX-\nnumber by the Associate Administrator for Hazardous Materials Safety (See\n$ 173.56(b)). A new explosive that has received approval from a competent authority of\na foreign government under the provisions of $ 173.56(g) must receive an EX-number\nfrom the Associate Administrator for Hazardous Materials Safety for transportation in the\nUnited States.\nThe requirements of § 173.56 do not apply to cartridges, small arms that are:\n- Not a forbidden explosive under $ 173.54;\n- Ammunition for rifle, pistol, or shotgun;\n- Ammunition with inert projectile or blank ammunition; and\n- Ammunition not exceeding 50 calibers for rifle or pistol cztridges or 8 gauges for\nshotgun shells.\n\"Cartridges, small arms\" meeting these criteria may be assigned a classification code of\n1.4s by the manufacturer (See § 173.56(h)). The exception applies to domestically or\n\n<<<PAGE 2>>>\n\ninternationally manufactured \"Cartridges, small arms\" that transit the United States.\nHowever, this provision does not relieve a manufacturer outside of the United States from\nobtaining any necessary competent authority approvals from the country of origin, transit,\nor overflight when the ammunition is transported.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nSusan Gorsky 0\nActing Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nPage 1 of 2\nDrakeford, Carolyn <PHMSA>\n--* \" - ---\"\"--- -- -\"?- ---- ----.., ------ ~--. * \"* From: INFOCNTR <PHMSA>\nSent: Thursday, July 10, 2008 8:37 AM\nTo: Drakeford, Carolyn <PHMSA>\nSubject: FW: Request for Official Interpretation; Our Ref. 4417-001\n-*-\"-- - -\"a-\" * -\nFrom: Richard Furman [mailto:RFurman@marinelex.com]\nSent: Wednesday, July 09, 2008 10:40 AM\nTo: INFOCNTR <PHMSA>\nSubject: Request for Official Interpretation; Our Ref. 4417-001\nCompleted by Adam via telephone on 7/9/2008 at 4: 15pm.\nThis office filed an application for a packaging exemption pursuant to 49 C.F.R. § 173.56(h) with the DOT's\nHazardous Materials Safety Administration, for certain imported small arms ammunition. Review of the\napplication is pending.\nIn the course of discussing the application with the DOT's reviewing officer, he made statements regarding the\nscope and application of the foregoing regulation as to which we have doubts regarding their accuracy. If he is\ncorrect, then the pending application may be moot. If not, we would like to resolve the issues so as to move the\nprocess of reviewing the application along.\nWith the foregoing in mind, there are two (2) issues we would like to obtain definitive clarification on.\n1. It was stated by the DOT official the exemption provided for in 49 C.F.R. 9 173.56(h) is not\napplicable to imported goods and only applies to domestic goods. Notwithstanding the foregoing,\nit is our understanding and belief that this interpretation of the subject regulation is contrary to the\ncurrent, majority view within the DOT, and that, in fact, the exemption provided for by the\nregulation also applies to imported merchandise.\nIn view of the foregoing, it is respectfully requested that we be provided with a written Official\nInterpretation of 49 C.F.R. § 173.56(h) regarding whether or not the exemption provided by the\nregulation extends to both domestic and imported goods, or it is limited in its application solely to\ndomestic goods.\n2. The DOT official also stated that the exemption provided for in 49. C.F.R. § 173.56(h) is only\navailable to manufacturers.\nConsequently, we respectfully request an Official Interpretation of 49 C.F.R. § 173.56(h)\nregarding whether the exemption provided for by the regulation can only be applied for by\nmanufacturers, or whether the exemption is available to other parties as well as manufacturers.\nThank you in advance for your kind and prompt consideration of the foregoing. As noted above, we have a\npending application for a packaging exemption pursuant to the subject regulation and time, therefore, is of the\nessence.\nSincerely,\nDeOrchis & Partners, LLP\n61 Broadway, Suite 2600\nNew York, New York 10006\n(P) (212) 344-4700\n(F) (2 12) 422-5299","truncated":false,"body_characters":5001}