{"operation":"document","citation":"08-0289","title":"Durham, Jones & Pinegar, P.C. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-02-19","effective_on":null,"summary":"08-0289 response to Durham, Jones & Pinegar, P.C. concerning 173.320.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0289.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0289.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0289","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080289.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Michael F. Leavitt\nDurham, Jones & Pinegar, P.C.\n193 East 200 North, Third Floor\nSt. George, Utah 84770-2879\nRef. No.: 08-0289\nDear Mr. Leavitt:\nThis responds to your letter regarding the highway transportation of a small bulk delivery\ntank containing oxygen, refrigerated liquid for home delivery for healthcare purposes. Your\nclient, Rotech Healthcare, Inc., (Rotech) received a citation from the Utah Highway Patrol\n(UHP) concerning a violation of $ 173.24 of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171 - 180). Specifically, you ask if your client's understanding is correct that\nventing is permissible to reduce internal pressure that may develop by the evolution of gas\nfrom the contents under certain conditions.\nBased on the information enclosed with your letter, the tank conforms to the requirements in\n$ 173.320. Under $ 173.320, atmospheric gases (e.g., oxygen, nitrogen, carbon dioxide) and\nhelium in Dewar flasks, insulated cylinders, insulated portable tanks, insulated cargo tanks,\nand insulated tank cars, designed and constructed so that the pressure in such packagings will\nnot exceed 25.3 psig under ambient temperature conditions during transportation are not\nsubject to the requirements of the HMR when transported by motor vehicle or railcar except\nas specified in paragraphs (a)(l), (a)(2), and (a)(3) of this section. Thus, as stated in\n$ 173.320(a)(l), the design of the tank must allow venting through the pressure control valve\nto prevent any buildup of any internal pressure.\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely, /\nI Charles E. B\\etts\nChief, Standards Development\nffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nDURHAM JONES & PINEGAR, P.C. 192 East 200 North, Third Floor Michael F. Leavitt\nAttorney at Law Jo8-~Zg'j\nSt. George, Utah 84770-2879 mike.leavitt@utahlaw.com\n435.674.0400\n435.628.161 0 Fax\nwww.djpIaw.com\nNovember 1 I, 2008\nVia U.S. Mail and Email (Edward.mazzullo@dot.gov)\nEdward Mazzullo\nUNITED STATES DEPARTMENT OF TRANSPORTATION\n1200 New Jersey Avenue SE\nWashington DC, 20590\nRe: Request for Written Interruption\n49 CFR 5 173.24\nDear Mr. Mazzullo:\nThis firm represents a company called Rotech Healthcare, Inc., which is engaged in the\nbusiness of, among other things, transporting oxygen over roadways to individuals in their\nhomes for healthcare purposes. Mr. David Clark, a hazardous materials inspector for the\nDepartment of Transportation, suggested that we contact you concerning a citation issued\nfrom the Utah Highway Patrol (\"UHP\") to one of Rotech's drivers concerning the alleged\nviolation of 49 C.F.R. 5173.24 entitled \"General Requirements for packagings and packages.\"\nOn or about February 28, 2008, Rotech's driver, Van Gudmundson, was traveling on a\nhighway in Utah when he was pulled over for a routine vehicle examination by a UHP officer.\nMounted in Mr. Gudmundson's truck was a small bulk delivery tank filled with oxygen,\nrefrigerated liquid UN1073. The tank is equipped with an \"over the road\" relief valve, which\nis designed, by the manufacturer, to open and release oxygen into the air during transit any\ntime the pressure in the tank reaches 25.3 psi.