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Interpretation Response #23-0028

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

Interpretation Response Details

Response Publish Date: 04-19-2023
Company Name: Arkema Inc.     Individual Name: Christina M. Kurtz
Location state: PA    Country: US

View the Interpretation Document

Response text:

April 19, 2023

Christina M. Kurtz
Regulations and Packaging Manager
Arkema Inc.
900 First Avenue
King of Prussia, PA  19406

Reference No. 23-0028

Dear Mrs. Kurtz:

This letter is in response to your March 21, 2023, email and subsequent email conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to requirements for the highway transportation of a Division 5.2 organic peroxide with a Class 1 subsidiary hazard. Specifically, you ask whether a highway motor carrier that transports “UN3102, Organic peroxide type B, solid (Dibenzoyl Peroxide, >51-100%), 5.2, (1)” is required to obtain a Hazardous Materials Safety Permit (HMSP) from the Federal Motor Carrier Safety Administration (FMCSA).

The answer is no, based on this Office's understanding of the FMCSA's relevant requirements in the Federal Motor Carrier Safety Regulations—see 49 CFR 385.403. UN3102 has a primary hazard class of "5.2" in Column 3 of the § 172.101 Hazardous Materials Table, with subsidiary label codes indicating "5.2, 1" in Column 6. The reference to Division 1.1, 1.2, 1.3, or 1.5 material in the applicability of the HMSP refers to the primary hazard class, not subsidiary label code hazards. UN3102 is not defined as an explosive and does not have a division assignment, therefore the HMSP requirements do not apply in this scenario.

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


Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division


Regulation Sections

Section Subject
§ 172.101 Purpose and use of hazardous materials table