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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #19-0072

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

Interpretation Response Details

Response Publish Date:

Company Name: C. Steinweg, Inc.

Individual Name: John Moors

Location State: MD Country: US

View the Interpretation Document

Response text:

August 26, 2019

John Moors
C. Steinweg, Inc.
1201 Wallace Street
Baltimore, MD  21230

Reference No. 19-0072

Dear Mr. Moors:

This letter is in response to your January 29, 2019, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging requirements for "UN1408, Ferrosilicon, 4.3 (6.1), PG III." Specifically, you note that the § 172.101 Hazardous Material Table (HMT) entry for UN1408 has IP Code IP7 (IP7) assigned to it in Column (7). You additionally note that the text of IP7 in § 172.102(c)(4) does not list UN1408 as an authorized material.

We have paraphrased and answered your questions as follows:

Q1. You ask whether the addition of IP7 in Column (7) of the HMT for UN1408 without the corresponding reference to UN1408 in the text of IP7 in § 172.102(c)(4) was an oversight.

A1. The answer is yes. In the notice of proposed rulemaking (NPRM) for HM-215G (69 FR 34724; 6/22/2004), RSPA (PHMSA's predecessor agency) proposed to add Special Provision "IP7" to UN1408 to align with the International Maritime Dangerous Goods (IMDG) Code. However, we failed to make the corresponding edit to the description of IP7. We received no comments on the proposal in the NPRM and adopted it as proposed in the HM-215G final rule (69 FR 76044; 12/20/2004). This was not our intent and we will address this as an editorial correction in a future rulemaking.

Q2. You ask whether IBCs are required to meet IBC performance testing requirements when used to transport UN1408 into the United States.

A2. The answer is no, for shipments in compliance with the IMDG Code. Provided all or part of the transportation is by vessel, the HMR authorizes compliance with the requirements of the IMDG Code, provided the applicable requirements of §§ 171.22, 171.23 and 171.25 are met. As you correctly note in your request, the IMDG Code packing instructions for this material do not require that IBCs meet performance testing requirements. Therefore, provided all or part of the transportation (i.e., until the material is delivered to its final destination indicated on a shipping paper) is by vessel, and the shipment is in compliance with applicable IMDG Code requirements, IBCs used to transport UN1408 are not required to meet performance testing requirements.

I hope this information is helpful. Please contact us if we can be of further assistance.


Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

171.22, 171.23, 171.25, 172.101, 172.102(c)(4),

Regulation Sections

Section Subject
171.22 Authorization and conditions for the use of international standards and regulations
171.23 Requirements for specific materials and packagings transported under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations
171.25 Additional requirements for the use of the IMDG Code
172.101 Purpose and use of hazardous materials table
172.102 Special provisions