\nMr. Gudmundson had already receive a warning from the same UHP officer. On this\noccasion, Mr. Gudmundson received a citation fiom the UHP officer under 49 C.F.R. 5173.24.\nThe officer justified the citation by claiming that, under that regulation, the tank is releasing a\n\"hazardous material\" into the environment during transit. . It is Rotech's understanding that\nunder 49 C.F.R. 5173.24 part (g), venting is permissible to reduce internal pressure which may\ndevelop by the evolution of gas from the contents under certain conditions. The vessels used\nby Rotech meet these conditions so therefore it is their contention that the valves should and\nmust be used to reduce the internal pressure while in transit. A copy of the manufacturers\nmanual has been provided for your convenience. Rotech has been unable to persuade the\nSALT LAKE CITY 1 OGDEN 1 ST. GEORGE ( LAS VEGAS\n\n<<<PAGE 3>>>\n\nEdward Mazzulo\nNovember 1 1,2008\nPage 2\nUHP officer officer or his supervisor that the officer's interpretation of these regulations is\nincorrect. Consequently, criminal misdemeanor charges are pending for the use of the\npressure release valve in the manner which clearly seems to be required by the regulation.\nIn addition, Rotech has been cited and paid a fine in the past in Maine for not using the\nequipped over-the-road relief valve while the vehicle was in transit. This inconsistency among\nstate transportation inspectors has left Rotech at a loss as to how it should proceed in the state\nof Utah. Currently, it is not activating these valves in Utah out of concern of getting another\ncitation. Again these over-the-road relief valves were designed, by the manufacturer,\nspecifically to be used to reduce the internal tank pressure while in transit. It seems clear that\nnot having the release valve activated poses a greater danger to the public than merely\nreleasing a non-poisonous, non-flammable gas into the atmosphere during transit. The UDOT\nofficer and his superiors, however, do not agree, based on the fact that these valves are hand-\nactivated. What they fail to realize is that the valves, even though they are hand-activated, have\nan incorporated automatic reseating relief valve that is used to maintain the internal pressure\nof the vessel below 25.3 psi while in transit.\nMr. Clark mentioned that Rotech should request a \"Written Interruption\" from the United\nStates Department of Transportation concerning this matter and forward it to the officer here\nin Utah responsible for the citation and the prosecutor responsible for this case. He noted that\nyou would be the appropriate person to contact for this.\nAny assistance from you would be greatly appreciated. Rotech has a pre-trial conference on\nthis matter on December 1, 2008. We are hopeful you can help us resolve this issue before\nthen.\nVery truly yours,\nDURHAM JONES & PINEGAR, P.C.\nMichael F. Leavitt\ncc: David Clark (via email)\nKim Lee (via email)\n\n<<<PAGE 4>>>\n\n- 4 . 4 r - c r - I - - /@\nMODS\nI\nThe MODS- I20.190 and 300 are\nMedical Oxygen Delivery Systems\ndeslgned for economical transportation\nand delivery of liquid oxygen. Improved\nplurnblng design facilitates driver DOT\ncompliance and efficiency of operations.\nThe MODS provide consistent fan and\nefffclent reservoir fills, especially when\nused In conjunction with other Caire\nliquid system products. Whlle the\nMODS fast fill process makesit the\nperfect delivery tank for high denslty fill\nroutes, its law evaporation rate makes It\nalso Ideal for rural dimibuiion.\nDesign allows fast filling from the bulk tank and into home reservoirs. Dual fill valves on the MODS allow\none valve to be dedicated to the BulkTank and the other dedicated to the Home Delivery Unit\nPlumbing conveniently located for operator use.