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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #17-0130

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

Interpretation Response Details

Response Publish Date:

Company Name: Harrison Jet Guns II LP

Individual Name: James Shelton

Location State: TX Country: US

View the Interpretation Document

Response text:

June 29, 2018

James Shelton
Product Reliability / Network Administrator
Harrison Jet Guns II LP
6915 Hudson Village Creek Road
Kennedale, TX  76060

Reference No. 17-0130

Dear Mr. Shelton:

This letter is in response to your November 29, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to explosive approval numbers (EX-Numbers).  Specifically, you ask whether an explosive may continue to be shipped under a current EX-Number when a change is made in the formulation, design, or process so as to not alter any of the properties of the explosive, (e.g. a change that reduces the explosive content contained in a charge) if both: (1) a "not a new explosive letter" is issued by an explosives lab; and (2) an associated tracking number has been obtained from the U.S. Department of Transportation (DOT).

The answer is yes.  Except as provided in §§ 173.64 and 173.65, 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.  For the purposes of the HMR, a "new explosive" means an explosive produced by a person who has previously produced an explosive but has made a change in the formulation, design, or process so as to alter any of the properties of the explosive.  However, an explosive will not be considered a "new explosive" if an agency listed in § 173.56(b) has determined, and confirmed in writing to the Associate Administrator, that there are no significant differences in hazard characteristics from the explosive previously approved.  Therefore, submission of the "not a new explosive letter" to PHMSA and receiving the associated tracking number provided by the DOT satisfies the written confirmation requirement prescribed in § 173.56(a)(2).

I hope this information is helpful.  Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.64, 173.65, 173.56(b), 173.56(a)(2)

Regulation Sections

Section Subject
173.64 Exceptions for Division 1.3 and 1.4 fireworks
173.65 Exceptions for Division 1.4G consumer fireworks