[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.128]

[Page 482-483]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS--Table of Contents
 
  Subpart D--Definitions Classification, Packing Group Assignments and 
    Exceptions for Hazardous Materials Other Than Class 1 and Class 7
 
Sec. 173.128  Class 5, Division 5.2--Definitions and types.

    (a) Definitions. For the purposes of this subchapter, organic 
peroxide (Division 5.2) means any organic compound containing oxygen (O) 
in the bivalent -O-O- structure and which may be considered a derivative 
of hydrogen peroxide, where one or more of the hydrogen atoms have been 
replaced by organic radicals, unless any of the following paragraphs 
applies:
    (1) The material meets the definition of an explosive as prescribed 
in subpart C of this part, in which case it must be classed as an 
explosive;
    (2) The material is forbidden from being offered for transportation 
according to Sec. 172.101 of this subchapter or Sec. 173.21;
    (3) The Associate Administrator has determined that the material 
does not present a hazard which is associated with a Division 5.2 
material; or
    (4) The material meets one of the following conditions:
    (i) For materials containing no more than 1.0 percent hydrogen 
peroxide, the available oxygen, as calculated using the equation in 
paragraph (a)(4)(ii) of this section, is not more than 1.0 percent, or
    (ii) For materials containing more than 1.0 percent but not more 
than 7.0 percent hydrogen peroxide, the available oxygen, content 
(Oa) is not more than 0.5 percent, when determined using the 
equation:
[GRAPHIC] [TIFF OMITTED] TC13NO91.031

where, for a material containing k species of organic peroxides:

ni = number of -O-O- groups per molecule of the i th species
ci = concentration (mass percent) of the i th species
mi = molecular mass of the i th species

    (b) Generic types. Division 5.2 organic peroxides are assigned to a 
generic system which consists of seven types. An organic peroxide 
identified by technical name in the Organic Peroxides Table in 
Sec. 173.225 is assigned to a generic type in accordance with that 
table. Organic peroxides not identified in the Organic Peroxides table 
are assigned to generic types under the procedures of paragraph (c) of 
this section.
    (1) Type A. Organic peroxide type A is an organic peroxide which can 
detonate or deflagrate rapidly as packaged for transport. Transportation 
of type A organic peroxides is forbidden.
    (2) Type B. Organic peroxide type B is an organic peroxide which, as 
packaged for transport, neither detonates nor deflagrates rapidly, but 
can undergo a thermal explosion.
    (3) Type C. Organic peroxide type C is an organic peroxide which, as 
packaged for transport, neither detonates nor deflagrates rapidly and 
cannot undergo a thermal explosion.
    (4) Type D. Organic peroxide type D is an organic peroxide which--
    (i) Detonates only partially, but does not deflagrate rapidly and is 
not affected by heat when confined;
    (ii) Does not detonate, deflagrates slowly, and shows no violent 
effect if heated when confined; or
    (iii) Does not detonate or deflagrate, and shows a medium effect 
when heated under confinement.
    (5) Type E. Organic peroxide type E is an organic peroxide which 
neither detonates nor deflagrates and shows low,

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or no, effect when heated under confinement.
    (6) Type F. Organic peroxide type F is an organic peroxide which 
will not detonate in a cavitated state, does not deflagrate, shows only 
a low, or no, effect if heated when confined, and has low, or no, 
explosive power.
    (7) Type G. Organic peroxide type G is an organic peroxide which 
will not detonate in a cavitated state, will not deflagrate at all, 
shows no effect when heated under confinement, and shows no explosive 
power. A type G organic peroxide is not subject to the requirements of 
this subchapter for organic peroxides of Division 5.2 provided that it 
is thermally stable (self-accelerating decomposition temperature is 50 
deg.C (122  deg.F) or higher for a 50 kg (110 pounds) package). An 
organic peroxide meeting all characteristics of type G except thermal 
stability and requiring temperature control is classed as a type F, 
temperature control organic peroxide.
    (c) Procedure for assigning an organic peroxide to a generic type. 
An organic peroxide shall be assigned to a generic type based on--
    (1) Its physical state (i.e., liquid or solid), in accordance with 
the definitions for liquid and solid in Sec. 171.8 of this subchapter;
    (2) A determination as to its control temperature and emergency 
temperature, if any, under the provisions of Sec. 173.21(f); and
    (3) Performance of the organic peroxide under the test procedures 
specified in the UN Manual of Tests and Criteria, and the provisions of 
paragraph (d) of this section.
    (d) Approvals. (1) An organic peroxide must be approved, in writing, 
by the Associate Administrator, before being offered for transportation 
or transported, including assignment of a generic type and shipping 
description, except for--
    (i) An organic peroxide which is identified by technical name in the 
Organic Peroxides Table in Sec. 173.225(b);
    (ii) A mixture of organic peroxides prepared according to 
Sec. 173.225(c); or
    (iii) An organic peroxide which may be shipped as a sample under the 
provisions of Sec. 173.225(c).
    (2) A person applying for an approval must submit all relevant data 
concerning physical state, temperature controls, and tests results or an 
approval issued for the organic peroxide by the competent authority of a 
foreign government.
    (e) Tests. The generic type for an organic peroxide shall be 
determined using the testing protocol from Figure 20.1(a) 
(Classification and Flow Chart Scheme for Organic Peroxides) from the UN 
Manual of Tests and Criteria (see Sec. 171.7 of this subchapter).

[Amdt. 173-224, 55 FR 52634, Dec. 21, 1990, as amended at 56 FR 66268, 
Dec. 20, 1991; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; Amdt. 173-241, 
59 FR 67508, Dec. 29, 1994; Amdt. 173-261, 62 FR 24732, May 6, 1997; 65 
FR 58629, Sept. 29, 2000; 66 FR 8647, Feb. 1, 2001; 66 FR 45379, Aug. 
28, 2001]