\nOversize cryogenic valves prevent freed1\nLow evaporation rate.\nDesign for easy DOT compliance.\nConvenient truck mounting.\nMODS system has I \" stainless steel pk\n~mbl\nallowing this unit to fill all low pressure\nliqui\nrequired when using other systems.\nwhfch\nutilizes the fast fill p\nroc(\nzdure\n!quipm\ntent In 114 to 112 of -\nthe\ntime\n\n<<<PAGE 5>>>\n\nTag Definition\nC-1 Connection. Fill &Withdrawal\nC-1A Connection. Fill &Withdrawal\nC-2 Connection Vent Stack\nHCW-1 Valve, Fill & Withdmwal\nHCW-1A Valve, Fill &Withdrawal\nHCW-2 Valve, Pressure Build\nHCV-3 Valve. Vent\nHCV4 Valve, Full Tycock\n(kcll.7 Valve. Road ~elief)\nHCV-9 U-I. Equalization Valve\n11-1 Level Indicator, Inner Vessel\nPBC-1 Pressure Build Coil\nPSE-1 Pressure Safety Element. INR\nPSV-1 Pressure Safety Valve, INR\nPSV-2 Pressure Safety Valve, Road\nPI-l Pressure Indicator Gauge\nUP-1 Vacuum Port\nPRODUCT SPECIFICATIONS\nDimensions MODS-120\nOxygen Nitrogen\n42\"w x 45\"h x 57\"d\n-. -\nMODS-190\nOxygen Nitrogen\n42\"w x 45\"h x 70\"d MODS 300\nOxygen Nitrogen\n42\"w x 45\"h x 100\"d\nWeight 1100 lbs. Empty 1200 Ibs. Empty 1600 lbs. Empty\n2100 Ibs. Full - 1800 Lbs Full 2900 U15. Full - 2400 Lbs Full .- 4400 Lbs Full - 3600 lbs Full\nI I Capacity (Net). 111 Gal 179 Gal 297 Gal\nMax. Working Pressure 100 psig 100 psiq 100 psig\nEvaporation Rate. . 1.6O0l0 02/Day - 2.6% NZ/Day 1.35% 02/0ay - 2.16% NZ/Day 0.70°/~02/day - 1.08O/oN2/Day\n1 I Ordering Information\nTank 11818705 11814721 11848234\nI I Vent Kit 11864277\n-- 11864277 11864277\nMount K i t 10591449 10591449 10591449\nService Kit 11830211 - 11830237 11830211 - 11830237 11830211 - 11830237\nI\nI CAIRE INC. CHART BIOMEDICAL\n1800 Sandy Plains Industrial Parkway, Suite 316 U n i t 2, Maxdata Centre\nMaiietta, GA 30066 Downmill Road, Brackrlell\nPh/770-425-4470 Toll Freell-800-482-1473 {/ . Bcrks RG I 2 I QS, I-lnitcd Kingdom\nFax/770-425-~40 (.: A I R E.\nI< Clch&...,l,.a.s., Ph/ +44(0) 1341 403100\nwwv.cairemedical.com Fx/ +44(0) 1341 429224\nB, 11U15 C-41RL. Inc. All riyhti rr.rrved. htadr on 1I.S.A. nmdtdct r~ccitintion ~ u b ~ c c ~ to chun~r without nutrcr. Printcd in U.S.A.\nRcl 1OUDZ.liT) RN K\n\n<<<PAGE 6>>>\n\nOPERATING INSTRUCTIONS FOR ULTRA SERIES\nLIQUJD DELIVERY SYSTEM\nODUCTION\nThe container system consists of a stainless steel inner vessel safely supported within acarbn steel auter vessel.\nThe inner cylinder is wrapped in a highly efficient insulation material and the annular space bctween the vessels is\nevacuated to provide vacuum insulation reducing heat trensfer and product evaporation. Loss of this vacuum will\nresult in diminished insulation and loss of product.\nM A T Z U L HANDLING SAFE-\nMaterial Safetv Datasheets for the product to be stored in the vessel should be read and understood by aU personnel\nusing the vessel for filling, storage, or discharge before operating the vessel. It is critical that all cautionsand\nwarnings related to such product be strictly adhcred to and proper safety equipment should be used at all times.\nW M G Do not operate this vessel in a closed compartment or confined area unless the vent stack is ducted to\nthe outside. Do not open the filllwithdrawal or the fbll trycock valve if in a confined area. The trycock should have\nan extension piped to it which directs gas andlor liquid outside the compartment and away from the operator.\nWMlWNG- All transfer lines used with this vessel should be equipped with a relief valve.\nWARMNG- Do not remove, disable, or otherwise i n k ~ e r e with the operation of any safety devices on this vessel.\nCHANGING S E R ~ The Ultraseries Delivery Vessels are suitable for carrying liquid oxygen, nitrogen or\nargon. However, if changing service, purge according to DOT regulations. Minor component changes may also be\nnecessary.