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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.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.101, 172.22

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.22 Shipper's responsibility