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and automotive parts suppliers, etc. If they were included in the Act and were subject to the controls in the Act, their distribution would, in effect, be stopped and the public would be deprived of their use.

We believe that these devices were not intended to be covered by the Explosives Control Act and we respectfully submit that they should not come within the terms of the Act. We urge that they be specifically excluded from the coverage of the Act.

Since "squibs" are specifically enumerated as an "Explosive" in the language of H.R. 18573, we wish to explain the types of "squibs" which we manufacture, which we believe were not intended to be covered by the Act. Olin manufactures "squibs" to actuate certain propellant-actuated power devices. They are currently used to actuate the aircraft jet engine starter cartridges and the automobile occupant restraint system.

The broad range of devices commonly described as "squibs" cover devices that have a variety of technical functions. As used in Olin's commercial products, "squibs" are small devices intended only to produce a very small flame and the heat required to ignite a deflagrating material. They do not detonate or produce shock waves which initiate detonation: -i.e., they will not serve the same function as a detonator. Our "squibs" are usually initiated electrically, and perform the same function as a household match, only electrically and by remote control. We urge that these types of "squibs" be excluded from the coverage of the Act. In order to exempt propellant-actuated power devices and the components which are used in conjunction therewith, such as "squibs", we respectfully urge that the Committee add the following additional paragraph to the section of the Act granting exceptions (as in H.R. 18573 § 845):

EXCEPTIONS: RELIEF FROM DISABILITIES

(a) This Act shall not apply to:

() Propellant-actuated power devices and the components thereof. Smokeless Powder. Olin sells sporting small arms ammunition propellant for the re-loader market. This is the same type of smokeless powder made by Olin's Ball Powder Process which is used in fixed sporting ammunition rounds. In-house safety testing and tests for ICC shipping classification, categorize these propellants as deflagrating and not detonating explosives. The size of the individual propellant granule and the amount of nitroglycerine, or burning rate modifier, in the composition, control the burning rate. In all cases, even for the fastest burning shot-shell propellants, these Ball Powders still deflagrate in a more controlled fashion than black powder. Shipment of these re-loading propellants is under an ICC Flammable Solids rating except for several of the large packages which bear a Class B Explosives rating.

Black powder and a number of other combinations of fuels and oxidizers make infinitely better bomb ingredients than smokeless powder. However, with carefully controlled conditions, under strong confinement, say in a steel pipe, smokeless powder could conceivably yield an explosion of the type previously defined as a pressure rupture.

We believe that the hand-loaders and re-loaders have made known to the Committee the desirability of excepting smokeless powder from the coverage of the Act, and we believe their position is justified. We strongly support the retention in the bill of the language which would except from the bill's coverage "small arms ammunition or components thereof".

Conclusions. In brief, Olin recognizes the need for the effective control of explosive materials and detonators but we feel that the bills as presently drawn cover materials and devices which constitute no hazard to the public or, at best. a minimal hazard. We urge that the Committee adopt language which would remove these materials and devices from the bill and we feel strongly that this would be in the public interest.

Sincerely,

FREDERICK B. LEE.

[Attachment]

OLIN'S COMMERCIAL PROPELLANT-ACTUATED POWER DEVICES

We list below each of Olin's commercial propellant-actuated power devices. We give a brief description of (1) function of the device, (2) amount and type of propellant, explosive or pyrotechnic, (3) safety data and (4) notes on potential application to making bombs and blasting devices.

(1) Aircraft Slide Inflation Cartridges-This is a propellant-actuated power device to be used in conjunction with an emergency passenger evacuation slide for the Boeing 747, L-1011, DC-10 type aircraft. This system uses a small arms ammunition primer. Flame from the primer ignites approximately 1/40 pound of igniter propellants which, in turn, ignite 1.6 pounds of ammonium nitrate propellant. The ammonium nitrate propellant is classified "Flammable Solids" by the Department of Transportation. The device has been tested for properties as an explosive material, but no explosive reaction occurred even when high explosives were used to "boost" the reaction. This propellant does not have the required detonation sensitivity of ammonium nitrate blasting explosives and would not be a candidate material for bomb making. The device is rated Class C Explosive because it contains a small amount of Class A and Class B igniter propellants noted above.

