C.F.R. » Title 49 » CHAPTER I—PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER C—HAZARDOUS MATERIALS REGULATIONS › PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS › Subpart C—Definitions, Classification and Packaging for Class 1

49 C.F.R. § 173.50

Class 1—Definitions

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(a) Explosive. For the purposes of this subchapter, an explosive means any substance or article, including a device, which is designed to function by explosion (i.e., an extremely rapid release of gas and heat) or which, by chemical reaction within itself, is able to function in a similar manner even if not designed to function by explosion, unless the substance or article is otherwise classed under the provisions of this subchapter. The term includes a pyrotechnic substance or article, unless the substance or article is otherwise classed under the provisions of this subchapter.

(b) Explosives in Class 1 are divided into six divisions as follows:

(1) Division 1.1 consists of explosives that have a mass explosion hazard. A mass explosion is one which affects almost the entire load instantaneously.

(2) Division 1.2 consists of explosives that have a projection hazard but not a mass explosion hazard.

(3) Division 1.3 consists of explosives that have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard.

(4) Division 1.4 consists of explosives that present a minor explosion hazard. The explosive effects are largely confined to the package and no projection of fragments of appreciable size or range is to be expected. An external fire must not cause virtually instantaneous explosion of almost the entire contents of the package.

(5) Division 1.51 consists of very insensitive explosives. This division is comprised of substances which have a mass explosion hazard but are so insensitive that there is very little probability of initiation or of transition from burning to detonation under normal conditions of transport.

1 The probability of transition from burning to detonation is greater when large quantities are transported in a vessel.

(6) Division 1.62 consists of extremely insensitive articles that do not have a mass explosion hazard. This division is comprised of articles which predominately contain extremely insensitive substances and that demonstrate a negligible probability of accidental initiation or propagation.

2 The risk from articles of Division 1.6 is limited to the explosion of a single article.

[Amdt. 173-224, 55 FR 52617 Dec. 21, 1990, as amended at 56 FR 66267, Dec. 20, 1991; 66 FR 45183, Aug. 28, 2001; 68 FR 48569, Aug. 14, 2003; 78 FR 1074, Jan. 7, 2013; 82 FR 15876, Mar. 30, 2017]
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1973–2024 · leading case: Gaines-Tabb v. Ici Explosives USA, Inc., 995 F. Supp. 1304 (W.D. Okla. 1996).
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Gaines-Tabb v. Ici Explosives USA, Inc., 995 F. Supp. 1304 (W.D. Okla. 1996). · cites it 2× “See 49 C.F.R. § 173.50 . The HazMat Regulations contain a listing of hazardous materials for purposes of transportation of those materials and identifies the hazard class for each such listed material.”
Snap-N-Pops, Inc. v. Browning, 432 F. Supp. 360 (E.D. Va. 1977). · cites it 2× “, 49 C.F.R. § 173.50 (DOT Regulations). 2 The decomposition of silver azide in Snap ‘n’ Pops does result in the production of solid silver, gaseous nitrogen, and a minute quantity of heat, and is, thus, within the technical sense, an explosion.”
MCR Oil Tools v. TRAN, 110 F.4th 677 (5th Cir. 2024). “” By including a deictic term, the provision instructs us to look for “a specific [explosive] previously mentioned.”
Bd. of Cnty. Com'rs of Laramie Cty. v. Dunnegan, 884 P.2d 35 (Wyo. 1994). “” 49 C.F.R. parts 173.50(b)(4) & 173.53. The “Class C” designation also exists in the Wyoming Motor Vehicles Act which defines and classifies explosives.”
United States v. Ronald Lee Illingworth, 489 F.2d 264 (10th Cir. 1973). “See 49 C.F.R. §§ 173.50 , 173.51, 173.52, 173.”
Selvage v. Gainey Transp. Serv., Inc., 859 So. 2d 813 (La. Ct. App. 2003). “67 , the predesignation of an alternative route is required only when the motor carrier is transporting class 1 explosives as defined in 49 C.F.R. §173.50 . Liquefied petroleum gas is not an explosive for purposes of the statute and, accordingly, the statute is inapplicable.”
Gunderson v. Hood, 123 F. Supp. 2d 1219 (D. Or. 2000). “49 C.F.R. § 173.50 et seq. However, the BOP exclusions are based on the nature of the offense for which the inmate was convicted.”
EEECHO Inc., Anointed Temple AOH Church, John Johnson, Glenn Cobb, Lattie Grubbs, & North Gulfport Cmty. Land Conservancy, Inc. v. Mississippi Env't Quality Permit Bd. & Mississippi State Port Auth. at Gulfport (Miss. Ct. App. 2024). “” 49 C.F.R. § 173.50 (b)(1). In other words, one of the preferred criteria for strategic seaports is the ability to receive and store up to 188 tons of explosives that are 22 considered by the federal government to pose a threat of a “mass explosion” event.”
— 49 C.F.R. § 173.50(b)(4) — 1 case
Bd. of Cnty. Com'rs of Laramie Cty. v. Dunnegan, 884 P.2d 35 (Wyo. 1994). “” 49 C.F.R. parts 173.50(b)(4) & 173.53. The “Class C” designation also exists in the Wyoming Motor Vehicles Act which defines and classifies explosives.”
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