CBC Brazilian Cartridge Company — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration May 18, 2022 Mariele Aparecida Nonis Munhoz Legal Department CBC Brazilian Cartridge Company Avenue Humberto de Campos, 3.220, Guapituba, Ribeirão Pires, São Paulo State, Brazil, 09426-900 Reference No. 22-0019 Dear Ms. Munhoz: This letter is in response to your March 22, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the other regulated material- domestic (ORM-D) marking on packages of Division 1.4S “Cartridges, small arms. ” You ask for clarification regarding the removal of the ORM-D marking from labels placed on packages given that the authorization to use the ORM-D classification—and use of the associated marking —expired on December 31, 2020. Specifically, you ask whether the ORM-D marking must be removed entirely from a package label for “Cartridges, small arms” or if it could still be used in association with the limited quantity marking to indicate the ORM-D classification. The packages satisfy current marking requirements with display of the limited quantity marking, and there is no explicit requirement in the HMR for the old ORM-D marking to be removed prior to shipment. However, it is the opinion of this Office that the display of the ORM-D marking may be confusing and frustrate transportation of these packages because hazardous materials are no longer authorized to be reclassed as ORM-D and packages no longer required to be marked as such for transport. Therefore, while not covering the phased-out ORM-D marking is not in violation of the HMR, PHMSA suggests that the best way to avoid frustration of the shipment is to cover the ORM-D marking and to discontinue its use in future shipments.#

Page 2Finally, please note that PHMSA is currently working on a rulemaking to remove all references to ORM-D including the “Cartridges, small arms, ORM-D” entry in the § 172.101 hazardous materials table. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Casey 22-0019 From: DerKinderen, Dirk (PHMSA) To: Hazmat Interps Subject: FW: Hazardous Materials Regulations (CFR, Title 49, Chapter 1, Subchapter C) Date: Tuesday, March 22, 2022 11:06:49 AM Attachments: image004.png FYI. By way of approvals. From: Approvals (PHMSA) <Approvals@dot.gov> Sent: Tuesday, March 22, 2022 11:01 AM To: DerKinderen, Dirk (PHMSA) <Dirk.DerKinderen@dot.gov> Subject: FW: Hazardous Materials Regulations (CFR, Title 49, Chapter 1, Subchapter C) Looks like we received an interpretation request to the approval email inbox. Please forward accordingly, if I have sent to you in error Dirk. Thanks in advance. Duane M. Cassidy Chief, Pressure Vessels Branch (PHH-25) Sciences and Engineering Division Office of Hazardous Materials Safety US Department of Transportation Pipeline and Hazardous Materials Safety Administration E21-301, 1200 New Jersey Ave SE, Washington, DC 20590 Office: 202.366.5794 ◊ Mobile: 202.596.0583 PHMSA Home | LinkedIn | Twitter | HAZMAT | OPS From: Mariele Aparecida Nonis Munhoz <mariele@cbc.com.br> Sent: Tuesday, March 22, 2022 10:13 AM To: Approvals (PHMSA) <Approvals@dot.gov> Cc: Departamento Juridico <dejur@cbc.com.br> Subject: Hazardous Materials Regulations (CFR, Title 49, Chapter 1, Subchapter C) U.S. DEPARTMENT OF TRANSPORTATION PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION Subject: Hazardous Materials Regulations (CFR, Title 49, Chapter 1, Subchapter C). Dear Sir/Madam,#

Page 4We are writing to clarify the interpretation of the Hazardous Materials Regulations regarding the “ORM-D Marking” on packages of products classified as below: Identification Number: UN0012 and UN0014 Hazard Class/Division: 1.4S According to the Code of Federal Regulations, Title 49, Chapter 1, Subchapter C, §173.63(b)(1)(i) and §173.63(b)(1)(ii), that regulates cartridges and small arms, until December 31, 2020, the “Limited Quantity” marking could be replaced with the proper shipping name “Cartridges, small arms” or “Cartridges, power device (used to project fastening devices),” “Cartridges for tools, blank,” and “Cases, cartridge empty with primer” and reclassed as “ORM-D” material. In our understanding, the limit date referenced on §173.63 (12/31/2020) arise from the phase-out of the “ORM-D” marking for hazardous materials and the implementation of the “Limited Quantity” marking as of January 1st, 2021. Given this understanding, we would like to clarify if the “ORM-D” marking should be removed entirely from the package’s transportation label. Or if it should still be used, in addition to the “Limited Quantity” marking, to indicate the classification of the product, as seen in the chart below, referenced at §172.101, that contains the requirements for the marking of packages for transportation: We remain at DOT’s disposal for any further clarifications deemed necessary. Best regards, Mariele Aparecida Nonis Munhoz Departamento Jurídico +55 11 2139 8248 cbc.com.br “Aviso Legal: Esta mensagem, incluindo seus anexos, pode conter informações privilegiadas e/ou confidenciais. Se você não for o destinatário ou a pessoa autorizada a recebê-la, não deve usar, arquivar, copiar ou divulgar as informações nela contida ou tomar#

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