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Interpretation Response #09-0262R ([Elkem Metals, Inc.] [Mr. George Scott])

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

Interpretation Response Details

Response Publish Date:

Company Name: Elkem Metals, Inc.

Individual Name: Mr. George Scott

Location State: PA Country: US

View the Interpretation Document

Response text:

November 16, 2009




Mr. George Scott

Assistant Manager of Sourcing

And Logistics

Elkem Metals Inc.

P. O. Box 366

Pittsburgh, PA 15230

Ref. No. 09-0262R

Dear Mr. Scott:

This is in reference to your November 9, 2009 e-mail requesting us to provide an updated confirmation that your company's ferrosilicon products remain not subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state no changes have been made in these products' chemical formulations since issuance of our March 22, 1996 and March 2, 1998 letters.

As prescribed in § 173.22, it is the shipper's responsibility to properly classify a hazardous material. However, based on the test data provided, we concur that your company's ferrosilicon products ranging in concentrations of 70 - 78 percent and 46 - 50 percent silicon do not meet the definition of a Division 4.3 material. Furthermore, if the ferrosilicon does not meet any other hazard class definition prescribed in Part 173 and is not a hazardous waste, the products are not subject to the HMR.

On May 6, 1997, we published a final rule under Docket HM-215B (62 FR 24690) which made editorial revisions to the classification criteria for Division 4.3 materials. The final rule removed the Division 4.3 classification testing requirements from Appendix E of the HMR and added a reference to the UN Recommendations on the Transport of Dangerous Goods Manual of Tests and Criteria (UN Manual) to § 173.124(c). However, the requirements contained in the UN Manual were and continue to be virtually identical to those contained in the HMR at the time our previous letters were issued.

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

173.22, 173.124(c)

Regulation Sections

Section Subject
173.124 Class 4, Divisions 4.1, 4.2 and 4.3-Definitions
173.22 Shipper's responsibility