\n/ ~ * . E - D E ~ ~ ~ )\nI 1) Reliefvalve (RnThere is an automatically reseating relief valve protecting the inner vessel from over\npressure. This valve is not to be set at a pressure exceeding the rated normal operating limit of the vtssel.\n2) Pu~ture Disk (RDI Also referred to as a \"head safetyw, this rupture disk is a backup safety device designed to\nprotect the inner vessel from over pressure should the relief valve (BV) fail to open prior to pressure reaching\nthe rupture disk set point. This is a \"onetime\" use device with a frangible membrane that must be replaced in\nthe event of activation. The pressure rating of the head safety is not to exceed 1.5 times the normal operating\nlimit of the vessel. I\nRoad Relief Valve (RRVlThis device is designed to be opened in the event that the vessel is used for\ntransporting cryogenic liquids. The Road Relief Valve is set at less than 25.3 psi and is an automatically\nreseating relief valve with operation similar to that of the &Lief Valve (RV). The valve to this device may be\nclosed when the vehicle containing the vessel is stationary for the purpose of increasing overall pressure to off-\nload liquid. The Road Valve (V-7) must be open and pressure relieved to less than the set point any time tbe\nvehicle is in motion.\n4) -Rupture Diskis \"one-time\" frangible disk device is affixed to the external vessel and it designed to\nprovide free reIief of pressure in the event that Liquid or gas may be released into the annular space bchveen the\ninner and outer vessel.\nThere is a common vent line connecting the Relief Valve (RV), Rupture Disk (RD), and Road Relief Valve (RRV).\nIf the tank is installed in a closed container or vehicle, this line is to be piped directly to an external vent to assun\ngases do vent directly into the vehicle.\nNOTE- VK-IT Vent Kits are available from West Cryogenics, Inc.\n\n<<<PAGE 7>>>\n\nA pressure gauge is provided indicating the inner vessel pressure. There is also a liquid level gauge indicating the\napproximate level of liquid in the vessel. These are two isolation valves between vessel and these gauges allowing\nthe gauges to he replaced without emptying the vessel. Both valves should be open during normal operation.\nThe vessel is equipped with an external pressure building system to assist in liquid discharge. 'Ilk system consists\nof the Pressure Building Coil (PBC) and a Pressure Building Valve 01-1). When V-1 is opened, liquid is able to\ntravel through the system. Tbe Relief Valve (RV) provides control to prevent pressure from exceed the operating\nlimits of the vessel. If the Road Relief Valve (RRV) is left open then it wilI scrve as the primary regulator keeping\npressure below 25.3 psi. Pnssure may also be rnanually relieved by opening the Vent Valve (V-2).\nTo increase pressure, open the Pressure Building Valve ('4-1) and be sure the Vent (V-2) is closed. If pressure\ngreater than 25.3 psi is requited the Road Valve (V-7) must also be closed. The Pressure Building Valve (V-1)\nshould be closed anytime the vessel is not being used for discharge or is in transit. When discharge operation is\ncomplete, the Pressure Building Valve (V-I) should be closed and the Vent Valve (V-2) shouId be opened to\nmanually relieve pressure to below 25psi prior to reopening the Road Valve (V-7).\nNOTE- Prior to filling, it is important to consuIt DOT regulations or your Iocal supplier for the maximum allowable\nliquid load consistent with your working pressure.\nThe UltraSeries Delivery Vessels are fitted with two (2) Liquid Valves (V-4) as standard equipment. Both valves\ncan be used for fill or discharge of cryogenic liquids as needed.