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Interpretation Response #06-0055 ([Ferroatlantica] [Mr. Edward Hopkins])

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

Interpretation Response Details

Response Publish Date:

Company Name: Ferroatlantica

Individual Name: Mr. Edward Hopkins

Location State: OH Country: US

View the Interpretation Document

Response text:

Apr 20, 2006

 

Mr. Edward Hopkins                 Reference No. 06-0055
Ferroatlantica
60 Public Square
Suite 350
Medina, OH 44256

Dear Mr. Hopkins:

This is in response to your February 13, 2006 letter requesting clarificationon the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to ferrosilicon containing 75% silicon. Specifically, you request confirmation from this office that the test report submitted with your letter provides sufficient verification that the tested materials are not subject to the requirements of the HMR.

As provided in § 173.22, it is the 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 your ferrosilicon containing 75 percent silicon 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 hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

 

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

173.22

Regulation Sections

Section Subject
173.22 Shipper's responsibility