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. § 173.51

Authorization to offer and transport explosives

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(a) Unless otherwise provided in this subpart, no person may offer for transportation or transport an explosive, unless it has been tested and classed and approved by the Associate Administrator (§ 173.56).

(b) Reports of explosives approved by the Department of Defense or the Department of Energy must be filed with, and receive acknowledgement in writing by, the Associate Administrator prior to such explosives being offered for transportation.

[Amdt. 173-224, 55 FR 52617, Dec. 21, 1990, as amended by 66 FR 45379, Aug. 28, 2001]
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2024–2025 · leading case: MCR Oil Tools v. TRAN, 110 F.4th 677 (5th Cir. 2024).
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MCR Oil Tools v. TRAN, 110 F.4th 677 (5th Cir. 2024). “24-60230 cannot be transported “unless it has been tested and classed and approved,” 49 C.F.R. § 173.51 (a) (emphasis added), the producer may well lose his ability to transport his previously approved, 50-gram fireworks while he waits for reapproval from PHMSA.”
MCR Oil Tools v. TRAN (5th Cir. 2024). “See 49 C.F.R. §§ 173.51 , 173.54. But that premise is the precise issue that MCR is challenging on the merits.”
MCR Oil Tools, LLC v. Craig D. Dillard (Tex. App. 2025). “See 49 C.F.R. § 173.51 . 3 behalf of any person or entity other than Dillard himself,” MCR was convinced that one of his clients—one of its former licensees—was behind the letter to PHSMA.”
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