Sporting Arms & Ammunition Manufacturers Institute, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. SE Washington. D.C. 20590 JUN 16 2010 Mr. Rick Patterson Managing Director Sporting Anns & Ammunition Manufacturers Institute, Inc. Flintlock Ridge Office Center 11 Mile Hill Road Newtown, CT 06470-2359 Ref. No. 10-0099 Dear Mr. Patterson: This responds to your April 28, 20 I 0 request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-1S0). Specifically, you ask PHMSA to clarify that only shipments of Division 1.4 materials requiring placards are subject to security plans and that any load not requiring placards, whether or not it is permissively placarded, is not subject to the security plan requirements. You indicate that PHMSA's intent has been to require security plans for shipments requiring placarding under part 172, subpart F. However, in the recently published final rule, HM-232F, (75 FR 10974; March 9, 2010), the revised security plan applicability requirement states, "A quantity of a Division 1.4, 1.5, or 1.6 material requiring placarding in accordance with § 1 72.504( c)" (75 FR 10989). You are concerned that this reference to § 1 72.504( c), narrowed from the previous "subpart F", could be reversely interpreted to exclude other placarding exceptions, e.g., § 172.504(f)(6). It was our intent that the security plan requirements for Division lA, 1.5, and 1.6 explosives continue to apply as they did prior to publication of the HM-232F, final rule. In the preamble we say, "the security planning requirement will apply, as it does now, to all Division 104 explosives transported in quantities that require placarding under Subpart F of Part 172 of the HMR." (75 FR 10979). The reference to § I 72.504( c) in § 1 72.S00(b )(2) of the final rule is a drafting error. The error will be corrected in a future rulemaking. I hope this answers your inquiry. If you need additional assistance, please contact this Office. Sincer1ly, a4~ Charles E. Betts Chief, Standards Development Office of Hazardous Materials Standards#

Page 2® SPORTING A~/.lS AND AMMUNITION MAN!.JFACT!.JREtRS· INSTITUTE, INC. SINCE 1926 April 28, 2010 Edward Mazzullo Office of Hazal'dous Materials Standards Pipeline and Hazardous Materials Safety Administrati.on Attn: PHH-l 0 U.S. Depa11ment ofTl'anSp0l1ation East Building, 1200 New Jersey A Venue, SE Washington, DC 20590-0001 Rc: Request for Intel'pl'etation 011 Security Plan Aplllicability Dear Mr. MazzuHo: The Sporting Arms and Aimmmition M.anufactllrers' Institute (SAAMI) was created at the request of the US Government in 1926, Our mission was - and continues to be ~ creating standards for safety, reliability, and interchangeability offirea1111s, ammnnition, and components, Safety is the watchword of everything we do. We appreciate the opportunity to submit the foHowing request for interpretation. On March 9,2010, PHMSA published a finall'ule modifYing the applicability and components of security plans. Our concern is with those Division lAS products which relate to anununition which do not require plac.arding, Le.: UN 0012 Cartridges, small anns lAS PG II UN 0014 Cartridges, small arms, blank lAS PO II UN 0044 Primers, cap type lAS pon UN0376 Primers, tubular lAS PGn In this letter we are asking PHMSA to clarify that these products are not subject to security plan requriemenfs, as foHows. Regarding the intent of PHMSA's changes, we note the stateme.nt in themle's preamble: "It was not our intent to significantly expand upon current security planning requirements applicable to explosives. In the NPRM, we indicated that most Division 1.4 explosives do not pose a signifIcant transpol1ation security risk and limited security plan requirements to any quantity of a material identified as UN 0] 04, UN 0237, UN 0255, UN 0267, UN 0289, UN 0361, UN 0365 j UN 0366, UN 0440, UN 0441~ UN 0455, UN 0456, or UN 0500." - - -~------... •.. -~--. FLiNTLOCI< RIDGE OFFICE GENTER '. 11 MILE HILL ROAD' NEWTOWN, CT 06470-2359 • (203) 426-4358 • FAX (203) 426-3592#

Page 3PHMSA, Security Plan Applicability April 28; 2010 Page 2 of2 Therefore, the p1'Oducts of interest to SAAMI do not pose a significant transport security risk. With regard to these products, the previous security plan applicability was determined by placarding requirements as stated in 172.800(b)(7): 172.800(b)(7) A qualltityofhazardous material that requires placarding under the provisions of subpart F ofthis patt. We conclude from this that PHMSA's intent has been to trigger security plans for shipments requiring placarding, and not for shipments which don't require placarding, but are placarded voluntarily in accordance with the penllissive pJacarding rule ill 49 CFR 1'l2.502(e). The products classified as UN 0012,0014,0044 and 0376 do not require placarding in any quantity. This is because they do not require labeling in the 172.101 hazmat table, and are thereby excepted fi'om placarding by 172.504(f)(6), which states: (6) The EXPLOSIVE 1.4 placard is 11,Ot required for those Division 1.4 Compatibility Group S (l.4S) materials that 81'e not requh'ed to be labeled l.4S. As ofthe March 9th Federal Register, the revised security plan applicability requirement is stated as: (2) A quantity ofa Division 1.4) 1.5,01' 1.6 material requiring placarding in accordance with § 172.S04(c); We believe that PHMSA is here identifying that most Division 1.4 products do not require placarding for shipments Jess than 1,001 pounds, and thus are not subject to security plan requirements unless exceeding that level. We are concerned that this helpful pointer to the 1,001 pound placardingexception 172.504(0), nalTowed from the previous "subpalt F'" could be reveI'sely interpreted to exclude other placarding exceptions, e.g. 172.504(f)(6). . We ask that PHMSA please clarify that only shipments ofDivision 1.4 requiring placards trigger the security plan requirements, and that any load not requiring placards, whether or not it is permissively placarded, is not subject to the security plan requirements. Rick Patterson Managing Director#