# DeOrchis & Partners, LLP — Hazardous Materials Safety Interpretation

- **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:** Not available
- **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:**

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U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, D.C. 20590
Mr. Richard L. Furman
DeOrchis & Partners, LLP
61 Broadway, Suite 2600
New York, New York 10006
Ref. No.: 08-0300
Dear Mr. Furman:
This responds to your letter dated December 5,2008, regarding our response to a previous
interpretation (Ref. No. 08-01 79) concerning requirements in the Hazardous Materials
Regulations (HMR; 49 CFR Parts 171 -1 80) applicable to small arms ammunition.
Specifically, you ask if the exception in § 173.5601) applies solely to manufacturers, or
whether it also applies to others, such as wholesalers, importers, or dealers in small arms
ammunition.
The requirements in 5 173.56 address the process of producing and approving a new
explosive. A "new" explosive means an explosive produced by a person who: (1) has not
previously produced that explosive; or (2) has previously produced that explosive but has
made a change in the formulation, design, or process so as to alter any of the properties of the
explosive (see 3 173.56(a)). Paragraph (b) of this section authorizes qualified individuals to
examine and assign a recommended shipping name, division, and compatibility group for
new explosives. An explosive will not be considered a new explosive if an agency listed in
paragraph (b) of this section has determined and confirmed in writing to the Associate
Administrator that there are no significant differences in hazard characteristics from the
explosive previously approved.
As stated in the previous interpretation, Ref. No. 08-01 79, the "requirements of 5 173.56 do
not apply to cartridges, small anns" when shipped in accordance with pzragraph (h) of this
section. In other words, the approval process prescribed in 51 73.56 does not apply to small
arms ammunition; thus, producers or manufacturers, or wholesalers, importers, or dealers in
small arms ammunition may take advantage of the exception. As previously stated in Ref.
No. 08-01 79, the exception does not relieve "manufacturers" outside of the United States

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from obtaining any necessary competent authority approval from the country of origin,
transit, or over flight when the ammunition is transported.
I hope this information is helpful. If we can be of further assistance, please contact us.

<<<PAGE 3>>>

Chn<CARROLLMCNULTYKULL LLC
COUNSELLORS AT LAW
570 Lexington Avenue
212.252.0004 PHONE
, 212.252.0444 FAX
EX^ 1051 ve
0 8-Oaos
120 Mountain View Boulevard
Post Office Box 650
Basking Ridge, NJ 07920
908.848.6300 PHONE
908.848.6310 FAX
December 5,2008
Richard L. Furrnan
rfurrnan@cmk.com
Via Mail and Email: infocntr@dot.gov
Ms. Susan Gorsky
Acting Chief, Standards Development
Office of Hazardous Materials Standards
U.S. Department of Transportation
Pipeline and Hazardous Materials Safety Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Re: Century International Arms
Request for Definitive Clarification
Your Reference No.: 08-01 79
Our File: 972-1
Dear Ms. Gorsky:
We are writing in response to your reply of November 6, 2008, to our email request,
dated July 9, 2008, for a definitive clarification regarding the requirements of 49 C.F.R. 5
173.56(h) of the Regulations of the United States Department of Transportation (the
"Regulations").
We apologize for the delay ir, responding, bgt the undersigned recently relocated to a new
firm and we trust you can imagine how distracting and disruptive such a move can prove. Thank
you for your understanding in this regard.
Thank you for your response to our inquiry. We appreciate the effort made to clarify and
explain the application of the subject regulation. However, in one respect the letter may not have
fully responded to our inquiry.
More specifically, we had posed two questions in our request of July 9. The first,
regarding whether the exception in the regulation as to small arms cartridges applies to both
domestically and internationally manufactured cartridges. Your response to this query is fully
and clearly set forth in your reply letter.

<<<PAGE 4>>>

C~~<CARROLLMCNULTYKULL LLc
COUNSELLORS AT LAW
Ms. Susan Gorsky
Page 2
December 5,2008
We also asked whether the exemption applies solely to manufacturers or whether it is
available to others, such as, for example, wholesalers, importers or dealers in small arms
ammunition. If this inquiry was addressed in your letter, we respectfully submit it was not as
clearly set forth as the reply to the first question referenced above.
Therefore, we would very much appreciate your briefly revisiting this matter and
clarifying whether the exemption for small arms cartridges provided for under 49 C.F.R. $
173.56(h) applies equally to manufacturers as well as others engaged in dealing with and
transporting small arms cartridges. In the interest of full, good faith disclosure, it is our opinion
that the regulation should apply across the board and not be limited solely to manufacturers.
Thank you in advance for your prompt reply to the forgoing.
Kindest regards.
S:\C\972-l\Century International - DOT Permit\correspondence\Gorsky, Susan 120508.rlf.doc
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