Interpretation Response #26-0005
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Raytheon
Individual Name: Steven Steuer
Location State: AZ Country: US
View the Interpretation Document
Response text:
September 3, 2026
Steven Steuer
LCE System Safety Engineer
Raytheon
1151 E Hermans Road
Tucson, AZ 85706
Reference No. 26-0005
Dear Mr. Steuer:
This letter is in response to your January 12, 2026 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the applicability of an existing letter of interpretation (LOI). Specifically, you request that our Office supplement previously issued LOI Ref. No. 13-0129 with information on whether the answer in A1 of that letter extends to foreign companies or foreign subsidiaries of American companies that are recognized as Department of Defense (DOD) suppliers or contractors. In addition, you ask whether such foreign companies or subsidiaries may also utilize explosives (EX) approvals issued to the DOD (such as EX2016080358) for the international transportation of the approved explosives to and from the United States. Finally, you note your understanding is that explosives manufactured for commercial purposes unrelated to the DOD would require a separate EX approval for transportation.
The example EX approval provided, as well as others that PHMSA has issued, includes a condition that the item must be "transported or offered for transportation by, or under the direction or supervision of, a component of the U.S. Department of Defense." A company, including a foreign subsidiary outside of the United States (i.e., a foreign company), acting under the direction or supervision of a component of the DOD, may transport approved items using the EX approval issued to the DOD.
The use of the DOD EX approval does not preclude the procuring of any other required approval(s). Finally, your understanding is correct that a manufacturer must request an EX approval for an item transported or offered for transportation without the direction or supervision of DOD. Such a manufacturer request must comply with § 173.56(b) and cannot be based solely on an EX approval issued to the DOD.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards and Development Branch
Standards and Rulemaking Division