Interpretation Response #10-0087 ([US Dynamics Corporation] [Mr. George Jantzen])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: US Dynamics Corporation
Individual Name: Mr. George Jantzen
Location State: NY Country: US
View the Interpretation Document
Response text:
May 28, 2010
Mr. George Jantzen
US Dynamics Corporation
425 Bayview Avenue
Amityville, New York 11758
Ref. No. 10-0087
Dear Mr. Jantzen:
This responds to your April 9, 2010 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that your company purchases a small explosive device from your supplier. It comes with the suppliers approval number (i.e., EX-number). Your company then installs the unaltered part into a gyroscope prior to shipment. Specifically, you ask if you must apply for a separate explosive approval number (i.e., EX-number) for the assembled gyroscope even though you have not altered the explosive component in any way.
The answer is yes. By installing a previously approved explosive device into a new article, you have altered the design. As a result, the proper shipping name and class may no longer be appropriate, depending on how the explosive device is installed, the overall size and the packaging. Thus, the article is a new explosive as defined in § 173.56(a) and must be examined, classed, and approved in accordance with § 173.56.
I hope this information is helpful. If you have further questions, please contact this office.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
173.56