{"operation":"document","citation":"06-0231","title":"Millennium Rail, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-12-04","effective_on":null,"summary":"06-0231 response to Millennium Rail, Inc. concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0231.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0231.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0231","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060231.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashirgton, D.C. 20590\n400 Seventh Street, S.W.\nHazardous Materials Safety\nPipeline and\nAdministration\nDEr\n4,2006\nMr. J. F. Moore\nRef. No.: 06-0231\nP.O. Box 428\nMillennium Rail, Inc.\nScottsville, Texas 75688\nDear Mr. Moore:\nThis is in response to your October 4, 2006 letter regarding shipping papers as specified under\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state your company\nare free of leaks. Occasionally, a shop will receive a tank car containing hazardous material\n(MRI) operates several tank car repair shops that perform safety tests on tank cars to ensure they\nresidue. You ask if the original shipper of the tank car containing hazardous material residue may\nauthorize MRI to show it as the shipper with MRI listed secondarily (e.g., Company ABC by\nMRI) or, alternately, have the original shipper of the tank car containing hazardous material\nresidue provide a shipping paper to the railroad carrier.\nThe answer to both scenarios is yes. The HMR do not require a shipping paper to include\nnot prohibit the original shipper of the tank cars containing hazardous material residue from\nrouting information such as shipper or third-party contact information. In addition, the HMR do\nor the railroad carrier. The requirements of the HMR apply to persons who offer for\npreparing a shipping paper for the return shipment of the tank car and providing it to either MRI\ntransportation or transport hazardous materials in commerce. Any one of several entities in a\ntransportation movement may perform, singly or in combination, regulated functiors (e.g.,\nperforming functions of an offeror is responsible for performing those functions in accordance\npreparation of shipping papers, selection of packaging, etc.). Under the HMR, any person\nwith the applicable regulatory requirements.\nthis office.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nSincerely,\nTotte\nmitchel\nHattie Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials, Standards\n173.22\n060231\n\n<<<PAGE 2>>>\n\nSatterthwaite\n8,173-22\nDOT/RSSY/PH! Shipper's Responsibilit\nAR\nP.O. Box 428, Scottsville, Texas 75688\nMILLENNIUM RAIL, INC.\n903-935-7847 Fax: 903-935-2940\nОБОСТ 1! РМ 3:56\n06-0231\nOffice of Hazardous Materials Standards (DHM-10)\nOctober 4, 2006\nPipeline and Hazardous Materials Safety Administration, US DOT\n400 Seventh Street, SW, Washington, DC 20590-0001\nTo Whom It May Concern:\nMillennium Rail, Inc. (MRI) operates multiple freight rail car repair locations in several states\ncar would be worked as a \"do not open car\". While in the shop, we perform safety tests on the car to\nOccasionally a residue car (primarily a tank car) is received at our shops. When this occurs, the residue\nmake sure it is not leaking and consequently pose a safety hazard to our employees. We do not disturb\nthe valves or closures while at our facility.\nThe purpose of this correspondence is to solicit an opinion from the DOT in regards to the appropriate\nhandling of shipping paper documentation generated for residue cars shipped from our repair facilities.\nWe are of the opinion that MRI is not equipped and cannot be equipped to be shown as the shipper\n(offeror) of residue cars. I say this because the shipping document is required to show a 24-hour\nemergency response telephone number, and per 172.604, the person offering the mater al must provide\nthe number and the number has to be monitored at all times the hazmat is in transportation, and must be\nthat of a person who is knowledgeable of the hazmat, or has comprehensive emergency response\ninformation, or has immediate access to someone who has such knowledge. Making it impossible for\nMRI to be knowledgeable of all the afore mentioned information on all of the Haz Mat products that may\nshipped out of our shops.\nSince the \"owner\" of the Haz Mat product contained in residue cars, ships the particular products)\nroutinely, we propose to either: (1) Have the original shipper of the Haz Mat residue car authorize MRI to\nshow them as the shipper (offeror), with the shop shown secondarily (eg: \"Exxon Chemical by Millennium\ninstructions to the railroad. We would like both options assessed so that if we can, have both available to\nRail\"'), or alternatively (2) request that the original shipper of the Haz Mat residue car provide billing\nus for flexibility purposes.\nIf you have questions regarding this request, my phone number is (903-935-7847) or email\njmoore@millenniumrail.com.\nPlease advise the undersigned at your earliest opportunity.\nson More\nformate","truncated":false,"body_characters":4634}