{"operation":"document","citation":"23-0016","title":"VLS Environmental Solutions LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-08-03","effective_on":null,"summary":"23-0016 response to VLS Environmental Solutions LLC concerning 171.8, 173.31.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0016.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0016.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0016","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-05/23-0016.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAugust 3, 2023\nMr. Nathan Cannady\nDirector of Quality | Client Support Center\nVLS Environmental Solutions LLC\n19500 State Hwy 249, Suite 440\nHouston, TX 77070\nReference No. 23-0016\nDear Mr. Cannady:\nThis letter is in response to your February 28, 2023, email and subsequent telephone\nconversation with a member of my staff requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to registration requirements. In your\nemail, you state that your company is a rail car cleaning and repair company. You also state that\none of your customers has requested that you complete an inspection and fill out a final checklist\nfor loaded rail tank cars it is offering to the railroad. You explain that the list is for checking the\npresence of certain items or conditions but not verifying that these items are in compliance with\nthe shipping requirements of the HMR. You further state that you are not performing the\nfunctions to comply with § 173.31(d). As an example, you describe a scenario in which you\ncheck that placards are present, but do not verify that the placards represent the hazardous\nmaterials being transported. You ask whether your company facility is required to register under\nin accordance with § 107.601 of the HMR under the conditions described in your email.\nIf your company is not offering for transportation or transporting in commerce any of the\nhazardous materials specified § 107.601(a), then you are not required to register. Please be\naware that if your employees perform functions that directly affect the transportation of the\nhazardous material, then they are hazmat employees as defined in § 171.8 of the HMR and\nsubject to other requirements under the HMR, including hazmat training under Part 172, Subpart\nH.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nPollack\n23-0016\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Letter of Interpretation Request\nDate: Wednesday, March 8, 2023 4:32:44 PM\nHi Alice,\nPlease see the below interpretation request.\nLet us know if you need anything else.\nRegards,\n-Breanna\nFrom: Nathan Cannady <nathan.cannady@vlses.com>\nSent: Tuesday, February 28, 2023 4:26 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Letter of Interpretation Request\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nHello,\nI am requesting a letter of interpretation regarding 49 CFR 173.31. My company VLS Environmental\nSolutions, LLC is a railcar cleaning and repair company. One of the services we offer is in plant railcar\nrepair services for railcar shippers/owners. At one of our facilities the customer has asked us to\ncomplete an inspection and fill out a final checklist for loaded tank cars they are offering to the\nrailroad. We look at the items they request on a checklist they provided. The list is only checking for\nthe presence of items or conditions and not to verify the compliance with shipping requirements.\n(i.e., Checking if placards are present, but not verifying correctness with lading.). Our position on this\nis that we are performing an audit, as we do not correct any issues directly. The cars are supposed to\nbe ready to go when we start inspecting, and we send the form back to them with our findings. Then\nthey take the car back and make any adjustments needed (i.e., Securing closers, etc.). Per the\nregulation by performing this task would we need to register our facility at this location as an\nofferor? And are we liable for the car not being fit for shipment?\nRegards,\nNathan Cannady\nDirector of Quality | Client Support Center\nCell: (346) 578-2170\n\n<<<PAGE 3>>>\n\nOffice: (713) 936-0960\n19500 State Hwy 249 Suite 440, Houston, TX 77070\nnathan.cannady@vlses.com | www.vlses.com","truncated":false,"body_characters":4192}