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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #00-0058 ([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:

Company Name: Considar, Inc.

Individual Name: Ms. Noreen McDonald

Location State: NY Country: US

View the Interpretation Document

Response text:

March 23, 2000

Ms. Noreen McDonald                Ref. No. 00-0058
Considar, Inc.
825 Third Avenue
New York, NY 10022

Dear Ms. McDonald:

This is in response to your letter requesting confirmation that the test results of a sample of  75% ferrosilicon, ferro- silicon chrome and ferrosilicon calcium demonstrate that it is not subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that your product was tested in accordance with the test method described in 49 CFR part 173, Appendix E (revised edition as of October 1, 1996), and found it does not meet the definition of a Division 4.3 (Dangerous When Wet) material.

As provided in § 173.22, it is the shipper's responsibility to properly classify a hazardous material.  However, if the ferrosilicon handled by your company is the same material that was tested in accordance with requirements that now appear in the U.N.. Manual of Tests and Criteria, and determined not to meet the Division 4.3 criteria, it is not subject to the HMR.

I hope this satisfies your request.
Sincerely,

Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

172.101(f)

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table