Interpretation Response #17-0113

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

Interpretation Response Details

Response Publish Date: 05/02/2018

Company Name: B&H Systems

Individual Name: Jonathan Sales

Location State: IL Country: US

View the Interpretation Document

Response text:

Jonathan Sales
President
B&H Systems
2301 Arthur Avenue
Elk Grove Village, IL 60007

Reference No. 17-0113

Dear Mr. Sales:

This letter is in response to your October 4, 2017, email and subsequent phone conversations requesting clarification of the registration requirements.  You describe the following scenario:

• A chemical company contracts out every aspect of transportation of its hazardous material, including all pre-transportation functions.
• The company is never in possession of and does not perform any pre-transportation functions for the hazardous material.
• The chemical company is listed as the shipper on the shipping paper.

You ask if the chemical company in the above scenario is subject to the registration requirements in 49 CFR subpart G of part 107.

The chemical company would not be required to hold a current registration, provided it does not offer the material into transportation; transport the material in commerce; or perform any pre‑transportation functions, such as marking or labeling the package, determining the hazard class, selecting the packaging, securing a closure, preparing and verifying a shipping paper, and providing and maintaining emergency response information. However, it should be noted that the chemical company being listed as the shipper on the shipping paper may cause confusion in transportation, as under normal circumstances the shipper is an offeror and would be expected to register.

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
Standards and Rulemaking Division

Regulation Sections