PHMSA letter of interpretation

Definition of New Explosive

Pipeline and Hazardous Materials Safety Administration · Nov 15, 2001 · Reference No. 01-0262

Interprets: 49 CFR § 173.56

Reggie’s quick take

A company asked whether it could use its customer's EX and UN numbers for booster charges. The company's customer supplies the explosive fill and assemblies, and the company does the melt-pour filling. The agency's answer is that this product meets the definition of a new explosive under § 173.56(a). Because of that, the company must apply for approval under § 107.705 before shipping it. The customer's existing numbers do not cover it.

Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.

This is in response to your September 28, 2001 letter concerning the shipment of explosives under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether you may use your customer's EX and UN numbers for booster charges. You state that your customer will supply the explosive fill and assemblies and that your company will perform the filling of the booster charges by melt pouring.

Based on the information in your letter, the product you propose to transport meets the definition for a new explosive under § 173.56(a) and you must submit an application for approval in accordance with § 107.705.

A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.