Interpretation Response #13-0129 ([Lockheed Martin Corporation] [Ms. Mary P. Morningstar])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 11/12/2013

Company Name: Lockheed Martin Corporation

Individual Name: Ms. Mary P. Morningstar

Location State: MD Country: US

View the Interpretation Document

Response text:

November 12, 2013

Ms. Mary P. Morningstar
Lockheed Martin Corporation
6801 Rockledge Drive, MP 223
Bethesda, MD  20817

Reference No. 13-0129

Dear Ms. Morningstar:

This is in response to your June 18, 2013 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of explosives.  Your questions are paraphrased and answered below:

Q1: You ask for clarification on the use of approvals issued to the Department of Defense (DOD).  You note that the approvals issued to DOD contain the statement “These items are authorized for transportation only when transported by, or under the direction or supervision of, a component of the DOD.”  You ask if it is permissible for Lockheed Martin, as an integral part of the DOD supply chain, to use such approvals for the transportation of explosives under its DOD contracts.

A1: The answer is yes.  Provided Lockheed Martin is transporting explosives offered for transportation by, or under the direction or supervision of a component of the DOD, a separate approval would not be required.

Q2:   You also ask for clarification on the proper format for older EX numbers that do not have expiration dates. You note that older explosives approvals are formatted as “EX” followed by seven digits.  The current format is “EX” followed by ten digits, with the first two digits indicating the year of issuance.  You ask if it is permissible to use the old EX number format for approvals that do not expire for the purposes of package markings and shipping paper descriptions.

A2:   Currently, nothing in § 172.320 prohibits the use of the old seven digit EX number format for approvals that do not expire.  However, any EX number with the seven digit format must be associated with a current UN identification number and proper shipping name.  In addition, the EX number in the seven digit format must be associated with a current packaging note within § 173.62.  If any of these items is no longer current, the shipper must re-apply for an updated approval with a current/valid UN proper shipping name and packaging note.

I trust this satisfies your request.  Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

172.320, 173.62

Regulation Sections