Interpretation Response #08-0289 ([Durham, Jones & Pinegar, P.C.] [Mr. Michael F. Leavitt])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Durham, Jones & Pinegar, P.C.
Individual Name: Mr. Michael F. Leavitt
Location State: UT Country: US
View the Interpretation Document
Response text:
February 19, 2009
Mr. Michael F. Leavitt
Durham, Jones & Pinegar, P.C.
193 East 200 North, Third Floor
St. George, Utah 84770-2879
Ref. No.: 08-0289
Dear Mr. Leavitt:
This responds to your letter regarding the highway transportation of a small bulk delivery tank containing oxygen, refrigerated liquid for home delivery for healthcare purposes. Your client, Rotech Healthcare, Inc., (Rotech) received a citation from the Utah Highway Patrol (UHP) concerning a violation of § 173.24 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if your client"s understanding is correct that venting is permissible to reduce internal pressure that may develop by the evolution of gas from the contents under certain conditions.
Based on the information enclosed with your letter, the tank conforms to the requirements in
§ 173.320. Under § 173.320, atmospheric gases (e.g., oxygen, nitrogen, carbon dioxide) and helium in Dewar flasks, insulated cylinders, insulated portable tanks, insulated cargo tanks, and insulated tank cars, designed and constructed so that the pressure in such packagings will not exceed 25.3 psig under ambient temperature conditions during transportation are not subject to the requirements of the HMR when transported by motor vehicle or railcar except as specified in paragraphs (a)(1), (a)(2), and (a)(3) of this section. Thus, as stated in
§ 173.320(a)(1), the design of the tank must allow venting through the pressure control valve to prevent any buildup of any internal pressure.
I hope this information is helpful. If we can be of further assistance, please contact us.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
173.320
Regulation Sections
| Section | Subject |
|---|---|
| 173.320 | Cryogenic liquids; exceptions |