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Interpretation Response #98-0316 ([Radian International] [Mr. Andrew N. Romach])

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

Interpretation Response Details

Response Publish Date:

Company Name: Radian International

Individual Name: Mr. Andrew N. Romach

Location State: NC Country: US

View the Interpretation Document

Response text:

FEB 10, 1999


Mr. Andrew N. Romach                 Ref. No. 98-0316
Corporate Regulatory Compliance

Radian International
P.O. Box 13000
Research Triangle Park, NC 27709

Ref No. 98-0316

Dear Mr. Romach:

This is in response to your letter dated October 20, 1998, requesting clarification on placarding requirements for cryogenic liquids under §§ 173.320(a) and 177.823(a) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Specifically, you are asking if placarding is required for cryogenic liquids under both §§ 173.320(a) exception and 177.823(a) for- emergency situations.

With the exception of oxygen, cryogenic liquids being shipped and transported under the exception, provisions in § 173.320(a) are not subject to placarding.  However, compliance with subparts A, B, C, D, G, and H of part 172 is required.  Under § 177.823(a), a carrier may not move a transport vehicle' containing a hazardous material unless the vehicle is marked and placarded in accordance with part 172 when required or as authorized in § 171.12a of this subchapter, or there is an emergency.  Marking and placarding is not required in an emergency when (1) the vehicle is escorted by a state or local government representative; (2) the carrier has permission from the Department; or (3) movement of the transport vehicle is necessary to protect life or property.  However, if an exception from placarding is provided elsewhere in the HMR, such as in § 173.320, the requirements for placarding in § 177.823 do not apply.  Thank you for bringing this situation to our attention.  We will clarify these requirements in a future rulemaking.

I hope this answers your inquiry.



Delmer F. Billings Chief,
Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
177.823 Movement of motor vehicles in emergency situations