(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, classingclassification and approval. Except as provided in paragraph§§ (j)173.64, of173.65, thisand section173.67, 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 §§ 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
DOD
of
Ammunition
Defense
and
Explosives Hazard Classification Procedures (
TB 700-2
IBR
,
dated
see
December
§
1989
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 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
(UN Manual of Tests and Criteria
)
(IBR, see § 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
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 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
An
the requirements of paragraph (b) of this section, an
explosive may be transported under
§§
subparts
171.11,
B
171.12,
or
C of part
171
.12a
or § 176.11 of this subchapter without the approval of the Associate Administrator
for
as
Hazardous
required
Materials
by
Safety
paragraph
(b) of this section
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
(IBR
,
see § 171.7 of this subchapter),
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 § 173.54 of this subchapter;
(2) Ammunition for rifle, pistol,
shotgun,
or
shotgun
tools
;
(3) Ammunition with inert
or tracer
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 §§ 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.
(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:
[Reserved]
(1)
[Amdt.
The fireworks are manufactured in accordance with the applicable requirements in APA Standard 87
173
-
1;
(2) A thermal stability test is conducted on the device by the BOE
224
,
the
55
BOM,
FR
or
52617
the manufacturer
Dec
.
The
21,
test must be performed by maintaining the device
1990
,
or a representative prototype of a large device such
as
a
amended
display shell,
at
a
56
temperature
FR
of
66267,
75 °C (167 °F) for 48 consecutive hours
Dec
.
When a device contains more than one component
20
,
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
1991
;
and
(3)
Amdt.
The
173-234,
manufacturer
58
applies
FR
in
51532,
writing
Oct.
to the Associate Administrator for Hazardous Materials Safety following the applicable requirements in APA Standard 87-
1,
and
1993;
is
62
notified
FR
in writing by the Associate Administrator for Hazardous Materials Safety that the fireworks have been classed
51560
,
approved, and assigned an EX-number
Oct
.
Each application must be complete
1
,
including
1997;
all
63
relevant
FR
background data and copies of all applicable drawings
37461
,
test
July
results
10
,
and
1998;
any
64
other
FR
pertinent
10777,
information on each device for which approval is being requested
Mar
.
The
5,
manufacturer
1999;
must
66
sign
FR
the
45379,
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
Aug
.
If
28,
the
2001;
application
68
is
FR
denied
75743
,
the manufacturer will be notified in writing of the reasons for the denial
Dec
.
The
31,
Associate
2003;
Administrator
72
for
FR
Hazardous
25177,
Materials
May
Safety
3,
may
2007;
require
78
that
FR
the fireworks be examined by an agency listed in paragraph (b)(1) of this section.
[Amdt. 173-224
1074
,
55 FR 52617 Dec
Jan
.
21
7
,
1990,
2013;
as
78
amended at 56
FR
66267
42477
,
Dec.
July
20
16
,
1991
2013
;
Amdt.
83
173-234, 58
FR
51532
55809
,
Oct
Nov
.
1
7
,
1993
2018
;
62
85
FR
51560
75713
,
Oct
Nov
.
1
25
,
1997
2020
;
63
91
FR
37461
32903
,
July
June
10
2
,
1998
2026
]
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