HITECH — Hazardous Materials Safety Interpretation

Page 1U.S. Department 400 Seventh St., S.W. of Transportation Washington, D.C. 20590 Research and Special Programs Administration JUL 14 2000 Ms. Jackie Brian Ref. No. 00-0136 Materials Manager HITECH P.O. Box 3112 East Camden, AR 71711 Dear Ms. Brian: This is in response to your letter dated April 27, 2000, requesting clarification on the shipment of explosives under § 173.56 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether you may use a Department of Defense (DOD) approval on file with the Department of Transportation (DOT) to ship explosive materials to a commercial customer. The answer is no. The DOD approval may only be used to ship DOD explosive materials to DOD facilities, and not to non-DOD commercial customers. A new approval from DOT for your commercial customer would have to be issued by the Associate Administrator for Hazardous Materials Safety as prescribed in Part 107 of the HMR. I hope this answers your inquiry. Sincerely, Velm Hillo Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 113.50 000136#

Page 2Boothe 173.56 HITECH 00-0136 A PRIMEX TECHNOLOGIES COMPANY April 27, 2000 Edward Mazzulo Director, OHMS Dear Edward, I have a question concerning D.O.T. approvals for D.O.D. products. We are an explosive load and pack facility that does both government contract and commercial work. The question that I have is: Can I use a D.O.T. approval to move products on a commercial shipment? contract, 1 go to the Joint Haz-Mat Safety Group and request a hard copy of the approval. If Example, if I have a NSN, Explosive #, PSN, and UN number provided in our D.O.D. I have the hard copy in hand and have a need to ship this product commercially, is that I appreciate your help and time in helping me reach a conclusion on this matter. Whatever, the answer may be will you please give me the reference to the regulations where I can find the answer. Thank You, Jacküw Busi Jackie Brian Materials Manager 798- JB/sr JB18700 P.O. Box 3112, East Camden, AR 71711 • Telephone: (870) 798-4171#