With DOT'S issuance of HM-223, the "In-Transportation Rule," the US Department of Transportation essentially removed its regulatory and preemptive authority over unloading operations involving hazardous materials. The issue is complex, particularly when comparing the nuances of unloading operations which may take place after transportation has "ended" in the various modes; but nowhere has this created more controversy than with the rail mode. The National Transportation Safety Board has weighed in on this issue as this presentation describes and DOT has indicated new interest in revisiting this matter as a matter of public safety.
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