Millennium Rail, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washirgton, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration DEr 4,2006 Mr. J. F. Moore Ref. No.: 06-0231 P.O. Box 428 Millennium Rail, Inc. Scottsville, Texas 75688 Dear Mr. Moore: This is in response to your October 4, 2006 letter regarding shipping papers as specified under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state your company are free of leaks. Occasionally, a shop will receive a tank car containing hazardous material (MRI) operates several tank car repair shops that perform safety tests on tank cars to ensure they residue. You ask if the original shipper of the tank car containing hazardous material residue may authorize MRI to show it as the shipper with MRI listed secondarily (e.g., Company ABC by MRI) or, alternately, have the original shipper of the tank car containing hazardous material residue provide a shipping paper to the railroad carrier. The answer to both scenarios is yes. The HMR do not require a shipping paper to include not prohibit the original shipper of the tank cars containing hazardous material residue from routing information such as shipper or third-party contact information. In addition, the HMR do or the railroad carrier. The requirements of the HMR apply to persons who offer for preparing a shipping paper for the return shipment of the tank car and providing it to either MRI transportation or transport hazardous materials in commerce. Any one of several entities in a transportation movement may perform, singly or in combination, regulated functiors (e.g., performing functions of an offeror is responsible for performing those functions in accordance preparation of shipping papers, selection of packaging, etc.). Under the HMR, any person with the applicable regulatory requirements. this office. I hope this information is helpful. If you have further questions, please do not hesitate to contact Sincerely, Totte mitchel Hattie Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials, Standards 173.22 060231#

Page 2Satterthwaite 8,173-22 DOT/RSSY/PH! Shipper's Responsibilit AR P.O. Box 428, Scottsville, Texas 75688 MILLENNIUM RAIL, INC. 903-935-7847 Fax: 903-935-2940 ОБОСТ 1! РМ 3:56 06-0231 Office of Hazardous Materials Standards (DHM-10) October 4, 2006 Pipeline and Hazardous Materials Safety Administration, US DOT 400 Seventh Street, SW, Washington, DC 20590-0001 To Whom It May Concern: Millennium Rail, Inc. (MRI) operates multiple freight rail car repair locations in several states car would be worked as a "do not open car". While in the shop, we perform safety tests on the car to Occasionally a residue car (primarily a tank car) is received at our shops. When this occurs, the residue make sure it is not leaking and consequently pose a safety hazard to our employees. We do not disturb the valves or closures while at our facility. The purpose of this correspondence is to solicit an opinion from the DOT in regards to the appropriate handling of shipping paper documentation generated for residue cars shipped from our repair facilities. We are of the opinion that MRI is not equipped and cannot be equipped to be shown as the shipper (offeror) of residue cars. I say this because the shipping document is required to show a 24-hour emergency response telephone number, and per 172.604, the person offering the mater al must provide the number and the number has to be monitored at all times the hazmat is in transportation, and must be that of a person who is knowledgeable of the hazmat, or has comprehensive emergency response information, or has immediate access to someone who has such knowledge. Making it impossible for MRI to be knowledgeable of all the afore mentioned information on all of the Haz Mat products that may shipped out of our shops. Since the "owner" of the Haz Mat product contained in residue cars, ships the particular products) routinely, we propose to either: (1) Have the original shipper of the Haz Mat residue car authorize MRI to show them as the shipper (offeror), with the shop shown secondarily (eg: "Exxon Chemical by Millennium instructions to the railroad. We would like both options assessed so that if we can, have both available to Rail"'), or alternatively (2) request that the original shipper of the Haz Mat residue car provide billing us for flexibility purposes. If you have questions regarding this request, my phone number is (903-935-7847) or email jmoore@millenniumrail.com. Please advise the undersigned at your earliest opportunity. son More formate#