Interpretation Response #23-0016
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: VLS Environmental Solutions LLC
Individual Name: Nathan Cannady
Location State: TX Country: US
View the Interpretation Document
Response text:
August 3, 2023
Mr. Nathan Cannady
Director of Quality | Client Support Center
VLS Environmental Solutions LLC
19500 State Hwy 249, Suite 440
Houston, TX 77070
Reference No. 23-0016
Dear Mr. Cannady:
This letter is in response to your February 28, 2023, email and subsequent telephone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to registration requirements. In your email, you state that your company is a rail car cleaning and repair company. You also state that one of your customers has requested that you complete an inspection and fill out a final checklist for loaded rail tank cars it is offering to the railroad. You explain that the list is for checking the presence of certain items or conditions but not verifying that these items are in compliance with the shipping requirements of the HMR. You further state that you are not performing the functions to comply with § 173.31(d). As an example, you describe a scenario in which you check that placards are present, but do not verify that the placards represent the hazardous materials being transported. You ask whether your company facility is required to register under in accordance with § 107.601 of the HMR under the conditions described in your email.
If your company is not offering for transportation or transporting in commerce any of the hazardous materials specified § 107.601(a), then you are not required to register. Please be aware that if your employees perform functions that directly affect the transportation of the hazardous material, then they are hazmat employees as defined in § 171.8 of the HMR and subject to other requirements under the HMR, including hazmat training under Part 172, Subpart H.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
107.601 171.8 173.31(d)
Regulation Sections
| Section | Subject |
|---|---|
| 107.601 | Applicability |
| 171.8 | Definitions and abbreviations |
| 173.31 | Use of tank cars |