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What does 49 CFR 173.128 (Class 5, Division 5.2—Definitions and types) require?

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According to 49 CFR 173.128, an organic peroxide (Division 5.2) is defined as any organic compound containing oxygen in the bivalent -O-O- structure that may be considered a derivative of hydrogen peroxide where one or more hydrogen atoms are replaced by organic radicals, unless specific exceptions apply (such as meeting explosive definitions, being forbidden, or having specified low available oxygen content).

For motor carriers, the regulation establishes the following key requirements and systems:

* Generic Types: Organic peroxides are assigned to a seven-type generic system (Types A through G) based on their physical state, temperature controls, and test performance. Notably, transporting Type A organic peroxides is forbidden.

* Approvals: Before offering an organic peroxide for transportation or transporting it, the material must be approved in writing by the Associate Administrator (including the assignment of its generic type and shipping description). However, written approval is not required if the organic peroxide is identified by its technical name in the Organic Peroxides Table in § 173.225(c), is a prepared mixture according to § 173.225(b), or is shipped as a sample under § 173.225(b).

* Testing and Assignment: Generic types are determined using the physical state, temperature control requirements, and the testing protocol from the UN Manual of Tests and Criteria as outlined in 49 CFR 173.128.

§ 49 CFR 173.128 · eCFR ↗Sources retrieved: 1 retrieved CFR section

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