Interpretation Response #24-0074
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Kansas Highway Patrol
Individual Name: Mr. Nicholas Wright
Location State: KS Country: US
View the Interpretation Document
Response text:
December 19, 2024
Mr. Nicholas Wright
Technical Trooper
Kansas Highway Patrol
1220 S. Enterprise
Olathe, KS 66061
Reference No. 24-0074
Dear Trooper Wright,
This letter is in response to your August 26, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of the segregation table for hazardous materials in § 177.848(d). You present a scenario of an organic peroxide with an explosive subsidiary hazard—i.e., "UN3112, Organic peroxide type B, solid, temperature controlled (contains Acetyl cyclohexanesulfonyl peroxide), 5.2, (1)"—and ask whether the hazardous material may be offered for transportation in the same transport vehicle as a Class 3, a Division 6.1 (packing group I with a Class 3 subsidiary (not poisonous by inhalation)), or a Division 6.2 material. Specifically, you ask how to apply the instructions to the segregation table when the § 172.101 hazardous materials table entry for UN3112 does not provide a Division number for the explosive subsidiary hazard.
As described in your scenario, a Division 5.2 hazardous material assigned a subsidiary Class 1 that is listed on the organic peroxides table in § 173.225 does not require an approval. Additionally, the material is not subject to the explosive approval requirements described in § 173.56 as long as it conforms to all applicable provisions of the table. As such, for the purposes of segregation, it is the opinion of this Office that it is prudent to default to the most restrictive segregation requirements and treat the Class 1 explosive subsidiary hazard as a Division 1.1 material. PHMSA may consider clarifying the instructions in a future rulemaking.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development
Standards and Rulemaking Division
172.101, 173.56, 173.225, 177.848(d)