{"operation":"document","citation":"10-0110","title":"Canadian Defense Liaison Staff — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-07-20","effective_on":null,"summary":"10-0110 response to Canadian Defense Liaison Staff concerning 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0110.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0110.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0110","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100110.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\nJUL 2a 20'10\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nCol. D.T. Erickson\nDefense Cooperation Attache\nCanadian Defense Liaison Staff\n501 Pennsylvania Ave., NW\nWashington, DC 20001\nRef. No.: 10-0110\nDear Colonel Erickson:\nThis responds to your May 3,2010 letter requesting clarification ofthe approval of explosives\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you\nrequest infonnation on the process to obtain approval to transport explosives within the United\nStates and whether Canadian Forces may use vendor issued explosive control numbers for\nsubsequent transportation within the U. S.\nIn your letter, you described two processes by which Canadian Forces purchase munitions. The\nfirst method involves a foreign military sales process approved by the Department of State and\nthe Department ofDefense (DOD). The second process entails commercial sales in which\nCanadian Forces procure munitions directly from a U.S. or a foreign vendor.\nPrior to transport, Class 1 (explosives) materials must be classed and approved by the Pipeline\nand Hazardous Materials Safety Administration (PHMSA) in accordance with § 173.56.\nPHMSA will assign an EX number specific to that explosive and prescribe a suitable packing\nmethod. An explosive that has been examined and classed by the DOD in accordance with\n§ 173.56(b )(2), may only be transported by the DOD. Explosives examined and classed by the\nDOD and subsequently sold through the foreign military sale process require approval by\nPHMSA prior to transport in the U.S.\n\n<<<PAGE 2>>>\n\nPreviously approved explosives not examined and classed by the DOD with a valid EX approval\nissued by PHMSA may be subsequently transported in the U.S. provided you have not made any\nchanges to the explosive and you comply with all of the requirements outlined in the approval.\nIf there is no previous vendor approval, the Canadian Defense Ministry may provide its own\nclassification document together with supporting technical information (e.g. drawings, chemical\ncomposition) and request an EX approval.\nI hope this answers your inquiry. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\ntl~Bef?U\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nLea{~\n' National Defense\n1+. \" Defence na1ionaJe\nCanadian Defence Etat-major de liaison des\nLiaison Staff Forces canadiennes\n(Washington) (Washington)\n501 Pennsylvania Ave., N. W. Washington. D.C.. U.S.A.• 20001\n10'- 0 II 0\n3 May 2010\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOTIPHMSA (PHH-lO)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr Mazzullo,\nOn 23 April 2010, I hosted a meeting that was attended by members ofthe Department\nof Defence, Ms Harpreet Singh and Mr Brian Vos ofthe Department of Transport and\nrepresentatives from the international defence community at the Embassy of Canada in\nWashington, D.C. It was a great opportunity to discuss issues related to the\nimplementation of Country Specific Explosives Control numbers. One issue that\nrequired additional Clarity was the policy relating to the customer's use of vendorissued'Explosives\nControl numbers. We were asked to submit a request for\ninterpretation letter to PHMSA.\nThe Canadian Forces buy munitions using two processes. The first, through the Foreign\nMilitary Sales (FMS) process as approved by the Department of State and the\nDepartment of Defence. We area,ware that the Director Security Cooperation Agency\nis in the process of working with you to develop clear instructions as to how to obtain a\nCdlintry Specific Explosive Control Number when munitions are purchased through an\nFMS Case. '\nThe second method is Direct Commercial Sales where we procure directly from a\nvendor in the USA or from another country. Could you confirm that the protocol that\nthe Canadian Forces should use and in particular, can we use the explosive control\nnumber as issued by the vendor for subsequent transport back into the USA?\nThanks in advance for your support and if you or your staffs have questions, please\ncontact me at 202-682-7771 '01' bye-mail atdavid.erickson@forces.gc.ca: .\n. /J ; r ;.,\n4/73.~~\n4rla~ives\n( ~:: ' _.', ..~\n;\"\",\n, :.:\nJ: \".,.,,:1,.\n\"\nf} ,\n\n<<<PAGE 4>>>\n\nC.C.\nLtCol Brad Tannehill, CJCS J4 DoD\nDr Jerry Ward, DDESB DoD\nMr Todd Hughes, DoD\nMr Ryan Paquet, DoT\nMs Harpreet Singh, DoT\nMr Brian Vos, DoT\nMr Duane Pfund, DoT","truncated":false,"body_characters":4578}