Shipments of hazardous materials (HAZMAT) must comply with the applicable provisions of 49 CFR, Subchapter C, U.S. Hazardous Materials Regulations (HMR), 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 Hazard Class 1 (HC1) Explosives, such as rockets, missiles, torpedoes, and explosives.

C7.16.1. 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 the United States. 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. Small arms cartridges for rifles, pistols, and shotguns with inert projectiles or blank ammunition not exceeding .50 caliber or 8 gauges do not require EX-Numbers if the manufacturer has assigned a hazardous classification code of 1.4S. Cartridges, small arms meeting the criteria of 49 CFR173.56(h) may be assigned a classification code of 1.4S by the manufacturer.

C7.16.2. Use of Department of Defense (DoD) EX-Numbers for export of Foreign Military Sales (FMS)-origin articles from the United States. DOT/PHMSA issues DoD-specific EX-Numbers for movement of DoD HC1 articles. The DoD EX-Number may be used for the initial export of FMS-origin HC1 articles from the United States if the materiel is moving through the DTS to the destination. Otherwise, FMS purchasers are responsible for obtaining appropriate EX Numbers.

C7.16.2.1. FMS-origin HC1 articles being moved by the Defense Transportation System to the purchaser’s country (Delivery Term Code (DTC) 7 and 9) may use the DoD EX-Number. Once custody of the materiel is transferred to the purchaser, the DoD EX-Number is no longer valid for the movement of FMS-origin HC1 articles.

C7.16.2.2. 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. DoD EX Numbers cannot be used for any subsequent movement outside of the United States.

C7.16.3. EX-Numbers issued to FMS Purchasers. Any commercial movement by the purchaser or its FMS freight forwarder of FMS HC1 materiel within the United States or the return of any HC1 materiel to the United States for any reason, such as repair, modification, upgrade, testing, or training exercises, requires that the purchaser first apply to DOT/PHMSA for an EX-Number following the process detailed under Section C7.16.4. DoD will provide needed documents. Any exemption to the EX-Number application process, known as a Special Permit, must be secured from DOT/PHMSA.

C7.16.4. 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 United States for any reason. 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.

C7.16.4.1. Applications.

Table C7.T7. Application Delivery Addresses

C7.16.4.1.1. Unmodified FMS Articles. A new EX-Number must be obtained by the FMS purchaser prior to any commercial transport in the United States 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 an official of the purchaser’s government:

Figure C7.F4. HC1 EX-Number Documentation

C7.16.4.1.2. 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 United States, 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:

Figure C7.F5. EX-Number Request Letter Information