AWE — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. SE Washington. D.C. 20590 APR 0 8 2011 Mr. David A. Cocks Hazard Classification Officer AWE Aldermaston, Reading RG7 4PR Berkshire United Kingdom APR 8 2011 Ref. No. 10-0171 Dear Mr. Cocks: This letter responds to your e-mail inquiry requesting clarification of the approval process under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to foreignmanufactured explosives. Specifically, you ask whether a new explosive approved by a foreign (i.e., non-U.S.) competent authority must also be approved by the Competent Authority of the United States prior to U.S. import. The answer is yes. Section § 173.56(1) of the HMR states in part that, 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. Once reviewed, a reciprocal approval is issued by the Associate Administrator, in writing, acknowledging whether the new explosive may be transported in commerce to, through, or from, the United States. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) ~ ar.vszS ~lLpJ05i tie:? From: Betts, Charles (PHMSA) Sent: Friday, September 03, 2010 11:46 AM JD-OI71 To: Drakeford, Carolyn (PHMSA) Cc: Singh, Harpreet (PHMSA) Subject: FW: Shipment of UK Explosives Substance for US Testing Importance: High Carolyn, Please enter this in as a new request for interpretation and assign for proper handling. Thanks, Charles -----Original Message----From: Singh, Harpreet (PHMSA) Sent: Friday, September e3, 2ele 9:51 AM To: Betts, Charles (PHMSA) Subject: FW: Shipment of UK Explosives Substance for US Testing Importance: High Hi Charles- I think the response to below request pertaining to the regulations regarding the transportation of UK explosives into the US and the transportation on US roadway should be handled by your office. Please let me know if not. Thanks, Harpreet -----Original Message----From: Carr, Kevin [mailto:KCarr@doeal.gov] Sent: Friday, September e3, 2ele 9:15 AM To: David.A.Cocks@awe.co.ukj Singh, Harpreet (PHMSA) Cc: Ratchner, Christina; Watson, Spencer (PHMSA) Subject: Shipment of UK Explosives Substance for US Testing Importance: High Good morning David, I appreciate the inquiry for the shipment of KD/5 - TATB type B, Viton-A to LANL and LLNL utilizing the current UK flights into Kirtland AFB, NM. As the US DOE Primary Hazard Classifier, I only have the authority to issue IHC authority for US DOE articles and substances. Substances created within the UK to be received in the US cannot be approved within the US DOE since I only have authority within the US. As you are aware, our competent authority within the US is the Department of Transportation who I have cc'd on this email. It is my understanding from discussion with Ms. Singh from the DoT that an EX number is required for UK explosives being received into the US for transportation on US roadways. I suggest that you also contact the US DoT through UK protocols to ensure proper approval is coordinated in advance of this shipment. Please feel free to contact me if you need any additional information regarding this issue. Ms. Singh, 1#

Page 3I would greatly appreciate any DoT guidance that you are able to provide regarding the correct protocol regarding the receipt of UK explosives into the US and transportation on US roadways. Primarily~ is an EX number required if the UK transports a UK manufactured substance to the US on a UK military transport? I feel confident that I can issue a DOE IHC to allow for public roadway shipment of the explosive substance from the airport to LANL and LLNL for testing. Thank you for your support on this issue, Kevin Carr, NN-4, DOE Civilian NNSA/SC/OSHD 505-845-4888 -----Original Message----From: David.A.Cocks@awe.co.uk [mailto:David.A.Cocks@awe.co.uk] Sent: Friday, September 03, 2010 5:29 AM To: Carr, Kevin Cc: Ratchner, Christina Subject: Request for Assistance Importance: High Dear Mr Kevin Carr, First I would like to introduce myself. I am the AWE Hazard Classification Officer (UN Class 1). My role is to obtain Hazard Classifications for AWE on behalf of the UK Ministry of Defence. I am also the point of contact for all Class 1 Shipments into and out of AWE. I apply for Competent Authority Classifications for UN Class 1 consignments through the UK Competent Authorities for shipments to AWE on behalf of US Shippers and the UK Ministry of Defence. AWE on Behalf of the UK Ministry of Defence have a need to ship some UN Class 1 Substance (KD/5 - TATB type B, Viton-A) to LANL and LLNL for Test and Evaluation and I was hoping to utilise the RAF Flight in early November (Military Aircraft). UN Test Series 3 or equivalent data is available and the material has been assessed as safe for transport. I am exploring the options and was hoping that you may be able to assist. The material will be shipped under the 1958 Mutual Defence Agreement. If you need confirmation of my role and position please contact Christina Ratchner. In the past I have spoken to Alan Herbach on these type of issues. In the past shipments I believe may have been achieved in the following ways: * Using UK Competent Authority Classification with mirrored US DOE IHC * Using UK Competent Authority Classification with mirrored US DOT EX * Using UK Competent Authority Classification and US Government / Military Transport with no IHC or EX 2#

Page 4I understand that the subject may already been discussed with you and that you have advised that we must obtain US DOT Classification and EX number prior to shipment. I understand that this is the standard requirement, but was hoping that other options may be available to use. Your advice and guidance would be appreciated. With thanks Kind Regards David Cocks AAO Direct: 0118 982 7030 AWE, Aldermaston, Reading, RG7 4PR The information in this email and in any attachment(s) is commercial in confidence. If you are not the name addressee(s) or if you receive this email in error then any distribution, copying or use of this communication or the information in it is strictly prohibited. Please notify us immediately by email at admin.internet(at)awe.co.uk, and then delete this message from your computer. While attachments are virus checked, AWE pIc does not accept any liability in respect of any virus which is not detected. AWE PIc Registered in England and Wales Registration No 02763902 AWE, Aldermaston, Reading, RG7 4PR 3#