[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.56]

[Page 446-449]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS 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 Secs. 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

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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 Department of Defense Explosives Hazard Classification Procedures 
(TB 700-2); 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 Explosives Hazard 
Classification Procedures (TB 700-2), 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). 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--

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    (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 Secs. 171.11, 171.12, 
171.12a or 176.11 of this 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 Secs. 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;
    (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

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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]