RCS RMS Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 May 19, 2021 Donna Adams Regulatory Oversight RCS RMS Inc. 2113 West 850 North Cedar City, UT 84720 Reference No. 21-0012 Dear Ms. Adams: This letter is in response to your February 5, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to international air transportation of explosives under a Department of Transportation Special Permit (DOT-SP or SP). Specifically, you ask whether DOT-SP 10996 meets the requirements for an approval under International Air Transport Association (IATA) Dangerous Goods Regulations 1.2.5.1 and Part 1, Paragraph 1.1 of the International Civil Aviation Organization (ICAO) Technical Instructions. The answer is yes. DOT-SP 10996 authorizes the transportation in commerce of “UN0351, Articles, explosive, n.o.s. (rocket motors or reloadable rocket motor kits), 1.4C, PG II” by motor vehicle, rail freight, cargo vessel, and cargo aircraft only. Under 49 CFR § 107.1, a Competent Authority Approval is “an approval by the competent authority that is required under an international standard” and indicates that a SP or approval is a competent authority approval. Therefore, DOT-SP 10996 serves as a competent authority approval, permitting you to ship these hazardous materials in international air transport (i.e., cargo aircraft only in the case of DOT- SP 10996). For purposes of 49 CFR Part 107, the Associate Administrator of the Office of Hazardous Materials Safety is the competent authority for the United States. In addition, your inquiry also references IATA. Please note that the HMR do not officially recognize the IATA Dangerous Goods Regulations for purposes of transporting hazardous materials.#

Page 2However, § 171.22 of the HMR authorizes use of the ICAO Technical Instructions for the Safe Transport of Dangerous Goods provided shipments offered under the ICAO Technical Instructions conform to the applicable requirements of §§ 171.23 and 171.24. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3POLLACK 21-0012 From: INFOCNTR (PHMSA) To: Subject: Date: Hazmat Interps; Dodd, Alice (PHMSA) FW: Letter of interpretation/clarification of SP 10966 Tuesday, February 9, 2021 2:32:49 PM Dear Alice, Please see the letter of interpretation request below. Please contact our office with any questions. Thank you, Sarah (HMIC) From: regulatory@aerotech-rocketry.com [mailto:regulatory@aerotech-rocketry.com] Sent: Friday, February 5, 2021 3:39 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Letter of interpretation/clarification of SP 10966 CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern: RCS RMC Inc., has received a request from their carriers for clarification concerning international air transport using DOT Special Permit 10996. They are questioning the use of DOT SP 10996 as a Competent Authority Approval for use with international shipments per IATA regulations. It has been our understanding that the DOT SP 10996 meets the criteria as an approval per IATA 1.2.5.1 and that it meets the applicable ICAO Technical Instructions references for acceptance in international air transport. Our carriers have requested that the DOT provide written clarification in this matter stating the following for DOT SP 10996: --that it meets the requirements for an approval per IATA 1.2.5.1 --and that it meets the international standard set forth in Part 1, Paragraph 1.1 of the ICAO technical instructions for international air transport. Our carriers have refused to ship anything showing the SP 10996 via international air pending the written clarification requested on this matter. Thank you for your time and attention to this issue. Below is all of my contact#

Page 4information should you need any additional information. Donna Adams Regulatory Oversight regulatory@aerotech-rocketry.com RCS RMS Inc. 2113 West 850 North Cedar City Ut, 84720 435-865-7700 ext 2#