08 July 2018, 22:14
Todd Williamsquote:
Originally posted by TNJohn:
Hey Todd
I told you where to look. What I gave was from a few minutes of research on my phone.
The regulations are clear. The interpretation letters are clear.
I'm not able to cut and paste till during the week.
John
I looked there John. And by the way, I looked there long before you offered where to look. As I said earlier, I didn't find a specific reference to Explosive 1.3 being converted to 1.4 just by loading it into cartridges. And NO, Steve isn't the only guy doing the research.
But then again, I do work during the day and was doing my research when taking a few breaks during the day. It's possible I've overlooked the specific reference to the 1.3 to 1.4 conversion. THAT is the reason I asked for someone to provide a specific link if they know of it. So, if you or anyone else has a direct link to the specific authorization, I'd like to see it so that I can print it for reference as it's only a matter of time before some overzealous gate agent attempts to prohibit us from taking our ammo on safari.
As I stated time and time again on the other thread, there MUST be an exemption, maybe in the form of this conversion action you mention, but I just can't find it and I've looked pretty damn hard at this point.
Just for further clarification John, you do realize that 173.56 applies to certification process of "New Explosives", right? It has nothing to do with powders that have been on the market long enough to have already been classified, UNLESS the manufacturer has made a material change to the formula. Even then I don't read it to say what you are claiming. I think the part you are referencing is 173.56 (h) and the statement I've placed in bold under item 4 under paragraph (h). First you need to look at (h) (1). It says these rules do not apply to explosives NOT FORBIDDEN under 173.54. So I've posted 173.54 under 173.56. Look at paragraph (j). It states "(j) Explosives specifically forbidden in the § 172.101 table of this subchapter." Of course this gets real tedious but I posted 172.101's table on the other thread. It specifically states Cartridges, small arms, blank with the classification of 1.3C to be forbidden. AND the crux of the matter is, all smokeless powders I've researched so far are listed as 1.3C. Yes, it says 1.4 can be carried, but so far, I haven't found any manufacturer's powder that is currently classified as 1.4. They are all 1.3.
So again, I have not seen a specific reference to a smokeless powder that is classified as 1.3 being converted to 1.4 by the act of loading it into cartridges. If you can put those links together, that would be great. I'm not asking you to do it because I don't want to do it. I'm asking anyone if they can put the links together from the standpoint that I've tried and haven't been able to do so yet.
§ 173.56 New explosives - definition and procedures for classification and approval.
(a) Definition of new explosive. For the purposes of this subchapter a new explosive means an explosive produced by a person who:
(1) Has not previously produced that explosive; or
(2) Has previously produced that explosive but has made a change in the formulation, design or process so as to alter any of the properties of the explosive. An explosive will not be considered a “new explosive” if an agency listed in paragraph (b) of this section has determined, and confirmed in writing to the Associate Administrator, that there are no significant differences in hazard characteristics from the explosive previously approved.
(b) Examination, classification and approval. Except as provided in §§ 173.64 and 173.65, no person may offer a new explosive for transportation unless that person has specified to the examining agency the ranges of composition of ingredients and compounds, showing the intended manufacturing tolerances in the composition of substances or design of articles which will be allowed in that material or device, and unless it has been examined, classed and approved as follows:
(1) Except for an explosive made by or under the direction or supervision of the Department of Defense (DOD) or the Department of Energy (DOE), a new explosive must be examined and assigned a recommended shipping description, division and compatibility group, based on the tests and criteria prescribed in §§ 173.52, 173.57 and 173.58. The person requesting approval of the new explosive must submit to the Associate Administrator a report of the examination and assignment of a recommended shipping description, division, and compatibility group. If the Associate Administrator finds the approval request meets the regulatory criteria, the new explosive will be approved in writing and assigned an EX number. The examination must be performed by a person who is approved by the Associate Administrator under the provisions of subpart H of part 107 of this chapter and who -
(i) Has (directly, or through an employee involved in the examination) at least ten years of experience in the examination, testing and evaluation of explosives;
(ii) Does not manufacture or market explosives, and is not controlled by or financially dependent on any entity that manufactures or markets explosives, and whose work with respect to explosives is limited to examination, testing and evaluation; and
(iii) Is a resident of the United States.
