Is the act of selling, standing alone, sufficient to subject A to RSPAs hazardous material registration rule?
Selling a hazardous material of the type and in a quantity covered by the RSPA hazardous materials registration rule will not standing alone, subject a not-in-possession marketer to the rule’s registration requirement. However, if the marketer performs, attempts to perform, is obligated to perform, or agrees to perform any offeror or transporter function, then the marketer must register. If, for example, A prepares the shipping papers for the fuel, makes hazardous material certifications on the shipping papers place, hazardous materials markings or placards on the transport vehicle, or loads or unloads the transport vehicle, or determines that the packaging is authorized for the specific hazardous material (see 49 CPR 173.22(a)(2), (3)), then A must register. Fact Pattern #2 X, an “ICC licensed property broker,” arranges the sale of a hazardous material. X does not take possession of the hazardous material, execute shipping papers, classify the material, or assist in loading, unloading
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