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Interpretation Response #05-0129 ([Pace International Union] [Mr. Randy Johnson])

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

Interpretation Response Details

Response Publish Date:

Company Name: Pace International Union

Individual Name: Mr. Randy Johnson

Location State: KY Country: US

View the Interpretation Document

Response text:

Aug 3, 2005


Mr. Randy Johnson                      Reference No. 05-0129
Pace International Union
P.O. Box 405
Calvert City, KY 42029

Dear Mr. Johnson:

This responds to your letter requesting clarification of the tank car unloading attendance requirements in § 173.64(i) of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180).

On October 30, 2003, the Research and Special Programs Administration (RSPA, we) published a final rule under Docket HM-223 (68 FR 61906) titled “Applicability of the Hazardous Materials Regulations to Loading, Unloading and Storage” (copy enclosed). The HM-223 final rule clarifies the applicability of the HMR to specific functions and activities, including hazardous materials loading and unloading operations and storage of hazardous materials during transportation. The final rule codifies in the HMR long-standing policies and interpretations concerning the applicability of the regulations to specific functions and operations. The provisions of the HM-223 final rule became effective on June 1, 2005.

Under the HM-223 final rule, tank car unloading operations conducted by consignee personnel after the rail carrier has departed the consignee’s premises generally are not subject to regulation under the HMR (see § 171. 1(c)(3)). As adopted in the HM-223 final rule, however, the requirements in § 173.31(g) apply to all tank car unloading operations as of June 1, 2005, even when those operations are conducted by consignee: personnel. Thus, as stated in the October 30 final rule, “requirements related to the protection of train and engine crews operating within a shipper or consignee facility, such as posting warning signs, setting hand brakes, and blocking the wheels of hazardous materials tank cars placed for unloading would continue to apply” (68 FR 61918). As well, Occupational Safety and Health Administration (OSHA) standards may apply to such unloading operations.

I trust this satisfies your inquiry.



Hattie L. Mitchell, Chief
Regulator Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
174.67 Tank car unloading