(2) A new explosive made by or under the direction or supervision of a component of the DOD may be examined, classed, and concurred in by:
(i) U.S. Army Technical Center for Explosives Safety (SMCAC-EST), Naval Sea Systems Command (SEA-9934), or Air Force Safety Agency (SEW), when approved by the Chairman, DOD Explosives Board, in accordance with the DOD Explosives Hazard Classification Procedures (IBR, see § 171.7 of the subchapter); or
(ii) The agencies and procedures specified in paragraph (b)(1) of this section.
(3) A new explosive made by or under the direction or supervision of the Department of Energy (DOE) may be -
(i) Examined by the DOE in accordance with the DOD Explosives Hazard Classification Procedures, and must be classed and approved by DOE; or
(ii) Examined, classed, and approved in accordance with paragraph (b)(1) of this section.
(4) For a material shipped under the description of “ammonium nitrate-fuel oil mixture (ANFO)”, the only test required for classification purposes is the Cap Sensitivity Test - Test Method 5(a) prescribed in the Explosive Test Manual (UN Manual of Tests and Criteria) (IBR, see § 171.7 of the subchapter). The test must be performed by an agency listed in paragraph (b)(1), (b)(2), or (b)(3) of this section, the manufacturer, or the shipper. A copy of the test report must be submitted to the Associate Administrator before the material is offered for transportation, and a copy of the test report must be retained by the shipper for as long as that material is shipped. At a minimum, the test report must contain the name and address of the person or organization conducting the test, date of the test, quantitative description of the mixture, including prill size and porosity, and a description of the test results.
(c) Filing DOD or DOE approval report. DOD or DOE must file a copy of each approval, accompanied by supporting laboratory data, with the Associate Administrator and receive acknowledgement in writing before offering the new explosive for transportation, unless the new explosive is:
(1) Being transported under paragraph (d) or (e) of this section; or
(2) Covered by a national security classification currently in effect.
(d) Transportation of explosive samples for examination. Notwithstanding the requirements of paragraph (b) of this section with regard to the transportation of a new explosive that has not been approved, a person may offer a sample of a new explosive for transportation, by railroad, highway, or vessel from the place where it was produced to an agency identified in paragraph (b) of this section, for examination if -
(1) The new explosive has been assigned a tentative shipping description and class in writing by the testing agency;
(2) The new explosive is packaged as required by this part according to the tentative description and class assigned, unless otherwise specified in writing by the testing agency; and,
(3) The package is labeled as required by this subchapter and the following is marked on the package:
(i) The words “SAMPLE FOR LABORATORY EXAMINATION”;
(ii) The net weight of the new explosive; and
(iii) The tentative shipping name and identification number.
(e) Transportation of unapproved explosives for developmental testing. Notwithstanding the requirements of paragraph (b) of this section, the owner of a new explosive that has not been examined or approved may transport that new explosive from the place where it was produced to an explosives testing range if -
(1) It is not a primary (a 1.1A initiating) explosive or a forbidden explosive according to this subchapter;
(2) It is described as a Division 1.1 explosive (substance or article) and is packed, marked, labeled, described on shipping papers and is otherwise offered for transportation in conformance with the requirements of this subchapter applicable to Division 1.1;
(3) It is transported in a motor vehicle operated by the owner of the explosive; and
(4) It is accompanied by a person, in addition to the operator of the motor vehicle, who is qualified by training and experience to handle the explosive.
