National Distribution Warehouse — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Research and Administration Special Programs JUL 2 9 1999 Mr. Marlyn Boyce National Distribution Warehouse Ref. No. 99-0107 5404 S. 122nd E. Ave. Tulsa, OK 74146 Dear Mr. Boyce: This is in response to your letter of April 19, 1999, requesting clarification on the requirements for cartridges, power devices which are used to project fastening devices (HMR; 49 CER Parts 171-180). In your letter you ask whether, and under what conditions, cartridges, power devices which are classed as Division 1.45 may be reclassed as ORM-D material. Specifically, you reference Special Provision 112 which previously referenced by the "Cartridges, power devices" proper shipping name entry in the Hazardous Materials Table (HMT) • Special Provision 112 was removed from the HMR by Docket HM- 222B (May 30, 1996; 61 FR 27166). Special Provision 112 allowed shippers to reclass cartridges, power devices and cartridges, small arms, which had been classed as Division 1.4S materials, as ORM-D material under certain conditions. Though Special Provision 112 was removed, it is effectively still in place at § 173.63(b) (b). The HMT entries for "Cartridges, small arms" and "Cartridges, power devices" both reference § 173.63 in column 8A for exceptions. Cartridges, power devices (which are used to project fastening devices) which have been classed as Division 1.4S explosives may be reclassed, offered for transportation, and transported as "Consumer commodity," ORM-D when packaged in accordance with $ 173.63 (b) (2). 990107 11a63#

Page 2I hope this satisfies your request. Sincerely, Gale Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 3Hilti, Inc. 5400 South 122nd East Avenue Tulsa, OK 74121 (918) 252-6000 99-0107 BAH VIA FAX & MAIL $ 173.63 HATTIE L. MITCHELL, CHIEF DATE 04/19/99 REGULATORY REVIEW AND REINVENTION OFFICE OF HAZARDOUS MATERIALS STANDARDS 400 SEVENTH ST., S. W. WASHINGTON, D. C. 20590 REF: NO. 98-0378 DEAR MS. MITCHELL: I HAVE A FURTHER QUESTION TO OUR PREVIOUS COMMUNICATIONS, WE REQUEST A REVIEW AND RESPONSE TO THE FOLLOWING SITUATION. WE DISTRIBUTE A BLANK CARTRIDGE IN 22, 25 AND 27 . CALIBER IN LONG AND SHORT LENGTHS TO THE CONSTRUCTION INDUSTRY AS A PORTABLE ENERGY SOURCE FOR USE WITH HILTI, INC. POWDER ACTUATED HAND HELD TOOLS TO INSERT NAILS AND THREADED STUDS INTO CONCRETE AND STEEL WORK SURFACES. IN THE RECENT PAST, THE 49 CFR HAD A SPECIAL PROVISION # 112 TO SPECFIICALLY COVER OUR PRODUCT USED AS "FASTENING DEVICES" AND TREAT OUR PRODUCT WITH A LESSER DEGREE OF RESTRICTION EARNED THROUGH AN EXCELLENT SAFETY RECORD BASED ON MILLIONS OF SHIPMENTS OVER MANY YEARS WITHOUT SERIOUS INCIDENTS IN OUR INDUSTRY. THE PRESENT 49 CFR CLASSIFIES CARTRIDGES, SMALL ARMS AS HAZARD CLASS ORM-D WHILE CLASSIFYING CARTRIDGES, POWER DEVICES AS 1.4s, UN-0323.#

Page 4Hilti, Inc. 5400 South 122'' East Avenue (918) 252-6000 Tulsa, OK 74121 AIR CARRIERS WILL PERMIT THE USE OF 49 CFR FOR ORM-D CLASSIFIED ITEMS ONLY, SO THIS "DIFFERENCE" BETWEEN CARTRIDGES, SMALL ARMS AND CARTRIDGES, POWER DEVICE DOES NOT PERMIT OUR USE OF 49 CFR FOR DOMESTIC AIR SHIPMENTS. IF OUR CARTRIDGES, POWER DEVICE WERE CLASSIFIED AS ORM-D THAT WOULD ALLOW US TO USE 49 CFR FOR NEARLY ALL OUR PRODUCTS, REDUCING DOCUMENTATION AND TRAINING PROCEDURES AND POTENTIAL ERROR THROUGH STANDARDIZATION, REDUCE SOME SHIPPER H/M FEES FOR AIR AND REDUCE SPECIFICATION PACKAGING COSTS. THE PROPER SHIPPING NAME, "CARTRIDGES, SMALL ARMS" INCLUDES A PRODUCT WHICH CONTAINS A PROJECTILE WHILE OUR PRODUCT (CARTRIDGES, POWER DEVICE ) IS A BLANK POWDER ENERGY SOURCE ONLY AND DOES NOT CONTAIN A PROJECTILE WHICH PRESENTS A MUCH LESSER DANGER IN THE TRANSPORTATION ENVIRONMENT. WE MEET THE 49 CFR EXCEPTIONS FOUND AT 173.63 (b) (1) (v) AND (b) (2). WE ASK YOUR REVIEW AND RESPONSE TO OUR REQUEST TO PERMIT CARTRIDGES, POWER DEVICE TO BE RECLASSED UNDER 49 CFR AS ORM-D HAZARD CLASS AS CARTRIDGES, SMALL ARMS IS NOW CLASSED. SHOULD YOU REQUIRE FURTHER DATA TO CONSIDER THIS REQUEST, CONTACT ME DIRECTLY.#

Page 5Hilti, Inc. 5400 South 122°d East Avenue Tulsa, OK 74121 (918) 252-6000 I MAY BE REACHED AT: PHONE 918-252-6397, FAX 918-252-6814 OR MAIL: MR. MARLYN BOYCE NATIONAL DISTRIBUTION WAREHOUSE 5404 S. 122" E. AVE. TULSA, OK 74146 SINCERELY, MARLYN BOYCE NATIONAL DISTRIBUTION WAREHOUSE HILTI, INC BOOSTER AIR DOC#