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Interpretation Response #03-0059 ([Alta Genetics, Inc.] [Mr. Jason E. Burnett])

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

Interpretation Response Details

Response Publish Date:

Company Name: Alta Genetics, Inc.

Individual Name: Mr. Jason E. Burnett

Location State: WI Country: US

View the Interpretation Document

Response text:

Apr 10, 2003


Mr. Jason E. Burnett                Reference No. 03-0059
Alta Genetics, Inc.
N8350 High Road
Watertown, WI 53094

Dear Mr. Burnett:

This is in response to your letter and telephone conversation with a member of my staff concerning the exception for cryogenic liquids under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  You state that your company transports nitrogen, refrigerated liquid in cylinders and either 119, 150 or 190-gallon portable tanks that are equipped with pressure relief devices so the pressure will not exceed 22 psig.  Specifically, you ask if you can take advantage of the exception in § 173.320 and if you are subject to the placarding requirements.  You also ask what the licensing requirements are for the drivers of these vehicles.

Section 173.320 excepts highway and rail shipments of cryogenic liquids from certain requirements in the HMR if the packagings are Dewar flasks, insulated cylinders, insulated portable tanks, insulated cargo tanks, or insulated tank cars, and are designed and constructed so that the pressure in the packaging will not exceed 23.5 psig under ambient temperature conditions during transportation.  If your packagings of nitrogen, refrigerated liquid meet these conditions, they qualify for the exception in § 173.320 and are not subject to placarding requirements.

For a response to your question regarding the licensing requirements for drivers under 49 CFR
Parts 350-399, please contact the Federal Motor Carrier Safety Administration.  You may direct
your correspondence to-
                          Mr. Dan Hartman
                          State Programs Division Chief, MC-ESS
                          Federal Motor Carrier Safety Administration
                          400 Seventh Street, S.W
                          Washington, DC 20591

I hope this satisfies your request.



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


Regulation Sections

Section Subject
173.32 Requirements for the use of portable tanks