[Code of Federal Regulations]
[Title 49, Volume 2, Parts 100 to 185]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.56]
[Page 404-407]
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 for
Hazardous Materials Safety, 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
[[Page 405]]
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 for Hazardous Materials Safety 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 Department of Defense Explosives Hazard Classification Procedures
(TB 700-2, dated December 1989); 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, dated December, 1989), 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 for Hazardous Materials Safety
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 for Hazardous Materials Safety 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
[[Page 406]]
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 for Hazardous Materials Safety
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 for Hazardous Materials Safety 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 for
Hazardous Materials Safety.
(g) Notwithstanding the requirements of paragraph (b) of this
section, an explosive may be transported under Secs. 171.11, 171.12,
171.12a or Sec. 176.11 of this subchapter without the approval of the
Associate Administrator for Hazardous Materials Safety if the Associate
Administrator for Hazardous Materials Safety 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 for Hazardous Materials Safety may specify a
classification or except the material or device from the requirements of
this subchapter.
[[Page 407]]
(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 for Hazardous Materials Safety 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 for Hazardous Materials Safety following the applicable
requirements in APA Standard 87-1, and is notified in writing by the
Associate Administrator for Hazardous Materials Safety 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 for Hazardous Materials Safety 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]
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