USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #06-0231 ([Millennium Rail, Inc.] [Mr. J. F. Moore])

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

Interpretation Response Details

Response Publish Date:

Company Name: Millennium Rail, Inc.

Individual Name: Mr. J. F. Moore

Location State: TX Country: US

View the Interpretation Document

Response text:

Dec 4, 2006

 

Mr. J. F. Moore                 Reference No. 06-0231
Millennium Rail, Inc.
P.O. Box 428
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 (MRI) operates several tank car repair shops that perform safety tests on tank cars to ensure they are free of leaks. Occasionally, a shop will receive a tank car containing hazardous material residue. You ask if the original shipper of the tank car containing hazardous material residue may authorize MRI to show ii: 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 routing information such as shipper or third-party contact information. In addition, the HMR do not prohibit the original shipper of the tank cars containing hazardous material residue from preparing a shipping paper for the return shipment of the tank car and providing it to either MRI or the railroad carrier. The requirements of the HMR apply to persons who offer for transportation or transport hazardous materials in commerce. Any one of several entities in a transportation movement may perform, singly or in combination, regulated functions (e.g., preparation of shipping papers, selection of packaging, etc.). Under the HMR, any person performing functions of an offeror is responsible for performing those functions in accordance with the applicable regulatory requirements.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

 

Hattie Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials, Standards

173.22

Regulation Sections

Section Subject
173.22 Shipper's responsibility