Remington Arms Company, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave.. S E. Washington. DC 20590 Mr. Gregory D. Kehril World Wide Transportation Manager Remington Arms Company, Inc. 870 Remington Drive P.O. Box 700 Madison, NC 27025 Ref. No.: 08-0287 Dear Mr. Kehril: This responds to your December 2, 2008, letter requesting clarification on the 9 175.75 quantity limitations in the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180) and United States (U.S.) Variation 13 in the International Civil Aviation Organization (ICAO) Technical Instructions regarding small arms cartridges shipped as Consumer Commodity, ORM-D materials. Specifically, you ask for verification that these ORM-D materials are not subject to the quantity limitations of 5 175.75 in the HMR or U.S. Variation 13 in the ICAO Technical Instructions. The answer is yes. Small arms cartridges shipped as ORM-D materials, as defined in 5 173.144, are not subject to the quantity limitations in 5 175.75 in the HMR or U.S. Variation 13 in the ICAO Technical Instructions. I hope this answers your inquiry. Sincerely, Charles E. Betts Standards Development ice of Hazardous Materials Standards#

Page 2December 2, 2008 Ms. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration (PHMSA) Attn. PHH-12 U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Subject: 49 CFR 175.75 -- US Variance 13 (ICAO) Dear Ms. Mitchell, We are experiencing problems with the airlines servicing the international market, as to their interpretation of United States variation US 13 appearing in the Technical Instructions of the International Civil Aviation Organization (ICAO). Specifically, the problem is the loading restrictions placed on the number of packages containing hazardous materials permitted aboard passenger and cargo aircraft only, as stipulated in US 13. The airlines fail to recognize that "Other Regulated Materials" are excepted from the limits imposed by this variance. Remington Arms is a shipper of cartridges, small arms, 1.4SI UN 0012 that meet the requirements of fjfj 172.316, 173.63 and 173.144. As such, this material is permitted to be reclassed and transported under the ORM-D hazard class. Our contention is that shipments of cartridges, small arms are not subject to the quantity liniitations of variance US 13 as paragraph (d) excepts "Other Regulated Materials". I n reviewing D.O.T. interpretation #05-0106, we note that you issued a ruling stating that ORM materials, as defined in fj 173.144, are permitted to be carried aboard aircraft without regard to the quantity limitations specified in Ej 175.75. We have informed the airlines as to the exception contained in Ej 175.75 and furnished them with a copy of your interpretation #05-0106. However, they will not accept these as proof that cartridges, small arms, classed as "Other Regulated Materials" are not subject to the any quantity limitations. Remington Arms Company, Inc. 870 Remington Drive P.O. Box 700 Madison, NC 27025 Phone 800-243-9700 www.remington.com#

Page 3December 2, 2008 Ms. Hattie L. Mitchell Page 2 For us to fix this problem they have requested that we obtain a statement from the D.O.T. attesting to the fact that cartridges, small arms, classed as an ORM-D material, are not subject to the quantity limitations specified in US 13 and therefore no quantity restrictions apply. We shall appreciate your issuing such a statement. Thank you for your assistance. Sincerely, Worldwide Transportation Manager Remington Arms Company, Inc. 870 Remington Drive P.O. Box 700 a Madison, NC 27025 Phone 800-243-9700 www.remington.com#