\nThese vessels can be filled from apressurized liquid source using the following procedure:\n1) An extension should be in place on the full trycock (Fill) valve (V-3) to discharge out of the vehicle and away\n2) from the operator.\nConnect the liquid source to the Fill/ Drain Valve 01-4) using a suitable transfer line. Be sure the Road Relief\nkolation Valve is closed.\nWAIWZNG- It is critical that all transfer lines connected to the vessel he fitted with a relief valve to prevent trapping\nof liquid or gas in the transfer line. Expanding gases from vaporizing liquid create rapid increases in pressure\nresdting in violent rupture of the transfer line. This rupture can lead to serious injury or death to individuals struck\nby the line or debris thrown @om the line.\n3) 4) Open the FillDrain Valve (V-4) and the Full Trycock (Fill) Valve (V-3).\nTo begin the transfer, open the liquid source valve. Pressure at the vessel may be relieved manually using the\nVent Valve (V-2) by opening to reduce pressure or closing to increase pressure.\nWWWING- A cold stream of gas will exit fmm the full trycock extension. Keep clear of the exiting stream.\n5) When the container is filIed, Liquid will start to exit from the Full Trycock (Fill) Valve (V-3) extension. At that\npoint, shut off the liquid source valve.\n6) Shut off the FillBrain Valve (V-4) and the Full Trycock (Fill) Valve (V-3). Open the Vent Valve\n(V-2) to relieve pressure from the vessel.\n7) Disconnect the transfer line.\n8) Open the Road Relief Valve (RRV) prior to transporting the filled vessel.\n\n<<<PAGE 8>>>\n\nThe Ultraseries Delivery Vessels are fitted with two (2) Liquid Valves (V-4) as standard equipment. Both valves\ncan be used for fill or discharge of cryogenic liquids as needed.\nI\nI Transferring Iiquid from the UftraSeries vessel is accomplished by the following procedure:\n1) Be sure the Vent Valve (V-2) and Full Trycock (V-3) are closed\n2) Check the pressure gauge to see that the vessel pressure is appropriate for the intended application. If additional\npressurization is required, open the Pressure Building Valve (V-1) to operate the external pressure building coil.\nIf less pressure is needed, open the Vent Valve (V-2) to lower pressure.\n3) Attach a suitable transfer line to the FilVDmin Valve (V-4).\nWARNING- It is critical that a11 transfer lines connected to the vessel be fitted with a relief valve to prevent trapping\nof liquid or gas in the transfer line. Expanding gases from vaporizing liquid create rapid increases in pressure\nresulting in violent rupture of the transfer line. This rupture can lead to serious injury or death to individuals struck\nby the line or debris thrown from the line.\n4) 5) 6) Open the Fill/ Drain Valve (V-4) as fare as necessary to obtain the desired flow rate.\nWhen the transfer is complete, close the Fill/Drain Valve w).\nWhiIe at the same location, the Pressure Building Valve (V-1) may be left open until fill operations are\ncomplete. To prevent excessive venting of gas, the Pressure Building Valve (V-1) should be closed prior to\nopening the Road Valve (V7) for transit.\nCAUTION- Before operating this vessel, please consult your supplier for the product MSDS and applicable\n\"Precautions for the safe handling and storage of liquetied gases\" for additional precautions and good practice\nregarding cryogenics.\nWC210/WC290\nULTRA FLOW SCHEMATIC\nPBC NOMENCLATURE\nITEM OESCRlPTlON\nV1 fWSSURE BUILD VALVE\nV2 VENT VPAM\nVJ FULL TRYCDCK\nV4 FILL/DRAIN VALVE\nV5 LOV PRESSURE GAUGE VALVE\nV6 HIGH PRESSURE G A W VALVE\n-\nv7 RWD VALVE\nRR RDRD RELIEF\nPR PRItW7Y RELIEF\nRO RUPTUK DISC (MAIN SAFETY)\nVO VENT DUTLET FITTING\n-\nEx-v4\nrc\nLLG LIQUID LEVEL GAUGE\nV4\npt PRESSURE GAUGE\nFC VI\nFC FILL CONNLCTIIR\nPBC Py -","truncated":false,"body_characters":18170}