Interpretation Response #13-0196 ([Select Sire Power, Inc.] [Mr. Mark Carpenter])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Select Sire Power, Inc.
Individual Name: Mr. Mark Carpenter
Location State: PA Country: US
View the Interpretation Document
Response text:
November 21, 2013
Mr. Mark Carpenter
Chief Financial Officer
Select Sire Power, Inc.
1 Stony Mountain Road
Tunkhannock, PA 18657
Ref. No.: 13-0196
Dear Mr. Carpenter:
This is in response to your email dated October 1, 2013, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to exceptions provided under § 173.320 for cryogenic liquids. Your organization transports nitrogen, refrigerated liquid in insulated portable tanks mounted in motor vehicles. The tanks have capacities equal to or greater than 119 gallons and are equipped with pressure relief devices that vent at a maximum pressure of 22 psig. You ask if the exceptions provided in § 173.320 are applicable to this arrangement. You further ask if the transport vehicles are required to display placards in accordance with subpart F of part 172 since the tanks may meet the definition of a bulk package, and if your company is required to be registered in accordance with subpart G of part 107.
The transportation of nitrogen, refrigerated liquid by motor vehicle, as described, is eligible for the relief from the HMR provided in § 173.320. The exceptions contained in § 173.320 are applicable to transportation by motor vehicle of atmospheric gases, and helium, cryogenic liquids, in Dewar flasks, insulated cylinders, insulated portable tanks, and insulated cargo tanks designed and constructed so that the pressure in such packagings will not exceed 25.3 psig under ambient temperature conditions during transportation. The § 171.8 definition of an atmospheric gas includes nitrogen. Section 173.320(a) further provides that transportation meeting these criteria is not subject to the requirements of the HMR except those specified in paragraphs (a)(1), (a)(2), and (a)(3) of § 173.320. Paragraphs (a)(1), (a)(2), and (a)(3) do not reference compliance with subpart F of part 172 (Placarding) or subpart G of part 107 (Registration of Persons Who Offer or Transport Hazardous Materials), therefore the display of placards on the transport vehicles and registration with the Pipeline and Hazardous Materials Safety Administration is not required.
I trust this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division
173.320
Regulation Sections
| Section | Subject |
|---|---|
| 173.320 | Cryogenic liquids; exceptions |