Fisher BioServices — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 August 17, 2020 Aijaz A. Khan Transportation Supervisor, Commercial Operations Fisher BioServices 14665 Rothgeb Drive Rockville, MD 20850 Reference No. 20-0050 Dear Mr. Khan: This letter is in response to your June 30, 2020, email and subsequent phone conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to cryogenic liquids. Specifically, you ask for clarification regarding the use of the exceptions for cryogenic liquids as provided in § 173.320 and provide a description of a liquid nitrogen refrigeration system used to maintain the temperature of materials being transported by motor vehicle. You state that the refrigeration system consists of five Dewar flasks filled with liquid nitrogen permanently attached to the transport vehicle and the flasks are equipped with pressure release valves that maintain a pressure of less than 25 psig. We have paraphrased and answered your questions as follows: Q1. You ask whether placards are required on a company vehicle that transports the liquid nitrogen refrigeration system. A1. The answer is no. Cryogenic liquids transported by motor vehicle, as described in your scenario, are eligible for relief from the HMR, as provided in § 173.320. The exceptions contained in § 173.320 are applicable to the transportation by motor vehicle of cryogenic liquids in Dewar flasks designed and constructed so that the pressure in such packagings will not exceed 25.3 psig under ambient temperature conditions during transportation. Section 173.320(b) further provides that the requirements of the HMR do not apply to atmospheric gases (see § 171.8) and helium when used in operation of a process system, such as a refrigeration system. Therefore, the display of placards on the transport vehicle is not required.#

Page 2Q2. You ask whether a vehicle operator must have a hazardous material (hazmat) endorsement on a Commercial Driver’s License (CDL) when transporting the liquid nitrogen refrigeration system. A2. The answer is no. The Federal Motor Carrier Safety Administration, the Agency responsible for issuing the licensing standards for commercial motor vehicle drivers in 49 CFR part 383, requires a driver who transports hazardous material shipments to obtain a hazmat endorsement on a CDL. However, the requirement for a hazmat endorsement only applies to shipments for which a placard is required under the HMR or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73. Because the refrigeration system is excepted from the placarding requirements prescribed in part 172, subpart F of the HMR, a hazmat endorsement on a CDL is not required. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Cardez 20-0050 Thermo Fisher SCIENTIFIC The worl d h~,1der 1 11 serving soence Fisher BloServlces DOT# 1490455 14665 Rothgeb Drive Rockville, MD 20850 Phone:240-328--3664 www.fisherbioservices.com ®Fisher Blolervlc•• June 30, 2020 Fisher BioServices ,, 14665 Rothgeb Drive Rockville, MD 20850 DOT# 1490455 Hello, I I would like to request a written letter of interpretation ' concerning the applicability of 49 CFR § 173.320 (Cryogenic liquids; exceptions) to a liquid nitrogen-based refrigeration system designed and permanently fixed on 3 axle Freightliner with GVW of 55,000 lbs 26-foot box CDL truck. The liquid nitrogen system is used to maintain, and cool temperature of material 6r product being transported by the truck. The refrigerated system consists of 5 LN2 Dewars that contain the ln2 inside of the Dewar. See details on Dewars below. The Dewars are permanently attached to the truck and can be moved. The combined ln2 capacity of all the Dewars is more than 1000 litters. These Deawars have a pressure release valve and maintain a PSI of less than 25PSI. Are we required to Placard our vehicle or are exempt from Placarding and Hazmat Regulation? Are we exempt from requiring our drivers to maintain a HAZMAT CDL license? Three Taylor -Wharthon 240 liters MODEL NO. XL240PB PART NO. L240-0C06 TC4LM DOT4L TWO Taylor -Wharthon 160 liters MODEL NO. XL-160 PART NO. Ll60-0C03 TC4LM DOT4L Regards, AijazKhan Aijaz A. Khan Transportation Supervisor, Commercial Operations Pharma Services I Fisher Clinical Services, by Thermo Fisher Scientific 14665 Rothgeb drive I Rockville, MD 20850 I , Mqbile: 240,328-3664 , , 1 'I , I I aijaz.khan@thermofisher.com I fisherclinicalservices.com#