Interpretation Response #05-0149 ([Swingless Golf Club] [Mr. Jim DePorche])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 06/01/2006

Company Name: Swingless Golf Club

Individual Name: Mr. Jim DePorche

Location State: CA Country: US

View the Interpretation Document

Response text:

Jun 1, 2006

Mr. Jim DePorche                      Reference No. 05.-0149

President

Swingless Golf Club

3539 Bradshaw Road, Suite B303

Sacramento, CA 95827

Dear Mr. DePorche:

This is in response to your letter, e-mails, and telephone conversations with a member of my staff asking if "Cartridges, power devices, 1 .4S, UN 0323, PG II may be transported on passenger-carrying aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-180). We apologize for the delay in responding and any inconvenience this may have caused.

According to your letter, the cartridge is used in "The Swingless Golf Club: 9 Clubs in 1." Your letter describes this cartridge as a 27-caliber "center-fire power-tool loaded round." The manufacturer mounts 10 cartridges to a plastic strip, with 10 plastic strips (10 shots total), placed in an outer packaging such as a fiberboard box. You state one package weighs approximately 4.2 ounces (0.12 kg), four packages weigh approximately 18 ounces (0.51 kg), and your customers typically transport two to four packages with them per trip.

Under § 175.10(a)(5) of the I{MR, small-arms ammunition transported by aircraft for personal use is excepted from all other requirements when carried by a crew member or passenger in his checked baggage and securely packed in fiber, wood, or metal boxes, or other  packagings specifically designed to carry small amounts of ammunition. "Cartridges, power devices, 1.4S, UN 0323, PG II" are not considered to be small arms ammunition for purposes of this exception. Therefore, your cartridges may not be transported by passenger aircraft in checked or carry-on baggage.

For information about items that may be prohibited by the Transportation Security Administration (TSA), you should contact the TSA"s Contact Center directly by telephone at 1-866-289-9673 or by e-mail at "TSA-ContactCenter@dhs.gov". The TSA is the agency responsible for security in all modes of transportation, including civil aviation, and has the authority to restrict passengers from carrying materials perceived as security threats.

Therefore, TSA officials may confiscate materials they believe to be security risks even if the materials are properly prepared for transportation in conformance with the HMR.

I hope this information is helpful.

Sincerely,

Hattie L. Mitchell, Chief

Regulatory Review and Reinvention

Office of Hazardous Materials Standards

175.10 (a) (5)

Regulation Sections