(2) Inflatable Automobile Occupant Restraint System-This is an automotive safety feature wherein a bag is inflated with propellant gas, or a mixture of propellant gas and compressed air, to restrain the passenger's motion during a collision. Olin's system, called SAFE-T-Flate is well along in prototype testing. It employs the OM 190B electric squib containing approximately 1/2,000 pound of a pyrotechnic for flame and heat production and a minute quantity of a heat sensitive explosive buttered on a resistance (bridge) wire. The squib is firmly sealed into the combustion chamber to make removal without damage to its function improbable. The balance of the active materials are non-detonating type (Class B Propellant Explosive) nitrocellulose propellants totaling about 1/30 pound in the present model. Exhaustive in-house safety testing has been performed in bonfire tests, shock wave initiation and the like, to prove that this device will not explode.

(3) Diesel Engine Starter Cartridges-The Olin POW-R-QUIK system consists of a propellant power charge furnishing hot gas to a special auxiliary motor which, in turn, starts the main diesel engine. This system uses a small arms ammunition primer rather than an electric squib. Flame from the primer ignites approximately 1/60 pound of igniter propellants which, in turn, ignite 1.4 pounds of an ammonium nitrate propellant. The ammonium nitrate propellant is classified "Flammable Solids". It has been tested for properties as an explosive material both confined in the thin metal cartridge and in large unconfined blocks. No explosive reaction occurred even when high explosives were used to "boost" the reaction. This propellant does not have the required detonation sensitivity of ammonium nitrate blasting explosives and would not be a candidate material for bomb making. The device is rated Class C Explosive because it contains the small amount of Class A and B igniter propellants noted above. (4) Jet Engine Starter Cartridges.-Developed to furnish the hot gas to an auxiliary turbine in the start-up of jet aircraft engines. Olin's Models MXU4A/A and MXU-129/A have been used for millions of starts on military craft with commercial applications envisioned for the future. These two cartridges utilize small electric squibs to produce the initial small flame, black powder to produce additional flame and "sustainer type" pyrotechnic pellets to yield the heat necessary for reliable ignition of the ammonium nitrate propellant. The squibs are firmly sealed into the combustion chamber to make removal without damage to their function improbable. These cartridges are larger than the slide inflation and diesel starter units, containing 4 and 8 pounds of the ammonium nitrate propellant which is also classified as a fiammable solid rather than an explosive. Unlike our other starter cartridges, the jet engine starter cartridges are confined only in rubber cases rather than thin metal cases.

(5) Small Gasoline Engine Starter Tablets.-A system called POW-R-TAB has been developed to start small gasoline engines such as used on lawn mowers and snowmobiles. The system is a propellant-actuated power device with the hot gas from deflagration of the propellant tablet furnishing energy to the starter mechanism. The tablets are made of smokeless propellant which contains no nitroglycerine. They weigh 8 grains (approximately 1/1,000 pound) each and contain a minute quantity of primer composition similar to that used in small arms ammunition primers. The tablets are contained in small plastie dispensers until inserted in the engine starter. Testing of these POW-RTAB tablets has been very extensive to insure that the composition used will deflagrate smoothly even under exaggerated conditions of initiation. Their burning rate under high confinement is extremely slow compared to black powder which means that they would react much less violently than the latter in an explosion of the pressure rupture type.

51-938 0-70- -23

(6) Propellant-Actuated Tools.-This is a system for fastening objects without drilling, in one fast, time-saving operation. The system is composed of a tool, a powder charge and a fastener. A line of more than 100 drive pins, eye pins and threaded studs is provided. The charges consist of (a) blank cartridges of either .22, .25, or .38 caliber using small amounts of smokeless propellants or (b) power pellets, similar to the POW-R-TAB units described above for use in starting small gasoline engines. The burning rate under high confinement of these charges is extremely low compared to black powder which means that they would react much less violently than the latter in an explosion of the pressure rupture type.

POWDER ACTUATED TOOL MANUFACTURERS INSTITUTE, INC.,

New York, N.Y., August 11, 1970.

Subject: Exclusion of Industrial Products from H.R. 18573 and Companion Bills. Hon. EMANUEL CELLER,

Chairman, Judiciary Committee,

U.S. House of Representatives,

Washington, D.C.

DEAR MR. CELLER: On behalf of the manufacturers of powder actuated tools, their customers and employees, we respectfully request and urge that industrial power loads for powder actuated tools be specifically excluded from H.R. 18573 and 17154 or similar bills before such legislation is reported out by your Committee.

