Cryogenic Equipment and Services, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. John D. Upperman, GM Cryogenic Equipment and Services, LLC P.O. Box 34 727 Ringtown Road Zion Grove, PA 17985 Ref. No. 08-0060 Dear Mr. Upperman: This responds to your February 29, 2008 letter requesting clarification the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180) to a 1000-gallon mobile tank manufactured in 1955 and used to transport liquid argon, nitrogen, and oxygen. Specifically, you ask if you may obtain a letter of exemption to use this tank. According to your letter, you own a 1000-gallon mobile tank manufactured by Union Carbide in 1955 for the transportation of liquid argon, nitrogen and oxygen. The unit has a serial number, but was not registered with the National Board. It is your understanding that registration was not required in 1955. The unit was designed to operate at less than 25.3 psi. You ask if you must obtain an exemption letter to operate this unit since you do not have the National Board registration plate. The HMR specify under the Special Provisions in 4 172.102 that tank codes T75, TP5 and TP22 apply to the transportation of liquid argon, nitrogen, and oxygen in portable tanks. In accordance with T75, portable tanks are authorized to be used in transporting refrigerated liquefied gases in conformance with requirements of 0178.277 which cover the design, construction, inspection and testing of portable tanks intended for the transportation of refrigerated liquefied gases. If you wish to obtain a special permit (formerly referred to as an exemption), you may apply for one in accordance with requirements in subpart B of part 107 in 4 107.105 of the HMR.#

Page 2In addition, you may also qualify to use the exceptions in $173.320(a) since your tank was designed to operate at less than 25.3 psi. You must meet all of the specified requirements in 5 173.320(a)(l)(2)(3) in order to use this exception. I hope this information is helpful and answers your inquiry. 1 Office of Hazardous ~ a i e r i a l s Standards#

Page 3CR YOGENIC EQUIPMENT & SERVICES LLC Mr Edward Mazzullo US Department of Transportation Washington DC 29 February 2008 Gentlemen, We own a 1000 gallon mobile tank manufactured by Union Carbide in 1955 for use in transportation of liquid argon, nitrogen and oxygen. The unit has a serial number but was not registered with the National Board. It was my understanding that national Board registration was not required in 1955. The unit was designed to operate less than 25.3 psi. I have enclosed a photo of the name plate and the vehicle it is mounted on. My question is , what exemption letter do I need to operate this unit in case I am stopped for inspection and do not have the National Board plate which is now required on tanks and vessels used for moving product?. We have a considerable amount of money invested in our unit and would like to receive a letter to carry with this unit for transfer of ownership and every day use. Incidentally, Prax air had this unit in their fleet prior to my purchase. Thank you in advance for your quick response to this matter. John D Upperman GM Cryogenic Equipment and services LLC. Po Box 34 727 Ringtown Road Zion Grove Pa 17985 Phone: 570 889 1000 Cell: 570 578 9304 e-mail johndupper@aol .corn#