Interpretation Response #09-0269 ([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 17, 2009
Mr. George Scott
Assistant Manager of Sourcing
And Logistics
Elkem Metals Inc.
P. O. Box 366
Pittsburgh, PA 15230
Ref. No. 09-0269
Dear Mr. Scott:
This is in response to your November 17, 2009 email regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to ferrosilicon with between 44 and 48 percent silicon.
Except for Class 1 (explosives) and materials which are preceded by a "+" mark in the Hazardous Materials Table in 49 CFR 172.101, it is the shipper's responsibility to determine whether a material meets the definition of the listed hazard class or is not subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). See § 173.22. Such determinations are not required to be verified by the Department of Transportation nor does the Department have resources to perform routine verifications. However, the Department will try to provide assistance, when possible, in the classification of a material.
Based on the test results you provided with your email, we agree that the ferrosilicon described in the test certificate is not subject to the HMR.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
172.101, 172.22