{"operation":"document","citation":"12-0041","title":"ATK Corporate Transportation Compliance — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-06-21","effective_on":null,"summary":"12-0041 response to ATK Corporate Transportation Compliance concerning 173.63.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0041.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0041.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0041","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120041.pdf","body":"<<<PAGE 1>>>\n\nt.:.s. Department\nJt Transportation\n?ipeline and Hazardous\n''Jlaterials Safety\n~dministration\n, .:oo New Jersey Avenue. SE\n··.'!ashinqton, D.C. 20590\nMr. Patrick Watson, CHMM\nA TK Corporate Transportation Compliance\n7480 Flying Cloud Drive\nMinneapolis, MN 55344-3720\nRef. No.: 12-00041\nDear Mr. Watson:\nThis is in response to your January 30, 2012 email requesting clarification of the Hazardous\nMaterials Regulations ( HMR; 49 CFR Parts 171-180) with respect to the transportation of\nsmall arms ammunition and primers that have been classified as Division 1.4S, as provided\nin § 173.56(h). Specifically, you ask if sales samples of Division l.4S small arms\nammunition and primers may be transported as Materials of Trade (MOTs) per§ 173.6 after\nDecember 31, 2013, when the Consumer Commodity, ORM-D designation will no longer be\nin effect.\nAs you state in your email, on January 19, 20 ll, PHMSA published a final rule (HM-215K;\n76 FR 3308), which amended the HMR to maintain alignment with international standards.\nThese amendments included the elimination of the ORM-D classification. Currently, the\nMOTs exception specified in § 173.6 has not been revised to extend relief to limited\nquantity shipments. It is your understanding that, due to the elimination of the ORM-D\nclassification, Division 1.4S small arms ammunition and primers that have been classified as\nlimited quantities in accordance with§ 173.63(b) are not eligible for the MOTs exception.\nYour understanding is correct, as the MOTs exception has not been revised to extend relief\nto limited quantity shipments of Division 1.4S small arms ammunition and primers.\nWe appreciate your bringing this issue to our attention. It should be noted that on\nMay 25, 2012, PHMSA issued a notice of proposed rulemaking (NPRM) that responds to\nadministrative appeals and solicits public comment on proposals generated as a result of\ncertain amendments adopted in HM-215K, including a proposal to extend the MOTs\n\n<<<PAGE 2>>>\n\n/\nexception to limited quantity shipments. You may view and comment on this NPRM at:\nhttps://federalregister.gov/a/2012-12523. However, should the revisions in the NPRM not\nbe adopted, you may apply for a Special Permit in accordance with§ 107.105.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\n(~ -~ <1--\n,_/\"\"\"'\nRobert Benedict\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\n-sent:\n1 To:\n~Subject:\nINFOCNTR (PHMSA)\nMonday, January 30, 2012 1:38 PM\nDrakeford, Carolyn (PHMSA)\nFW: Request for Letter of Interpretation\n~ J73.to3\nMtJT\n/2. -()0 1/\nHi Carolyn,\nWe received the· following request for a letter of interpretation.\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(202) 366-1035\nFrom: Watson, Patrick [mailto:Patrick.Watson@ATK.COM]\nSent: Monday, January 30, 2012 10:25 AM\nTo: INFOCNTR (PHMSA)\nSubject: Request for Letter of Interpretation\nTo Whom it May Concern:\nWe are requesting a Letter of Interpretation.\nFederal Cartridge Company, a subsidiary of Alliant Techsystems Operations LLC (ATK), is a manufacturer of small arms\nammunition and primers (self classified as 1.45 according to 173.56(h)}. Currently, our sales force transports samples of\nthese small arms ammunition and primers (packaged ORM-D) in accordance with 49CFR 173.6 as a \"Material of Trade\".\nWith the forthcoming expiration of OR M-D and the adoption of the Limited Quantity provisions for small arms\nammunition/primers associated with HM-215K, it is our impression that we will no longer be able to transport these\nsame materials classed as Limited Quantities (in accordance with 173.63(b)) as a Material of Trade.\nWill we be able to continue transporting samples of small arms ammunition and primers packaged as per Limited\nQuantity requirements (173.63(b)) as a Material of Trade, or would this action require the granting of a Special Permit?\nThank you,\nPatrick Watson, CHMM\nATK Corporate Transportation Compliance\n7480 Flying Cloud Drive, Minneapolis, MN 55344-3720\nOffice: 952.351.7608 Mobile: 952.847.0574\nThe Corporate Office is closed on Fridays\n1","truncated":false,"body_characters":4231}