Interpretation Response #08-0060 ([Cryogenic Equipment and Services, LLC] [Mr. John D. Upperman])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Cryogenic Equipment and Services, LLC
Individual Name: Mr. John D. Upperman
Location State: PA Country: US
View the Interpretation Document
Response text:
May 6, 2008
Mr. John D. Upperman, GM
Cryogenic Equipment and Services, LLC
P.O. Box 34
727 Ringtown Road
Zion Grove, PA 17985
Ref. No. 08-0060
Dear Mr. Upperman:
This responds to your February 29, 2008 letter requesting clarification the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a 1000-gallon mobile tank manufactured in 1955 and used to transport liquid argon, nitrogen, and oxygen. Specifically, you ask if you may obtain a letter of exemption to use this tank.
According to your letter, you own a 1000-gallon mobile tank manufactured by Union Carbide in 1955 for the transportation of liquid argon, nitrogen and oxygen. The unit has a serial number, but was not registered with the National Board. It is your understanding that registration was not required in 1955. The unit was designed to operate at less than 25.3 psi. You ask if you must obtain an exemption letter to operate this unit since you do not have the National Board registration plate.
The HMR specify under the Special Provisions in §172.102 that tank codes T75, TP5 and TP22 apply to the transportation of liquid argon, nitrogen, and oxygen in portable tanks. In accordance with T75, portable tanks are authorized to be used in transporting refrigerated liquefied gases in conformance with requirements of §178.277 which cover the design, construction, inspection and testing of portable tanks intended for the transportation of refrigerated liquefied gases. If you wish to obtain a special permit (formerly referred to as an exemption), you may apply for one in accordance with requirements in subpart B of part 107 in §107.105 of the HMR.
In addition, you may also qualify to use the exceptions in §173.320(a) since your tank was designed to operate at less than 25.3 psi. You must meet all of the specified requirements in §173.320(a)(1)(2)(3) in order to use this exception.
I hope this information is helpful and answers your inquiry.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
173.320
Regulation Sections
| Section | Subject |
|---|---|
| 172.102 | Special provisions |
| 173.320 | Cryogenic liquids; exceptions |