{"operation":"document","citation":"15-0110","title":"Mace Tactical Solution, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-07-28","effective_on":null,"summary":"15-0110 response to Mace Tactical Solution, LLC concerning 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0110.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0110.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0110","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150110.pdf","body":"<<>>\n\nof Transportation\nU.S. Department\nWashington. DC 20590\n1200 New Jersey Avenue SE\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMr. Garnett Meador\nMace Tactical Solutions, LLC\nJUL. 2 8 2015\n4400 Carnegie Avenue\nCleveland, OH 44103\nRef: No: 15-0110\nDear Mr. Meador:\nThis is in response to your June 8, 2015 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) regarding the use of a manufacturer's\nEX number to ship munitions. Specifically you request confirmation that munitions\npurchased from a manufacturer and marked with your company name can be shipped using\nthe explosive approval (EX approval) assigned to the manufacturer.\nIn your email, you state that your company purchases, but does not take physical possession\nof, munitions which have been classed and approved by the Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) in accordance with § 173.56. The manufacturer\nwill mark the munitions with your company brand and ship them to your customers. The\nmanufacturer will not change the munitions for which the EX approval was issued.\nYour understanding is correct. Based on the information you provided, a new approval is\nnot required. The munitions may be transported using the same EX approval as that given\nto the manufacturer. A new EX approval would be required if there is any change that\nwould result in the munition meeting the defining criteria of a new explosive. A new\nexplosive is an explosive produced by a person who has not previously produced that\nexplosive, or has previously produced that explosive but has made a change in the\nformulation, design, or process so as to alter any of the properties of the explosive. PHMSA\nwill assign an EX approval specific to that explosive and prescribe a suitable packing\nmethod.\nI trust this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<>>\n\nAntonelli.\n173:545\nGoodall, Shante CTR (PHMSA)\nExplosive\nFrom:\nGeller, Shelby CTR (PHMSA)\n15-0110\nSent:\nTo:\nMonday, June 08, 2015 3:21 PM\nHazmat Interps\nSubject:\nFW: Requesting Formal Interpretation\nHi Shante and Alice,\nAttached is a request for a formal letter of interpretation. Mr. Meador spoke with Jordan Rivera in the HMIC\nThanks,\nShelby\nFrom: Garnett Meador [mailto:Garnett@mace.com]\nSent: Monday, June 08, 2015 10:15 AM\nTo: Garnett Meador; INFOCNTR (PHMSA)\nSubject: Requesting Formal Interpretation\nDear Department of Transportation -\nI have had several conversation with the info center and want to get a formal interpretation.\nI am with a company called Mace Tactical Solutions LLC (\"Mace\"). Mace recently entered into a contract with a\nmanufacturer of less lethal munitions (\"Manufacturer\"). The Manufacturer is licensed by the BATE as manufacturers of\nfirearms and explosives. Mace is properly licensed with the BATE so that it can sell the munitions and have the\nmunitions marked with the Mace brand (that is, private labeled by the Manufacturer). Mace itself will NOT engage in\nany manufacturing. Every munition will continue to be manufactured by Manufacturer. The munitions manufactured for\nMace will be the same products, with no changes. The products manufactured are shipped under a 1.4 Classification and\npurchasing these munitions from Manufacturer and has the exclusive right to sell the munitions in the US. Mace will\nto the law enforcement department buyer.\nBy way of summary: (i) the munitions will be manufactured by the Manufacturer, as they always have been; (ii) the\nmuntions will be private labeled with the Mace brand name; (il) the munitions will never be physically in the possession\nof Mace; (iv) the munitions will never leave the Manufacturer's facility, until shipped to the law enforcement\ndepartment purchaser; (v) the Manufacturer applied for and received EX number for the munitions in question; (vi)\nproduct (munitions) for which the EX numbers were granted is not changing in any manner; and (vii) munitions will be\ndrop-shipped from the Manufacturer's facility, by the Manufacturer, to the law enforcement department purchaser.\nFrom Mace's conversations with the DOT and our review of laws and DOT clarifications (including the clarification\nincluded below), it appears clear that the munitions in question can be shipped under the EX Numbers already issued by\nthe DOT to the Manufacturer. However, since Mace will technically become the owner of the munitions (although Mace\nwill never take physical possession of the munitions) and the munitions will be marked under the Mace brand, we want\nto confirm that new EX numbers will not have to be applied for by Mace and that the munitions can be shipped under\nthe existing EX numbers.\nThank you,\n\n<<>>\n\nGarnett R. Meador, SVP & General Counsel\nMace Tactical Solutions LLC Midtown : 4400 Carnegie Avenue Cleveland, OH 44103\ndirect 440.424.5393 efax 440.424.4156\nwww.mace.com »\nTnis emai and ail atradments ens privileged, confidental information, trade secret materal and propretary information of Made Security Internationa\nnave receiven this email in error, please notify the sender imediately and then delete the amail and artachments from your computer and email server.\nneithe render of this emailis not the intended reapient, distribution, copying, on storage bithis communication an artachments is pronibited Iiyou\nFrom: Garnett Meador\nTo: infocntr@dot.gov\nSent: Thursday, May 21, 2015 7:31 PM\nSubject: Fwd: Jordan\nSent from my iPhone\nBegin forwarded message:\nFrom: Garnett Meador \nDate: May 21, 2015, 3:01:21 PM EDT\nTo: \"infocntr@dot.com\" \nSubject: Jordan\n[Federal Register Volume\n[Rules and Regulations]\n77, Number\n3\n(Thursday, January\n5, 2012)]\n[Pages 429-431]\nFrom the Federal Register Online via\n[www.gpo.gov]\nthe Government Printing Office\n[ER DoC No:\n2011-33853]\nII. Background\nEX classification approval issued by PHMSA, commonly referred to as an\nThe transportation of an explosive (fireworks device) requires an\nEX number. The EX number is a unique\n[ [Page 430]]\nidentifier that indicates the device has been classed and approved for\nspecified in 49 CFR 173.56 ()) and the American Pyrotechnic Association\ntransportation in the U.S., and is specific to a particular device as\n(APA) |\nPHMSA understands that it is a common industry practice for\nStandard 87-1.\nunder different trade names. Further, in the past, each retailer,\nfireworks devices produced by one manufacturer to be marketed and sold\nimporter\nand\nreceived an EX classification approval for the identical fireworks\nor distributor, in addition to the manufacturer, applied for\napplications and issuing multiple approvals for the same fireworks\ndevice. This practice resulted in PHMSA processing multiple\n2\n\n<<>>\n\ndevice. This redundant and burdensome process did not promote the safe\nthe conduct of business for both the fireworks industry and PHMSA.\ntransportation of explosives (fireworks devices); instead, it impeded\nfireworks classification approvals only to fireworks manufacturers, and\nOn June 29, 2011, we issued a clarification of our policy to issue\nmanufacturers or their U.S. designated agents. This policy\naccept fireworks classification applications only from fireworks\nclarification was intended to restate the requirements of the Hazardous\nMaterials Regulations (HMR), enhance safety by ensuring accountability\nEX classification approvals being issued for identical fireworks\nof manufacturing, and reducing the number of duplicate applications and","truncated":false,"body_characters":7608}