Industrial power loads are designed for use with powder actuated tools, used principally in the building trades industry. Such power loads are used in industrial fastening tools. The power loads expel metal fastening devices from the tools, and these devices fasten together materials, such as steel, wood and concrete. They are sold with and without the accompanying tools, by industrial jobbers to engineers and building contractors and are never sold for use in firearms.

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We note that the declared purpose of H.R. 18573 is “. . . to reduce the hazard to persons and property arising from misuse and unsafe or insecure storage of explosive materials". In view of this purpose, we believe it unnecessary for industrial power loads to be covered by the proposed legislation.

It is highly remote that any person contemplating an anti-social act would turn to industrial power loads as a source of explosive materials. Other products are much more likely to come to mind and would be more readily adaptable for such use. Moreover, the accessibility of power loads to members of the general public is limited.

Under these circumstances, we request that industrial power loads be specifically excluded from the proposed legislation now pending before your Committee. Should you have further questions regarding this matter, we should be glad to answer all inquiries in person or by letter.

Yours very truly,

APPENDIX

GEORGE P. BYRNE, Jr.,
Executive Director.

LIST OF AUTHORS AND COSPONSORS OF BILLS

H.R. 17154 (Mr. Celler).

H.R. 16699 (Mr. McCulloch for himself, Mr. Poff, Mr. MacGregor, Mr. Ayres, Mr. Hutchinson, Mr. McClory, Mr. Smith of New York, Mr. Harsha, Mr. Wiggins, Mr. Fish, Mr. Coughlin, Mr. Lukens, Mr. Mayne, Mr. Gerald R. Ford, Mr. Ashbrook, Mr. Bow, Mr. Bush, Mr. Clancy, Mr. Betts, Mr. Latta, Mr. Miller of Ohio, Mr. Minshall, Mr. Price of Texas, and Mr. Frey). (Executive Communication) H.R 18573 (Mr McCulloch for himself, Mr. Gerald R. Ford, Mr. Ashbrook, Mr. Ayres, Mr. Betts, Mr. Bow, Mr. Don H. Clausen, Mr. Cramer, Mr. MacGregor, Mr. McClory, Mr. Mayne, Mr. Minshall, Mr. Poff, Mr. Railsback, Mr. Smith of New York, Mr. Taft, and Mr. Wiggins). (Executive Communication). H.R. 7468 (Mr. Fulton of Pennsylvania).

H.R. 8159 (Mr. Fish).

H.R. 9565 (Mr. Rosenthal).

H.R. 9652 (Mr. Murphy of New York).

H.R. 16481 (Mr. Minshall).

H.R. 16525 (Mr. Brotzman).
H.R. 16531 (Mr. Collier).

H.R. 16629 (Mr. Murphy of New York).
H.R. 16630 (Mr. Murphy of New York).

H.R. 16695 (Mr. Harsha).

H.R. 16700 (Mr. McCulloch for himself, Mr. Devine, Mr. Taft, Mr. Whalen, Mr. Wylie, and Mr. Brown of Ohio).

H.R. 16743 (Mr. Cramer).

H.R. 16801 (Mr. Quillen).

H.R. 16818 (Mr. Burke of Florida).

H.R. 16970 (Mr. Goldwater for himself, Mr. Don H. Clausen, Mr. Crane, and Mr. Mathias).

H.R. 17106 (Mr. Morton).

H.R. 17529 (Mr. Biaggi).
H.R. 17530 (Mr. Biaggi).
H.R. 18409 (Mr. Brock).

H.R. 18476 (Mr. Rodino).

H.R. 18594 (Mr. McCulloch for himself, Mr. Brown of Ohio, Mr. Clancy, Mr. Devine, Mr. Fish, Mr. Miller of Ohio, Mr. Sandman, and Mr. Stanton).

91ST CONGRESS 1ST SESSION

H. R. 7468

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1969

Mr. FULTON of Pennsylvania introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend section 837, title 18, United States Code, to prohibit certain acts involving the use of incendiary devices, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That (a) the section caption of section 837, title 18, United 4 States Code, is amended by striking out the word "Explo5 sives" where is first appears therein and inserting in lieu 6 thereof the words "Explosives and incendiary devices".

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(b) Subsection (a) of that section is amended by

(1) striking out the period at the end thereof and

inserting in lieu thereof a semicolon and the word “and”;

and

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