C7.18. MOVEMENTS OF EXPLOSIVE MATERIAL BY COMMERCIAL CONVEYANCE
Shipments of hazardous materials (HAZMAT) must comply with the applicable provisions of 49 CFR, Subchapter C, U.S. Hazardous Materials Regulations (HMR), (reference (dk)), and international transportation standards. The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (DOT/PHMSA) regulates commercial conveyance of HAZMAT in the U.S. DOT/PMHSA issues authorizations, known as EX-Numbers, which are required for commercial conveyance of all HAZMAT containing any amount of Hazardous Class 1 (HC1) Explosives, such as rockets, missiles, torpedoes, and explosives.
C7.18.1. Use of EX-Numbers. A unique DOT/PHMSA-issued EX-Number is associated with every HC1 article and must be assigned before the article can be moved by commercial conveyance in U.S. As required by the HMR, each EX-Number provides an article's assigned Hazard Class and Division, proper shipping name, and United Nations (UN) identification number. An EX-Number can be filed for each HC1 article, or groups of articles that have the same UN identification number, hazard classification, and packaging instructions, rather than on a per-shipment basis. Most EX-Numbers also have the specific packaging/container requirements for the identified HC1 material. If alternative packaging arrangements are used, then a specific EX-number for packaging must be obtained from DOT/PHMSA.
C7.18.1.1. Use of DoD EX-Numbers for export of FMS-origin articles from the U.S. DOT/PHMSA issues DoD-specific EX-Numbers for movement of DoD HC1 articles. The DoD EX-Number may be used by the FMS Purchaser for the initial export from the U.S. to the Purchaser's country if the materiel is moving through the Defense Transportation System (DTS) to the destination. Otherwise, FMS Purchasers are responsible for obtaining all appropriate authorizations.
C7.18.1.1.1. FMS-origin HC1 articles being moved by the DTS to the Purchaser's country (DTC 7 and 9) may use the DoD EX-Number for the initial export. Once custody of the materiel is transferred to the Purchaser, the DoD EX-Number is no longer valid for the movement of FMS-origin HC1 articles.
C7.18.1.1.2. The DoD EX-Number may be used for the FMS Purchaser pick-up of HC1 at a DoD-controlled Port of Embarkation (DTC 8). The use of the DoD EX-Number by the Purchaser is valid only while the materiel remains in U.S. territorial jurisdiction and is immediately exiting the U.S. after being loaded into a waiting ship or aircraft owned or contracted by the FMS Purchaser. DoD EX Numbers cannot be used for any subsequent movement in the Purchaser's country or internationally. Any subsequent movement outside of the U.S. must use a Purchaser equivalent of an EX-Number.
C7.18.1.2. EX-Numbers issued to FMS Purchasers. Any commercial movement by the Purchaser or its freight forwarder of FMS HC1 materiel within the U.S. or the return of any HC1 materiel to the U.S. for any reason, such as repair, modification, upgrade, testing, or training exercises, requires that the Purchaser first apply directly to DOT/PHMSA for an EX-Number following the process detailed under C7.18.2. DoD will assist Purchaser applications for EX-Numbers by providing needed documents. Any exemption to the EX-Number application process, known as a Special Permit, must be secured directly from DOT/PHMSA without the assistance of DOD.
C7.18.2. Securing EX-Numbers from the U.S. Department of Transportation. Purchasers must apply for a DOT/PMHSA-issued EX-Number for each HC1 article if the materiel is expected to return to the U.S. for any reason. The application must originate from a Purchaser's internationally-recognized Competent Authority. Competent Authorities are recognized by the International Civil Aviation Organization (ICAO) and International Maritime Organization (IMO) as being able to coordinate a country's policies and procedures for HAZMAT movements with those of other governments. An application should be filed for each HC1 article, or groups of articles that have the same UN identification number, hazard classification, and packaging instructions, rather than on a per-shipment basis. The length of time an EX-Number is valid varies depending on the type of application filed. EX-Numbers must be obtained for FMS articles that remain in the original configurations and for FMS articles that have been modified from their originally-purchased configuration, including packaging.
C7.18.2.1. Applications. Application documentation for obtaining DOT/PMHSA-issued EX-Numbers must be addressed and mailed to:
U.S. Department of Transportation
Pipeline Hazardous Materials Safety Administration
Office of Hazardous Materials Safety
Approvals and Permits Divisionv
1200 New Jersey Avenue, SE
East Building, 2nd Floor, PHH-32
Washington, DC 20590-0001
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Electronic submittal of completed applications in pdf format can be emailed to: explo@DOT.gov, or applications may be completed and submitted online at: http://phmsa.DOT.gov/hazmat/regs/sp-a. An application submitted through the online system should receive an email confirmation containing a tracking number within 48 hours.
