DeOrchis & Partners, LLP — Hazardous Materials Safety Interpretation

Page 1U.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#

Page 2from 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 3Chn<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 4C~~<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#