Interpretation Response #05-0038 ([AMTEC Corporation] [Mr. Michael Penna])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: AMTEC Corporation
Individual Name: Mr. Michael Penna
Location State: WI Country: US
View the Interpretation Document
Response text:
Mar 16, 2005
Mr. Michael Penna Reference No. 05-0038
AMTEC Corporation
4230 Capital Circle
Janesville, WI 53546
Dear Mr. Penna:
This is in response to your February 3, 2005 letter, and March 10, 2005 telephone conversation with a member of my staff concerning the use of EX numbers for parts, sub- assemblies, and assemblies containing Class 1 material that are transported to a commercial facility for demilitarization under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). We have paraphrased and responded to the two examples you provided.
Example 1. May finished residual parts or subassemblies manufactured by another subcontractor and assigned a Department of Transportation EX number be shipped to a commercial facility for demilitarization under a Department of Defense (DOD) prime .contract or subcontract?
Answer 1. The answer is yes, as stated in § 173.7(a), provided the finished residual parts and subassemblies are not modified in any way and are packaged as specified in the HMR.
Example 2. May AMTEC Corporation manufacture residual end-item subassemblies and assemblies, assign each of these items an EX number from the Joint Hazard Classification System (JHCS) database managed by the U.S. Army, and then under a DOD prime contract or subcontract ship these items to a commercial facility for demilitarization?
Answer 2. The answer is yes, provided the DOD accepts responsibility for each of the EX number assignments by granting its permission for their use See § 173 .56(b)(2).
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
175.56