C7.18.2.1.1. Unmodified FMS Articles. A new EX-Number must be obtained by the FMS Purchaser prior to any commercial transport in the U.S. of FMS articles containing HC1 that remain in the original configuration with no modifications. The following documentation, all in English, is required to be submitted to DOT/PMHSA by the FMS Purchaser's Competent Authority:
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Request Letter. The request letter should clearly identify the article for which an EX-Number is being sought, including nomenclature, National Stock Number (NSN), part number, UN Number, proper shipping name, and Hazard Class/Explosive Division, as listed on its Competent Authority Documentation. It should also identify by name, U.S. address, U.S. phone number, and email, a designated agent that permanently resides in the U.S. (per 49 CFR � 105.40) for DOT/PHMSA to contact should more information be needed to evaluate the submitted application. The Purchaser can use a contact at its Embassy or Consulate located in the U.S. as the designated agent. The Purchaser's Competent Authority must submit its own authorization designating the hazard classification for each explosive article, which will be used by DOT/PHMSA as the basis of the EX-Number application. The Competent Authority authorization must:
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Include a statement indicating that the article is an initial delivery and that it has not been modified since being procured by the Purchaser.
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Include same hazard classification/product description/NSN/etc., as that used in the DoD EX-Number. This condition is necessary for the shipped article to properly clear U.S. Customs under the repair/return conditions specified in the LOA.
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Differentiate the asset from articles in DoD's inventory by including Unique Identification by adding of a designated Country Code suffix located in Table C4.T2. to the original P/N.
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Certification. If the item and/or packaging has not been changed since initial procurement from the U.S., then a statement to that effect must be included in the Competent Authority's application. The certification that the item has been maintained and stored in accordance with DoD-provided maintenance and storage procedures should be included.
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Unique Identification. DOT/PMHSA must have a unique way of identifying the HC1 material as belonging to that specific country. Table C4.T2. includes a three-digit suffix which should be added to the Part Number for all EX-Number applications. The unique identifier will also differentiate FMS articles from DoD material in the Joint Hazard Classification System (JHCS). If there is no Part Number, the Purchaser must use some other unique marking to identify the materiel as country-specific. The unique identifier must be marked on all packaging.
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Proof of Ownership. DOT/PHMSA must see proof of ownership for the materiel. The LOA cover page, including the page containing the item description for the article(s) that is/are being processed for a new EX-Number, is acceptable to identify the material as FMS-origin
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*Confirmation of Classification from DoD. The letter from a Recognized Cognizant Explosives Hazard Classifier supplied by the Implementing Agency can be used by DOT/PHMSA to support a Purchaser's EX-Number application that is submitted without technical documentation. This letter must be provided by a Recognized Cognizant Explosives Hazard Classifier with the authority to evaluate explosive materials per TB700-2 (reference (dk)).
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* Joint Hazard Classification System (JHCS) record printout sheet. This will be used in comparing the FMS-purchased materiel to DoD materiel. It is recommended that the hazard classification and UN identification number on the JHCS sheet be used by the Purchaser's Competent Authority to class its hazardous material.
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* Special Packaging Instructions (SPI), if applicable. SPIs are used to evaluate packaging, shipping, and handling requirements. If a SPI was used as part of the DoD EX-Number documentation, it will be required as part of the documentation for the Purchaser to obtain a new EX-Number.
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NOTE: * The Implementing Agency is responsible for providing this information to the Purchaser.
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C7.18.2.1.2. Modified FMS Articles. Modified articles are considered to be "new explosives" under 49 CFR � 173.56(a). Prior to movement of such assets in the U.S., a Purchaser's Competent Authority, as the "manufacturer" of the new explosive, must apply for and obtain a new EX-Number. The following set of informational documentation, all in English, is required to be submitted to DOT/PMHSA as an EX-Number application for modified FMS articles:
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Request Letter. The request letter:
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Specifies the regulation under which the approval is being sought and indicates both the asset product description and the entity or organization to be named on the EX-Number.
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Clearly provides the article product description (article and packaging configuration), highlighting details of all modifications relative to the original configuration purchased through FMS, particularly those potentially affecting the article's explosive energetics and means of initiation or ignition.
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Identifies by name, U.S. address, U.S. phone number, and email, an agent for service that permanently resides in the U.S. (per 49 CFR � 105.40), for DOT/PHMSA to contact should more information be needed to evaluate the application. The Purchaser can use a contact at its Embassy or Consulate located in the U.S. as the designated agent.
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Competent Authority Approval. The Purchaser's Competent Authority should issue an authorization indicating the product description, Part Number, NSN (if applicable), hazard classification/division, proper shipping name, UN identification number, and any relevant packaging instructions. The authorization must have a certified signature to be valid and should be included as an enclosure. NOTE: A new NSN is required if the form, fit, or function, or explosive energetics of the article has been modified.
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Provides as an enclosure, a copy of engineering diagrams or drawings specifically showing the physical arrangement of all explosive-containing subassemblies or assemblies that are parts of the modified article, to include illustration of the article's physical packaging arrangement.
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Provides as an enclosure, a copy of a table supplementing the engineering diagrams by providing the technical names, location callouts, and weights of all explosive compositions in the modified article's subassemblies and assemblies.
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A statement certifying, or not, that the item has been maintained and stored in accordance with DoD-provided maintenance and storage procedures.
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