Alta Genetics, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Research and APR 10 2003 400 Seventh St., S.W. Washington, D.C. 20590 speciai Programs Administration Mr. Jason E. Burnett Alta Genetics, Inc. Reference No.: 03-0059 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 HMR: 49 CFR Parts 171-180). You state that your company transports nitrogen, refrigerated concerning the exception for cryogenic liquids under the Hazardous Materials Regulations liquia in cynders and either 119, 150 or 190-gallon portable tanks that are equipped with take advantage of the exception in § 173.320 and if you are subject to the placarding pressure reliet devices so the pressure will not exceed 22 psig. Specifically, you ask if you can 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 FIMIR 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 requirements. conditions, they qualify for the exception in § 173.320 and are not subject to placarding For a response to your question regarding the licensing requirements for drivers under 49 CFR your correspondence to: Parts 350-399, please contact the Federal Motor Carrier Safety Administration. You may direct 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. Sincerely, Hothe 2. Mithell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 173.320 030059#

Page 202/20/2003 THU 13:18 FAX 920 262 8022 ALTA GENETICS USA INC 4002/002 Corbin AltaGenetics $173.320 $172-504610 Exceptions Placarding February 20, 2003 Director of Office of Hazardous Marerials Standards Edward I. Mazzullo 03 0059 exception states that cryogenic liquid in insulated portable tanks constructed so that the pressure will not I write this letter in an effort to clarify the exception stated in 49 CFR 100-185, 173.320. The exceed 25.3 psig are not subject to the reguirements of the subchapter when transported by motor vehicle. 119, 150, or a 190-gallon tunk used to transport liquid nitrogen (LN2). They also carry smaller tanks on Our company has 45 pick-up trucks in 40 different states. These trucks are equipped with cilher a board that are filled with LN2 as well. The tanks are built to DOT standard and have a psig setting of 22 or of 172.504 (General Placarding) unless it exceeds an aggregate gross weight of 454kg (1001 Ibs.). Ou Thc 119-gallon tank is a non-bulk package by definition 171.8. It does not meet the requirements on board which are also filled with LN2. The 150 and 190-gallon tanks are bulk packages by definition trucks with 119 gallon tanks will always exceed the limitation due to the fact that they have smaller tanks they do not hold more than 1000 gallons. That allows its to labcl the tank vs. placarding (172.400(a)(3)). 171.8. They meet all of the idquirements set forth in 172.514, as well as the exception 172.514(c), because 2. If so, docs that exception mean that our trucks do not need to be placarded as per 172.504(c)(1) and 1. Do we meet the requirements of 173.320? 3. If our trucks do got require placards, do our drivers need Commercial Drivers License's with the hazmat endorsement? vchicle (49 CFR 200-399, 390.5). This would lead me to believe that our drivers require a commercial We meet the definition of a private motor carrier conducting interstate commerce with a commercial molor commercial motor vehicle is a vehicle used in the transport of hazardous matcrials and requires placarding. driver's Itcense tu conduct opcrations between staces. However, definition (D) of 383.5 states that a definition of a commercial motor vehicle, (D) 383.5. But I understand that if at anytime our trucks excoed umber satisfy the requirements? Our goal is to be in total compliance with the Department of would be greatly appreciated. Thank you for your time and consideration. Transportation and Federal Motor Carrier Safcty Administration. Any insight, clarification you may offe Alta Genetics Inc. Jason E. Bumeti N8350 High Rd. (920) 261-5065 ext. 245 Watertown, WI 53094 PO. Box 437, Watcrown, Wisconsin, US^ 53094 - Telephonc: (920) 261-5065 Pacsinsle: (920) 262-8022 AltaGenetics USA Inc. Sire Program d: Communication Depts: 1-855-425-8202 - Accounting: 1-800-9322855#