Interpretation Response #15-0110 ([Mace Tactical Solution, LLC] [Mr. Garnett Meador])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Mace Tactical Solution, LLC
Individual Name: Mr. Garnett Meador
Location State: OH Country: US
View the Interpretation Document
Response text:
July 28, 2015
Mr. Garnett Meador
Mace Tactical Solutions, LLC
4400 Carnegie Avenue
Cleveland, OH 44103
Ref: No: 15-0110
Dear Mr. Meador:
This is in response to your June 8, 2015 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the use of a manufacturer’s EX number to ship munitions. Specifically you request confirmation that munitions purchased from a manufacturer and marked with your company name can be shipped using the explosive approval (EX approval) assigned to the manufacturer.
In your email, you state that your company purchases, but does not take physical possession of, munitions which have been classed and approved by the Pipeline and Hazardous Materials Safety Administration (PHMSA) in accordance with § 173.56. The manufacturer will mark the munitions with your company brand and ship them to your customers. The manufacturer will not change the munitions for which the EX approval was issued.
Your understanding is correct. Based on the information you provided, a new approval is not required. The munitions may be transported using the same EX approval as that given to the manufacturer. A new EX approval would be required if there is any change that would result in the munition meeting the defining criteria of a new explosive. A new explosive is an explosive produced by a person who has not previously produced that explosive, or has previously produced that explosive but has made a change in the formulation, design, or process so as to alter any of the properties of the explosive. PHMSA will assign an EX approval specific to that explosive and prescribe a suitable packing method.
I trust this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division
173.56