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Interpretation Response #06-0157 ([Regulatory Resources] [Mr. Wade Winters])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Regulatory Resources

Individual Name: Mr. Wade Winters

Location State: WA Country: US

View the Interpretation Document

Response text:

Feb 12, 2007


Mr. Wade Winters                 Reference No. 06-0157
Regulatory Resources
240 Joshua Road
Kennewick, WA 99338

Dear Mr. Winters:

This is in response to your July 15, 2.006 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-180) applicable to the classification of explosives.

In your letter, you state that the Department of Transportation (DOT) authorizes the Department of Defense (DOD) or the Department of Energy (DOE) the authority to class and approve a new explosive. You state that waste material generated from DOD or DOE development, research or processing of explosives may contain explosive materials in various concentrations. You ask whether DOD or DOE has the authority to remove the “Class 1 explosive” designation from waste material that has been contaminated with explosive materials, but does not meet the criteria to be classed as an explosive when subjected to explosive classification resting by DOD or DOE.

For clarification, the Department of Transportation is the sole approval authority for the transportation of explosives or explosive waste in commerce. DOD and DOE are authorized to class explosives for their internal uses.

Under your scenario, waste material that has been contaminated with explosive materials will not have a pre-existing “Class 1 explosive” designation because it is a “new explosive.” As defined in § 173.56, a “new explosive” is an explosive produced y a person who has not previously produced that explosive or has previously produced that explosive but has made a change in the formulation, design or process so as to alter the properties of the explosive.

Your material meets this definition, and, therefore, is subject to the classification and approval procedures for a new explosive as required under § 173.56 of the HMR.

I trust this satisfies your inquiry.



Edward T. Mazzullo
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.56 New explosives-definition and procedures for classification and approval