(f) Notwithstanding the requirements of paragraphs (b) and (d) of this section, the Associate Administrator may approve a new explosive on the basis of an approval issued for the explosive by the competent authority of a foreign government, or when examination of the explosive by a person approved by the Associate Administrator is impracticable, on the basis of reports of tests conducted by disinterested third parties, or may approve the transportation of an explosives sample for the purpose of examination by a person approved by the Associate Administrator.
(g) An explosive may be transported under subparts B or C of part 171 or § 176.11 of this subchapter without the approval of the Associate Administrator as required by paragraph (b) of this section if the Associate Administrator has acknowledged in writing the acceptability of an approval issued by the competent authority of a foreign government pursuant to the provisions of the UN Recommendations, the ICAO Technical Instructions, the IMDG Code (IBR, see § 171.7 of this subchapter), or other national or international regulations based on the UN Recommendations. In such a case, a copy of the foreign competent authority approval, and a copy of the written acknowledgement of its acceptance must accompany each shipment of that explosive.
(h) The requirements of this section do not apply to cartridges, small arms which are:
(1) Not a forbidden explosive under § 173.54 of this subchapter; (2) Ammunition for rifle, pistol, shotgun, or tools;
(3) Ammunition with inert projectile or blank ammunition; and
(4) Ammunition not exceeding 50 caliber for rifle or pistol cartridges or 8 gauge for shotgun shells.
Cartridges, small arms meeting the criteria of this paragraph (h) may be assigned a classification code of 1.4S by the manufacturer. (i) If experience or other data indicate that the hazard of a material or a device containing an explosive composition is greater or less than indicated according to the definition and criteria specified in §§ 173.50, 173.56, and 173.58 of this subchapter, the Associate Administrator may specify a classification or except the material or device from the requirements of this subchapter.
(j) [Reserved]
[Amdt. 173-224, 55 FR 52617 Dec. 21, 1990, as amended at 56 FR 66267, Dec. 20, 1991; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; 62 FR 51560, Oct. 1, 1997; 63 FR 37461, July 10, 1998; 64 FR 10777, Mar. 5, 1999; 66 FR 45379, Aug. 28, 2001; 68 FR 75743, Dec. 31, 2003; 72 FR 25177, May 3, 2007; 78 FR 1074, Jan. 7, 2013; 78 FR 42477, July 16, 2013]
§ 173.54 Forbidden explosives. Unless otherwise provided in this subchapter, the following explosives shall not be offered for transportation or transported:
(a) An explosive that has not been approved in accordance with § 173.56 of this subpart.
(b) An explosive mixture or device containing a chlorate and also containing:
(1) An ammonium salt, including a substituted ammonium or quaternary ammonium salt; or
(2) An acidic substance, including a salt of a weak base and a strong acid.
(c) A leaking or damaged package or article containing an explosive.
(d) Propellants that are unstable, condemned or deteriorated.
(e) Nitroglycerin, diethylene glycol dinitrate, or any other liquid explosives not specifically authorized by this subchapter.
(f) A loaded firearm (except as provided in 49 CFR 1544.219).
(g) Fireworks that combine an explosive and a detonator.
(h) Fireworks containing yellow or white phosphorus.
(i) A toy torpedo, the maximum outside dimension of which exceeds 23 mm (0.906 inch), or a toy torpedo containing a mixture of potassium chlorate, black antimony (antimony sulfide), and sulfur, if the weight of the explosive material in the device exceeds 0.26 g (0.01 ounce).
(j) Explosives specifically forbidden in the § 172.101 table of this subchapter. (k) Explosives not meeting the acceptance criteria specified in § 173.57 of this subchapter.
(l) An explosive article with its means of initiation or ignition installed, unless approved in accordance with § 173.56.
[Amdt. 173-224, 55 FR 52617 Dec. 21, 1990, as amended at 56 FR 66267, Dec. 20, 1991; Amdt. 173-236, 58 FR 50236, Sept. 24, 1993; 67 FR 61013, Sept. 27, 2002; 68 FR 48569, Aug. 14, 2003]