Transportation of Developmental Explosives
Pipeline and Hazardous Materials Safety Administration · May 28, 1997 · Reference No. 97-0144
Interprets: 49 CFR § 173.56(e)
Reggie’s quick take
A manufacturer of developmental explosives asked whether hiring a third-party trucking company to haul unapproved explosives to a testing range meets the rule in § 173.56(e)(3) that requires transport in a motor vehicle operated by the owner of the explosive. The agency said no: a company may not contract a third party to transport these explosives. A company may lease a vehicle from a third party, but only if the owner or one of the owner's employees drives it, and all other limits in § 173.56(e) must also be met.
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 letter dated March 27, 1997, requesting clarification on shipping unapproved explosives for developmental testing to an explosive testing range using a third party transportation company under provisions of § 173.56(e)(3) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the use of a third party transportation company to haul the developmental explosive, specifiying exclusive use of the vehicle, satisfies the intent of the phrase "transported in a motor vehicle operated by the owner of the explosive" in § 173.56(e)(3).
The answer is no. You may not contract with a third party for the transportation of developmental explosives. However, you may lease a vehicle from a third party company, provided the owner (or an employee of the owner) drives the vehicle, and provided all limitations in § 173.56(e) are met.
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.