[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR173.56]



[Page 466-468]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 173_SHIPPERS_GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS

--Table of Contents

 

     Subpart C_Definitions, Classification and Packaging for Class 1

 

Sec. 173.56  New explosives--definition and procedures for classification 

and approval.



    (a) Definition of new explosive. For the purposes of this subchapter 

a new explosive means an explosive produced by a person who:

    (1) Has not previously produced that explosive; or

    (2) 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. An explosive will not be considered a ``new 

explosive'' if an agency listed in paragraph (b) of this section has 

determined, and confirmed in writing to the Associate Administrator, 

that there are no significant differences in hazard characteristics from 

the explosive previously approved.

    (b) Examination, classing and approval. Except as provided in 

paragraph (j) of this section, no person may offer a new explosive for 

transportation unless that person has specified to the examining agency 

the ranges of composition of ingredients and compounds, showing the 

intended manufacturing tolerances in the composition of substances or 

design of articles which will be allowed in that material or device, and 

unless it has been examined, classed and approved as follows:

    (1) Except for an explosive made by or under the direction or 

supervision of the Department of Defense (DOD) or the Department of 

Energy (DOE), a new explosive must be examined and assigned a 

recommended shipping description, division and compatibility group, 

based on the tests and criteria prescribed in Sec. Sec. 173.52, 173.57 

and 173.58. The person requesting approval of the new explosive must 

submit to the Associate Administrator a report of the examination and 

assignment of a recommended shipping description, division, and 

compatibility group. If the Associate Administrator finds the approval 

request meets the regulatory criteria, the new explosive will be 

approved in writing and assigned an EX number. The examination must be 

performed by a person who is approved by the Associate Administrator 

under the provisions of subpart H of part 107 of this chapter and who--

    (i) Has (directly, or through an employee involved in the 

examination) at least ten years of experience in the examination, 

testing and evaluation of explosives;

    (ii) Does not manufacture or market explosives, and is not 

controlled by or financially dependent on any entity that manufactures 

or markets explosives, and whose work with respect to explosives is 

limited to examination, testing and evaluation; and

    (iii) Is a resident of the United States.

    (2) A new explosive made by or under the direction or supervision of 

a component of the DOD may be examined, classed, and concurred in by:

    (i) U.S. Army Technical Center for Explosives Safety (SMCAC-EST), 

Naval Sea Systems Command (SEA-9934), or Air Force Safety Agency (SEW), 

when approved by the Chairman, DOD Explosives Board, in accordance with 

the DOD Explosives Hazard Classification Procedures (IBR, see Sec. 

171.7 of the subchapter); or

    (ii) The agencies and procedures specified in paragraph (b)(1) of 

this section.

    (3) A new explosive made by or under the direction or supervision of 

the Department of Energy (DOE) may be--

    (i) Examined by the DOE in accordance with the DOD Explosives Hazard



[[Page 467]]



Classification Procedures, and must be classed and approved by DOE; or

    (ii) Examined, classed, and approved in accordance with paragraph 

(b)(1) of this section.

    (4) For a material shipped under the description of ``ammonium 

nitrate-fuel oil mixture (ANFO)'', the only test required for 

classification purposes is the Cap Sensitivity Test--Test Method 5(a) 

prescribed in the Explosive Test Manual (UN Manual of Tests and 

Criteria) (IBR, see Sec. 171.7 of the subchapter). The test must be 

performed by an agency listed in paragraph (b)(1), (b)(2), or (b)(3) of 

this section, the manufacturer, or the shipper. A copy of the test 

report must be submitted to the Associate Administrator before the 

material is offered for transportation, and a copy of the test report 

must be retained by the shipper for as long as that material is shipped. 

At a minimum, the test report must contain the name and address of the 

person or organization conducting the test, date of the test, 

quantitative description of the mixture, including prill size and 

porosity, and a description of the test results.

    (c) Filing DOD or DOE approval report. DOD or DOE must file a copy 

of each approval, accompanied by supporting laboratory data, with the 

Associate Administrator and receive acknowledgement in writing before 

offering the new explosive for transportation, unless the new explosive 

is:

    (1) Being transported under paragraph (d) or (e) of this section; or

    (2) Covered by a national security classification currently in 

effect.

    (d) Transportation of explosive samples for examination. 

Notwithstanding the requirements of paragraph (b) of this section with 

regard to the transportation of a new explosive that has not been 

approved, a person may offer a sample of a new explosive for 

transportation, by railroad, highway, or vessel from the place where it 

was produced to an agency identified in paragraph (b) of this section, 

for examination if--

    (1) The new explosive has been assigned a tentative shipping 

description and class in writing by the testing agency;

    (2) The new explosive is packaged as required by this part according 

to the tentative description and class assigned, unless otherwise 

specified in writing by the testing agency; and,

    (3) The package is labeled as required by this subchapter and the 

following is marked on the package:

    (i) The words ``SAMPLE FOR LABORATORY EXAMINATION'';

    (ii) The net weight of the new explosive; and

    (iii) The tentative shipping name and identification number.

