Interpretation Response #03-0218 ([CONSIDAR, Inc.] [Ms. Noreen McDonald])

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

Interpretation Response Details

Response Publish Date: 09/23/2003

Company Name: CONSIDAR, Inc.

Individual Name: Ms. Noreen McDonald

Location State: NY Country: US

View the Interpretation Document

Response text:

Sep 23, 2003

Ms. Noreen McDonald               Reference No. 03-0218
CONSIDAR, Inc.
825 Third Avenue
New York, NY 10022

Dear Ms. McDonald:

This responds to your letter dated August 20, 2003, regarding classification of “Magnesium ferro silicon” in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

As indicated in the enclosure to your letter, tests were performed in accordance with Part 173, Appendix E, Division 4.3 (Dangerous when wet) criteria by an outside laboratory, which issued a report showing results that your company's product containing “Magnesium ferro silicon” is not classed as a "Division 4.3 (Dangerous when wet) material.  It is your understanding that the enclosed results mean that the magnesium ferro silicon is not subject to the HMR and not regulated for purposes of transportation.

In a final rule issued under Docket HM-215B [62 FR 24690; 5/6/97], we removed “Part 173, Appendix E, Guidelines for Classification and Packing Group Assignment for Class 4,” (Divisions 4-1, 4.2 and 4.3) materials from the HMR.  In its place, we adopted the ”UN Manual of Tests and Criteria” to maintain alignment with corresponding provisions of international standards.  Therefore, the Appendix E guidelines may not be used to determine classification and packing group assignment for a Division 4.3 material.  Instead, the material must be tested in accordance with the “UN Manual of Tests and Criteria,” as prescribed in § 173.124(c). A copy of the pertinent pages from the Manual is enclosed for your use.

I hope this satisfies your inquiry.

Sincerely,

Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

Enclosure

173.124

Regulation Sections