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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 #03-0254 ([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:

Nov 7, 2003

 

Ms. Noreen McDonald               Ref. No. 03-0254
CONSIDAR, Inc.
825 Third Avenue
New York, NY 10022

Dear Ms. McDonald:

This responds to your follow-up letter dated October 6, 2003, regarding classification of ."Magnesium ferro silicon" in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). We responded to a previous letter from your company, dated August 20, 2003, on the same subject on September 23,2003.

As indicated in the enclosure to your letter, tests were performed in accordance with the "UN Manual of Tests and 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.

Based on the information you provided, it is our opinion that your company's product containing Magnesium ferro silicon, tested in accordance with the "UN Manual of Tests and Criteria," does not meet the definition in § 173.124(c) for a Division 4.3 (Dangerous When Wet) materiaL Therefore, provided the material does not meet any other hazard class definition, it is not subject to the HMR and not regulated for purposes of transportation in commerce.

I hope this satisfies your inquiry.

Sincerely,

Susan Gorsky
Senior Transportation Specialist
Office of Hazardous Materials Standards

Regulation Sections

Section Subject
173.124 Class 4, Divisions 4.1, 4.2 and 4.3-Definitions