{"operation":"document","citation":"08-0300","title":"DeOrchis & Partners, LLP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-03-10","effective_on":null,"summary":"08-0300 response to DeOrchis & Partners, LLP concerning 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0300.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0300.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0300","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080300.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.: 08-0300\nDear Mr. Furman:\nThis responds to your letter dated December 5,2008, regarding our response to a previous\ninterpretation (Ref. No. 08-01 79) concerning requirements in the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171 -1 80) applicable to small arms ammunition.\nSpecifically, you ask if the exception in § 173.5601) applies solely to manufacturers, or\nwhether it also applies to others, such as wholesalers, importers, or dealers in small arms\nammunition.\nThe requirements in 5 173.56 address the process of producing and approving a new\nexplosive. A \"new\" explosive means an explosive produced by a person who: (1) has not\npreviously produced that explosive; or (2) has previously produced that explosive but has\nmade a change in the formulation, design, or process so as to alter any of the properties of the\nexplosive (see 3 173.56(a)). Paragraph (b) of this section authorizes qualified individuals to\nexamine and assign a recommended shipping name, division, and compatibility group for\nnew explosives. An explosive will not be considered a new explosive if an agency listed in\nparagraph (b) of this section has determined and confirmed in writing to the Associate\nAdministrator that there are no significant differences in hazard characteristics from the\nexplosive previously approved.\nAs stated in the previous interpretation, Ref. No. 08-01 79, the \"requirements of 5 173.56 do\nnot apply to cartridges, small anns\" when shipped in accordance with pzragraph (h) of this\nsection. In other words, the approval process prescribed in 51 73.56 does not apply to small\narms ammunition; thus, producers or manufacturers, or wholesalers, importers, or dealers in\nsmall arms ammunition may take advantage of the exception. As previously stated in Ref.\nNo. 08-01 79, the exception does not relieve \"manufacturers\" outside of the United States\n\n<<<PAGE 2>>>\n\nfrom obtaining any necessary competent authority approval from the country of origin,\ntransit, or over flight when the ammunition is transported.\nI hope this information is helpful. If we can be of further assistance, please contact us.\n\n<<<PAGE 3>>>\n\nChn<CARROLLMCNULTYKULL LLC\nCOUNSELLORS AT LAW\n570 Lexington Avenue\n212.252.0004 PHONE\n, 212.252.0444 FAX\nEX^ 1051 ve\n0 8-Oaos\n120 Mountain View Boulevard\nPost Office Box 650\nBasking Ridge, NJ 07920\n908.848.6300 PHONE\n908.848.6310 FAX\nDecember 5,2008\nRichard L. Furrnan\nrfurrnan@cmk.com\nVia Mail and Email: infocntr@dot.gov\nMs. Susan Gorsky\nActing Chief, Standards Development\nOffice of Hazardous Materials Standards\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nRe: Century International Arms\nRequest for Definitive Clarification\nYour Reference No.: 08-01 79\nOur File: 972-1\nDear Ms. Gorsky:\nWe are writing in response to your reply of November 6, 2008, to our email request,\ndated July 9, 2008, for a definitive clarification regarding the requirements of 49 C.F.R. 5\n173.56(h) of the Regulations of the United States Department of Transportation (the\n\"Regulations\").\nWe apologize for the delay ir, responding, bgt the undersigned recently relocated to a new\nfirm and we trust you can imagine how distracting and disruptive such a move can prove. Thank\nyou for your understanding in this regard.\nThank you for your response to our inquiry. We appreciate the effort made to clarify and\nexplain the application of the subject regulation. However, in one respect the letter may not have\nfully responded to our inquiry.\nMore specifically, we had posed two questions in our request of July 9. The first,\nregarding whether the exception in the regulation as to small arms cartridges applies to both\ndomestically and internationally manufactured cartridges. Your response to this query is fully\nand clearly set forth in your reply letter.\n\n<<<PAGE 4>>>\n\nC~~<CARROLLMCNULTYKULL LLc\nCOUNSELLORS AT LAW\nMs. Susan Gorsky\nPage 2\nDecember 5,2008\nWe also asked whether the exemption applies solely to manufacturers or whether it is\navailable to others, such as, for example, wholesalers, importers or dealers in small arms\nammunition. If this inquiry was addressed in your letter, we respectfully submit it was not as\nclearly set forth as the reply to the first question referenced above.\nTherefore, we would very much appreciate your briefly revisiting this matter and\nclarifying whether the exemption for small arms cartridges provided for under 49 C.F.R. $\n173.56(h) applies equally to manufacturers as well as others engaged in dealing with and\ntransporting small arms cartridges. In the interest of full, good faith disclosure, it is our opinion\nthat the regulation should apply across the board and not be limited solely to manufacturers.\nThank you in advance for your prompt reply to the forgoing.\nKindest regards.\nS:\\C\\972-l\\Century International - DOT Permit\\correspondence\\Gorsky, Susan 120508.rlf.doc","truncated":false,"body_characters":5172}