Editorial Note on Part 173
Editorial Note: Nomenclature changes to part 173 appear at 70 FR 56098, Sept. 23, 2005.

§ 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structure and which may be considered a derivative of hydrogen peroxide, where one or more of the hydrogen atoms have been replaced by organic radicals, unless any of the following paragraphs applies: ( 1 ) The material meets the definition of an explosive as prescribed in subpart C of this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 § 172.101 of this subchapter or § 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: 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 § 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, 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 °C (122 °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 § 171.8 of this subchapter;
( 2 ) A determination as to its control temperature and emergency temperature, if any, under the provisions of § 173.21(f); and
( 3 ) Performance of the organic peroxide under the test procedures specified in the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter), 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 § 173.225(c);
( ii ) A mixture of organic peroxides prepared according to § 173.225(b); or
( iii ) An organic peroxide which may be shipped as a sample under the provisions of § 173.225(b).
( 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 (IBR, see § 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; 68 FR 75744, Dec. 31, 2003; 69 FR 76155, Dec. 20, 2004]