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
Shareholder
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.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
107.601
Regulation Sections
| Section | Subject |
|---|---|
| 107.601 | Applicability |