USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

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

     Manager
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.

Sincerely,

 

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

177.823

Regulation Sections

Section Subject
177.823 Movement of motor vehicles in emergency situations