§  173.152 Exceptions for Division 5.1 (oxidizers) and Division 5.2 (organic peroxides).

(a) General. Exceptions for hazardous materials shipments in the following paragraphs are permitted only if this section is referenced for the specific hazardous material in the §  172.101 table of this subchapter.

(b) Limited quantities. Limited quantities of oxidizers (Division 5.1) in Packing Groups II and III and organic peroxides (Division 5.2) are excepted from labeling, unless offered or intended for transportation by aircraft, and the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. In addition, shipments of these limited quantities are not subject to subpart F of part 172 (Placarding) of this subchapter. Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight. The following combination packagings are authorized:

(1) For oxidizers in Packing Group II, inner packagings not over 1.0 L (0.3 gallon) net capacity each for liquids or not over 1.0 kg (2.2 pounds) net capacity each for solids, packed in strong outer packagings.

(2) For oxidizers in Packing Group III, inner packagings not over 4.0 L (1 gallon) net capacity each for liquids or not over 5.0 kg (11 pounds) net capacity each for solids, packed in strong outer packagings.

(3) For organic peroxides which do not require temperature control during transportation --

(i) For Type D, E, or F organic peroxides, inner packagings not over 125 mL (4.22 ounces) net capacity each for liquids or 500 g (17.64 ounces) net capacity for solids, packed in strong outer packagings.

(ii) For Type B or C organic peroxides, inner packagings not over 25 mL (0.845 ounces) net capacity each for liquids or 100 g (3.528 ounces) net capacity for solids, packed in strong outer packagings.

(4) For polyester resin kits consisting of a base material component (Class 3, Packing Group II or III) and an activator component (Type C, D, E, or F organic peroxide which does not require temperature control) --

(i) The organic peroxide component must be packed in inner packagings not over 125 mL (4.22 ounces) net capacity each for liquids or 500 g (17.64 ounces) net capacity each for solids;

(ii) The flammable liquid component must be packed in inner packagings not over 1.0 L (0.3 gallons) net capacity each for Packing Group II liquids or 5.0 L (1.3 gallons) net capacity each for Packing Group III liquids; and

(iii) The flammable liquid component and the organic peroxide component may be packed in the same strong outer packaging provided they will not interact dangerously in the event of leakage.

(c) Consumer commodities. A limited quantity which conforms to the provisions of paragraph (b) of this section and is a "consumer commodity" as defined in §  171.8 of this subchapter, may be renamed "Consumer commodity" and reclassed as ORM-D material. In addition to the exceptions provided by paragraph (b) of this section, shipments are not subject to the shipping paper requirements of subpart C of part 172 of this subchapter, unless the material meets the definition of a hazardous substance, a hazardous waste, or a marine pollutant or unless offered for transportation or transported by aircraft, and are eligible for the exceptions provided in §  173.156.

[Amdt. 173-224, 55 FR 52634, Dec. 21, 1990, as amended by Amdt. 173-231, 57 FR 52940, Nov. 5, 1992; Amdt. 173-241, 59 FR 67508, Dec. 29, 1994; Amdt. 173-261, 62 FR 24733, May 6, 1997; 66 FR 45381, Aug. 28, 2001]