    (e) Transportation of unapproved explosives for developmental 

testing. Notwithstanding the requirements of paragraph (b) of this 

section, the owner of a new explosive that has not been examined or 

approved may transport that new explosive from the place where it was 

produced to an explosives testing range if--

    (1) It is not a primary (a 1.1A initiating) explosive or a forbidden 

explosive according to this subchapter;

    (2) It is described as a Division 1.1 explosive (substance or 

article) and is packed, marked, labeled, described on shipping papers 

and is otherwise offered for transportation in conformance with the 

requirements of this subchapter applicable to Division 1.1;

    (3) It is transported in a motor vehicle operated by the owner of 

the explosive; and

    (4) It is accompanied by a person, in addition to the operator of 

the motor vehicle, who is qualified by training and experience to handle 

the explosive.

    (f) Notwithstanding the requirements of paragraphs (b) and (d) of 

this section, the Associate Administrator may approve a new explosive on 

the basis of an approval issued for the explosive by the competent 

authority of a foreign government, or when examination of the explosive 

by a person approved by the Associate Administrator is impracticable, on 

the basis of reports of tests conducted by disinterested third parties, 

or may approve the transportation of an explosives sample for the 

purpose of examination by a person approved by the Associate 

Administrator.

    (g) Notwithstanding the requirements of paragraph (b) of this 

section, an explosive may be transported under Sec. Sec. 171.11, 

171.12, 171.12a or 176.11 of this



[[Page 468]]



subchapter without the approval of the Associate Administrator if the 

Associate Administrator has acknowledged, in writing, the acceptability 

of an approval issued by the competent authority of a foreign government 

pursuant to the provisions of the UN Recommendations, the ICAO Technical 

Instructions, the IMDG Code, or other national or international 

regulations based on the UN Recommendations. In such a case, a copy of 

the foreign competent authority approval, and a copy of the written 

acknowledgement of its acceptance must accompany each shipment of that 

explosive.

    (h) The requirements of this section do not apply to cartridges, 

small arms which are:

    (1) Not a forbidden explosive under Sec. 173.54 of this subchapter;

    (2) Ammunition for rifle, pistol, or shotgun;

    (3) Ammunition with inert projectile or blank ammunition; and

    (4) Ammunition not exceeding 50 caliber for rifle or pistol 

cartridges or 8 gauge for shotgun shells.



Cartridges, small arms meeting the criteria of this paragraph (h) may be 

assigned a classification code of 1.4S by the manufacturer.

    (i) If experience or other data indicate that the hazard of a 

material or a device containing an explosive composition is greater or 

less than indicated according to the definition and criteria specified 

in Sec. Sec. 173.50, 173.56, and 173.58 of this subchapter, the 

Associate Administrator may specify a classification or except the 

material or device from the requirements of this subchapter.

    (j) Fireworks. Notwithstanding the requirements of paragraph (b) of 

this section, Division 1.3 and 1.4 fireworks may be classed and approved 

by the Associate Administrator without prior examination and offered for 

transportation if the following conditions are met:

    (1) The fireworks are manufactured in accordance with the applicable 

requirements in APA Standard 87-1 (IBR, see Sec. 171.7 of this 

subchapter);

    (2) A thermal stability test is conducted on the device by the BOE, 

the BOM, or the manufacturer. The test must be performed by maintaining 

the device, or a representative prototype of a large device such as a 

display shell, at a temperature of 75 [deg]C (167 [deg]F) for 48 

consecutive hours. When a device contains more than one component, those 

components which could be in physical contact with each other in the 

finished device must be placed in contact with each other during the 

thermal stability test; and

    (3) The manufacturer applies in writing to the Associate 

Administrator following the applicable requirements in APA Standard 87-

1, and is notified in writing by the Associate Administrator that the 

fireworks have been classed, approved, and assigned an EX-number. Each 

application must be complete, including all relevant background data and 

copies of all applicable drawings, test results, and any other pertinent 

information on each device for which approval is being requested. The 

manufacturer must sign the application and certify that the device for 

which approval is requested conforms to APA Standard 87-1 and that the 

descriptions and technical information contained in the application are 

complete and accurate. If the application is denied, the manufacturer 

will be notified in writing of the reasons for the denial. The Associate 

Administrator may require that the fireworks be examined by an agency 

listed in paragraph (b)(1) of this section.



[Amdt. 173-224, 55 FR 52617 Dec. 21, 1990, as amended at 56 FR 66267, 

Dec. 20, 1991; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; 62 FR 51560, 

Oct. 1, 1997; 63 FR 37461, July 10, 1998; 64 FR 10777, Mar. 5, 1999; 66 

FR 45379, Aug. 28, 2001; 68 FR 75743, Dec. 31, 2003]