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Interpretation Response #98-0525 ([Elkem Metals Company] [Ms. Sharon L. Thompson])

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 Company

Individual Name: Ms. Sharon L. Thompson

Location State: OH Country: US

View the Interpretation Document

Response text:

MAR 2, 1998


Ms. Sharon L. Thompson
Manager-Traffic and Distribution
Elkem Metals Company
Post Office Box 72
Marietta, Ohio 45750-0072

Dear Ms. Thompson:

This is in response to your letter dated October 30, 1997, requesting confirmation that your company's ferrosilicon is not subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that your product was tested in accordance with the test method described in Appendix E to Part 173, and found it does not meet the definition of a Division 4.3 (Dangerous When Wet) material.

As provided in § 173.22, it is the shipper's responsibility to properly classify a hazardous material. However, based on the test data you provided, we concur that your company's ferrosilicon with 50% ferrosilicon does not meet the definition of a Division 4.3 material. Therefore, if your company's material does not meet any other hazard class definition of Part 173 it is not subject to the HMR.

I hope this satisfies your request.



Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards

Regulation Sections

Section Subject
173.124 Class 4, Divisions 4.1, 4.2 and 4.3-Definitions