Pacific Scientific Energetic Materials Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue SE Washmgton. DC 20590 DEC 1 3 2012 Mr. Timothy S. Dillon Environmental Health and Safety Manager Valencia Advanced Technology Center Pacific Scientific Energetic Materials Company 24908 A venue Kearny Valencia, CA 91355 Reference No. 12-0198 Dear Mr. Dillon: This is in response to your September 5, 2012letter requesting clarification of the requirements for explosive testing "by analogy" under the Hazardous Materials Regulations (HMR; 49 CPR Parts 171-180). In your letter, you state the explosive articles for which you request this relief are in three categories: 1) they have the same part but different part numbers on two or more articles in the device due to customer requirements, such as a dash number or letter designation; 2) they have similar parts with the same energetic material and article function, including a mechanical change from the first article, such as a change in thread size or a different connector; or 3) they have similar parts with similar functions but the upper level assemblies of the devices are different, e.g., airplane versus helicopter/missile versus rocket, with the same or less net explosive weight and different part number. You ask if your clients may use test laboratories other than the original laboratory that performed the test when: 1) the original laboratory is unable to meet the delivery schedule established by your company and your customer, or 2) the original laboratory is unable to meet the quality and supply chain requirements as a vendor approved by your company's Department of Defense customers. The answer is no. The Pipeline and Hazardous Materials Safety Administration (PHMSA) permits an explosive to be classified "by analogy" only by the laboratory that performed the original classification tests on the material. PHMSA does not permit another laboratory to review test work it did not perform on an explosive material and draw classification analogies for this material after the explosive or the device in which it is placed have been altered. I hope this satisfies your request. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2!i!acrFsc: SCIEnTIFIC ENERGETIC MATERIALS CO. 5 September 2012 Pipeline Hazardous Materials Safety Administration East Building, 1200 New Jersey Avenue, Southeast Washington D.C. 20590 ATTN: Charles Betts, Director Rulemaking and Standards, PHH-10 SUBJECT: Request alternative test laboratory concerning "by analogy'' classification on articles or substances. Reference: 49CFR§ 173.56 New Explosives-definition and procedures for classification and approval. Mr. Betts, Pacific Scientific EMC requests the opportunity to utilize alternative PHMSA approved test laboratories for by analogy classification. Pacific Scientific's by analogy articles fall into three categories: a) Same part but different part numbers on two or more articles due to customer requirements (i.e. dash number or letter designation). · b) Similar parts, with the same energetic material and article function. A mechanical change from the first article (i.e. change in thread size or different connector). c) Similar parts with similar function but upper level assemblies are different (airplane vs. helicopter/missile vs. rocket) with the same or less net explosive weight (N.E.W.) and a different part number. PHMSA policy requires when a by analogy article or substance is classified, the original test laboratory will examine the by analogy article. Pacific Scientific requests the opportunity to choose any PHMSA approved laboratory for the following reasons: 1. The original laboratory is unable to meet the delivery schedule contractually established by Pacific Scientific and our Customer. 2. The original laboratory is unable to meet the quality requirements and supply chain management requirements as an approved vendor established by Pacific Scientific Department of Defense customers. (Defense Federal Acquisition Regulation (DF AR). Pacific Scientific would also request that section a. be considered a marketing requirement. If prior test results and EX (letter of approval is provided to DOT/PHMSA, an evaluation by a laboratory is not required. \ -~~~~ Timothy S. Dillon, Environmental Health and Safety Manager Valencia Advanced Technology Center Pacific Scientific Cc: Eileen Edmonson 24908 Avenue Kearny • Valencia, CA 91355 Telephone (661) 600-1100 • Fax (661) 600-1101#