{"operation":"document","citation":"10-0171","title":"AWE — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-04-08","effective_on":null,"summary":"10-0171 response to AWE concerning 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0171.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0171.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0171","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100171.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave. SE\nWashington. D.C. 20590\nAPR 0 8 2011 Mr. David A. Cocks\nHazard Classification Officer\nAWE\nAldermaston, Reading\nRG7 4PR Berkshire\nUnited Kingdom\nAPR 8 2011\nRef. No. 10-0171\nDear Mr. Cocks:\nThis letter responds to your e-mail inquiry requesting clarification of the approval process under\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to foreignmanufactured\nexplosives. Specifically, you ask whether a new explosive approved by a foreign\n(i.e., non-U.S.) competent authority must also be approved by the Competent Authority of the\nUnited States prior to U.S. import.\nThe answer is yes. Section § 173.56(1) of the HMR states in part that, the Associate\nAdministrator may approve a new explosive on the basis of an approval issued for the explosive\nby the competent authority of a foreign government. Once reviewed, a reciprocal approval is\nissued by the Associate Administrator, in writing, acknowledging whether the new explosive\nmay be transported in commerce to, through, or from, the United States.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\n~ ar.vszS\n~lLpJ05i tie:?\nFrom: Betts, Charles (PHMSA)\nSent: Friday, September 03, 2010 11:46 AM JD-OI71\nTo: Drakeford, Carolyn (PHMSA)\nCc: Singh, Harpreet (PHMSA)\nSubject: FW: Shipment of UK Explosives Substance for US Testing\nImportance: High\nCarolyn,\nPlease enter this in as a new request for interpretation and assign for proper handling.\nThanks,\nCharles\n-----Original Message----From:\nSingh, Harpreet (PHMSA)\nSent: Friday, September e3, 2ele 9:51 AM\nTo: Betts, Charles (PHMSA)\nSubject: FW: Shipment of UK Explosives Substance for US Testing\nImportance: High\nHi Charles- I think the response to below request pertaining to the regulations regarding\nthe transportation of UK explosives into the US and the transportation on US roadway should\nbe handled by your office. Please let me know if not.\nThanks,\nHarpreet\n-----Original Message----From:\nCarr, Kevin [mailto:KCarr@doeal.gov]\nSent: Friday, September e3, 2ele 9:15 AM\nTo: David.A.Cocks@awe.co.ukj Singh, Harpreet (PHMSA)\nCc: Ratchner, Christina; Watson, Spencer (PHMSA)\nSubject: Shipment of UK Explosives Substance for US Testing\nImportance: High\nGood morning David,\nI appreciate the inquiry for the shipment of KD/5 - TATB type B, Viton-A to LANL and LLNL\nutilizing the current UK flights into Kirtland AFB, NM. As the US DOE Primary Hazard\nClassifier, I only have the authority to issue IHC authority for US DOE articles and\nsubstances.\nSubstances created within the UK to be received in the US cannot be approved within the US\nDOE since I only have authority within the US. As you are aware, our competent authority\nwithin the US is the Department of Transportation who I have cc'd on this email. It is my\nunderstanding from discussion with Ms. Singh from the DoT that an EX number is required for\nUK explosives being received into the US for transportation on US roadways. I suggest that\nyou also contact the US DoT through UK protocols to ensure proper approval is coordinated in\nadvance of this shipment. Please feel free to contact me if you need any additional\ninformation regarding this issue.\nMs. Singh,\n1\n\n<<<PAGE 3>>>\n\nI would greatly appreciate any DoT guidance that you are able to provide regarding the\ncorrect protocol regarding the receipt of UK explosives into the US and transportation on US\nroadways. Primarily~ is an EX number required if the UK transports a UK manufactured\nsubstance to the US on a UK military transport? I feel confident that I can issue a DOE IHC\nto allow for public roadway shipment of the explosive\nsubstance from the airport to LANL and LLNL for testing.\nThank you for your support on this issue,\nKevin Carr, NN-4, DOE Civilian\nNNSA/SC/OSHD\n505-845-4888\n-----Original Message----From:\nDavid.A.Cocks@awe.co.uk [mailto:David.A.Cocks@awe.co.uk]\nSent: Friday, September 03, 2010 5:29 AM\nTo: Carr, Kevin\nCc: Ratchner, Christina\nSubject: Request for Assistance\nImportance: High\nDear Mr Kevin Carr,\nFirst I would like to introduce myself. I am the AWE Hazard Classification Officer (UN Class\n1). My role is to obtain Hazard Classifications for AWE on behalf of the UK Ministry of\nDefence. I am also the point of contact for all Class 1 Shipments into and out of AWE.\nI apply for Competent Authority Classifications for UN Class 1 consignments through the UK\nCompetent Authorities for shipments to AWE\non behalf of US Shippers and the UK Ministry of Defence.\nAWE on Behalf of the UK Ministry of Defence have a need to ship some UN Class 1 Substance\n(KD/5 - TATB type B, Viton-A) to LANL and LLNL for Test and Evaluation and I was hoping to\nutilise the RAF Flight in early November (Military Aircraft).\nUN Test Series 3 or equivalent data is available and the material has been assessed as safe\nfor transport.\nI am exploring the options and was hoping that you may be able to assist. The material will\nbe shipped under the 1958 Mutual Defence Agreement.\nIf you need confirmation of my role and position please contact Christina Ratchner. In the\npast I have spoken to Alan Herbach on these type of issues.\nIn the past shipments I believe may have been achieved in the following\nways:\n* Using UK Competent Authority Classification with mirrored US DOE\nIHC\n* Using UK Competent Authority Classification with mirrored US DOT\nEX\n* Using UK Competent Authority Classification and US Government /\nMilitary Transport with no IHC or EX\n2\n\n<<<PAGE 4>>>\n\nI understand that the subject may already been discussed with you and that you have advised\nthat we must obtain US DOT Classification and EX number prior to shipment.\nI understand that this is the standard requirement, but was hoping that other options may be\navailable to use.\nYour advice and guidance would be appreciated.\nWith thanks\nKind Regards\nDavid Cocks\nAAO\nDirect: 0118 982 7030\nAWE, Aldermaston, Reading, RG7 4PR\nThe information in this email and in any attachment(s) is commercial in confidence. If you\nare not the name addressee(s) or if you receive this email in error then any distribution,\ncopying or use of this communication or the information in it is strictly prohibited. Please\nnotify us immediately by email at admin.internet(at)awe.co.uk, and then delete this message\nfrom your computer. While attachments are virus checked, AWE pIc does not accept any\nliability in respect of any virus which is not detected.\nAWE PIc\nRegistered in England and Wales\nRegistration No 02763902\nAWE, Aldermaston, Reading, RG7 4PR\n3","truncated":false,"body_characters":6765}