Interpretation Response #12-0041 ([ATK Corporate Transportation Compliance] [Mr. Patrick Watson])

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

Interpretation Response Details

Response Publish Date: 06/21/2012

Company Name: ATK Corporate Transportation Compliance

Individual Name: Mr. Patrick Watson

Location State: MN Country: US

View the Interpretation Document

Response text:

June 21, 2012

Mr. Patrick Watson, CHMM
ATK Corporate Transportation Compliance
7480 Flying Cloud Drive
Minneapolis, MN 55344-3720

Ref. No.: 12-00041

Dear Mr. Watson:

This is in response to your January 30, 2012 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with respect to the transportation of small arms ammunition and primers that have been classified as Division 1.4S, as provided in § 173.56(h). Specifically, you ask if sales samples of Division 1.4S small arms ammunition and primers may be transported as Materials of Trade (MOTs) per § 173.6 after December 31, 2013, when the Consumer Commodity, ORM-D designation will no longer be in effect.

As you state in your email, on January 19, 2011, PHMSA published a final rule (HM-215K; 76 FR 3308), which amended the HMR to maintain alignment with international standards. These amendments included the elimination of the ORM-D classification. Currently, the MOTs exception specified in § 173.6 has not been revised to extend relief to limited quantity shipments. It is your understanding that, due to the elimination of the ORM-D classification, Division 1.4S small arms ammunition and primers that have been classified as limited quantities in accordance with § 173.63(b) are not eligible for the MOTs exception. Your understanding is correct, as the MOTs exception has not been revised to extend relief to limited quantity shipments of Division 1.4S small arms ammunition and primers.

We appreciate your bringing this issue to our attention. It should be noted that on May 25, 2012, PHMSA issued a notice of proposed rulemaking (NPRM) that responds to administrative appeals and solicits public comment on proposals generated as a result of certain amendments adopted in HM-215K, including a proposal to extend the MOTs
exception to limited quantity shipments. You may view and comment on this NPRM at: https://federalregister.gov/a/2012-12523. However, should the revisions in the NPRM not be adopted, you may apply for a Special Permit in accordance with § 107.105.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Robert Benedict
Chief, Standards Development
Standards and Rulemaking Division

173.63

Regulation Sections