---
kind: "section"
citation: "49 C.F.R. § 172.320"
title: "49"
number: "172.320"
heading: "Explosive hazardous materials."
url: "https://uscodex.org/cfr/49/172.320"
---

# §172.320. Explosive hazardous materials.

- (a) Except as otherwise provided in paragraphs [(b)](#b), [(c)](#c), [(d)](#d) and [(e)](#e) of this section, each package containing a Class 1 material must be marked with the EX-number for each substance, article or device contained therein.
- (b) Except for fireworks approved in accordance with [§ 173.64](/cfr/49/173.64.md) of this subchapter, a package of Class 1 materials may be marked as follows, in lieu of the EX number required by [paragraph (a)](#a) of this section:
  - (1) With a national stock number issued by the Department of Defense or identifying information, such as a product code required by regulations for commercial explosives specified in [27 CFR part 555](/cfr/27/part555.md), if the national stock number or identifying information can be specifically associated with the EX number assigned; or
  - (2) For Division 1.4G consumer fireworks reviewed by a Fireworks Certification Agency approved in accordance with [49 CFR part 107](/cfr/49/part107.md) [subpart E](/cfr/49/subpartE.md) and certified in accordance with [§ 173.65](/cfr/49/173.65.md), with the FC number assigned by a DOT-approved Fireworks Certification Agency.
- (c) When more than five different Class 1 materials are packed in the same package, the package may be marked with only five of the EX-numbers, national stock numbers, product codes, or combination thereof.
- (d) The requirements of this section do not apply if the EX number, FC number, product code or national stock number of each explosive item described under a proper shipping description is shown in association with the shipping description required by [§ 172.202(a)](/cfr/49/172.202.md?p=a). Product codes and national stock numbers must be traceable to the specific EX number assigned by the Associate Administrator or FC number assigned by a DOT-approved Fireworks Certification Agency.
- (e) **The requirements of this section do not apply to the following Class 1 materials—**
  - (1) Those being shipped to a testing agency in accordance with [§ 173.56(d)](/cfr/49/173.56.md?p=d) of this subchapter;
  - (2) Those being shipped in accordance with [§ 173.56(e)](/cfr/49/173.56.md?p=e) of this subchapter, for the purposes of developmental testing;
  - (3) Those which meet the requirements of [§ 173.56(h)](/cfr/49/173.56.md?p=h) of this subchapter and therefore are not subject to the approval process of [§ 173.56](/cfr/49/173.56.md) of this subchapter;
  - (4) [Reserved];
  - (5) Those that are transported in accordance with [§ 173.56(c)(2)](/cfr/49/173.56.md?p=c-2) of this subchapter and, therefore, are covered by a national security classification currently in effect.

## Notes

### Amendments

[Amdt. 172-123, 56 FR 66254, Dec. 20, 1991, as amended by Amdt. 172-139, 59 FR 67487, Dec. 29, 1994; 66 FR 45379, Aug. 28, 2001; 74 FR 53188, Oct. 16, 2009; 78 FR 42477, July 16, 2013]

### Authority

Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 1.97.

### Source

Source: Amdt. 172-29, 41 FR 15996, Apr. 15, 1976, unless otherwise noted.

### Amendments

[Amdt. 172-123, 56 FR 66254, Dec. 20, 1991, as amended by Amdt. 172-139, 59 FR 67487, Dec. 29, 1994; 66 FR 45379, Aug. 28, 2001; 74 FR 53188, Oct. 16, 2009; 78 FR 42477, July 16, 2013]