Interpretation Response #05-0059
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 10, 2005
Mr. Jay Lozier Reference No. 05-0059
EHS & Q Manager
3555 Atlanta Industrial Parkway
Atlanta, GA 30331
Dear M: Lozier:
This responds to your letter dated March 8, 2005, regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to ferrosilicon alloy samples containing 25-73% silicon. Specifically, you request confirmation from this Office that the test reports submitted with your letter provide sufficient verification that the tested materials are not subject to the requirements of the HMR.
As provided in § 173.22, it is a shipper’s responsibility to properly classify a hazardous material. Such determinations are not: required to be verified by this Office. However, based on the test results you provided, it is our opinion that the ferrosilicon imported by your company does not meet the definition of a Division 4.3 material and, provided it does not meet the criteria for another hazard class, it is not subject to the HMR.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
|Requirements for shipment of MEGCs