USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

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

Interpretation Response #12-0269 ([Posinelli Shughart] [Mr. Barton Day])

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

Interpretation Response Details

Response Publish Date:

Company Name: Posinelli Shughart

Individual Name: Mr. Barton Day

Location State: AZ Country: US

View the Interpretation Document

Response text:

January 22, 2013

Mr. Barton Day
Posinelli Shughart
One East Washington St.
Suite 1200
Phoenix, AZ 85004-2568

Ref. No. 12-0269

Dear Mr. Day:

This is in response to your December 17, 2012 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to registration requirements.  Specifically, you describe the following scenario and ask whether the company is performing a transportation-related function that requires registration:

Scenario:  The company you describe owns active rail lines and rail yards within a metropolitan area and performs dispatching services for railroad traffic passing through the metropolitan area.  The company does not own or operate any rolling stock and contracts all switching and related services to an independent railroad service provider.  Is the company required to register in accordance with 49 CFR 107.601?

Response: The answer is no.  The ownership of rail facilities or the performance of dispatching services does not automatically require registration under 49 CFR 107.601.  Rather, registration is required of offeror and transporter entities that actually perform transportation-related functions as regulated by the HMR.  The functions you describe do not fall into any such transportation-related category.

I trust this satisfies your inquiry.  Please contact us if we can be of any further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division


Regulation Sections

Section Subject
107.601 Applicability