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Interpretation Response #16-0107 ([HMT Associates, L.L.C.] [Mr. Andy Altemos])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: HMT Associates, L.L.C.

Individual Name: Mr. Andy Altemos

Location State: VA Country: US

View the Interpretation Document

Response text:

December 22, 2016

Mr. Andy Altemos
HMT Associates, L.L.C.
6416 Grovedale Drive
Suite 202B
Alexandria, VA  22310

Reference No. 16-0107

Dear Mr. Altemos:

This letter is in response to your June 17, 2016 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the relationship between certain entries in the Organic Peroxide Intermediate Bulk Container (IBC) Table in § 173.225(e) and the primary Organic Peroxides Table in § 173.255(c).  Your question relates to the material “Peroxyacetic acid with not more than 26% hydrogen peroxide” meeting the criteria for classification as a type F organic peroxide.  

Specifically, you seek confirmation of your understanding that any peroxyacetic acid formulation with not more than 26% hydrogen peroxide may be transported in IBCs without the need for an approval and without regard to the concentration of peroxyacetic acid, provided the formulation has been determined by appropriate testing to meet the criteria for classification as a type F organic peroxide.  

Although the current HMR does not limit the concentration of peroxyacetic acid meeting certain requirements when packaged in IBCs, this was not the Pipeline and Hazardous Material Safety Administration’s (PHMSA) original intention.  A transcription error occurred when the Organic Peroxide IBC Table was adopted into the HMR under a Final Rule entitled, Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization’s Technical Instructions [68 FR 44991].  It was our intention for the listing “Peroxyacetic acid with not more than 26% hydrogen peroxide” found in § 173.225(e) to read “Peroxyacetic acid, not more than 17%, with not more than 26% hydrogen peroxide.”  PHMSA will work to correct this drafting error in a future rulemaking.

I hope this information is helpful.  Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.225(e), 173.255(c)

Regulation Sections

Section Subject
173.225 Packaging requirements and other provisions for organic peroxides