{"operation":"document","citation":"24-0007","title":"ABC Nitrogen Service Corp — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-03-27","effective_on":null,"summary":"24-0007 response to ABC Nitrogen Service Corp concerning 171.8, 173.320.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0007","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-03/240007.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMarch 27, 2024\nAimee Fontenot\nDOT Coordinator\nABC Nitrogen Service Corp\n11425 I-10 East\nBaytown, TX 77523\nReference No. 24-0007\nDear Ms. Fontenot:\nThis letter is in response to your January 26, 2024, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding\nrequirements for transportation of nitrogen, refrigerated liquid (cryogenic liquid). You state that\nyour company transports nitrogen in insulated cargo tanks designed and constructed so that the\npressure in such packagings will not exceed 25.3 psig under ambient temperature conditions\nduring transportation in accordance with § 173.320(a). It is your understanding that this\ntransportation is excepted from certain requirements of the HMR. Specifically, you ask whether\nhazard placards are required on insulated cargo tanks that transport “UN1977, Nitrogen,\nrefrigerated liquid cryogenic liquid, 2.2” in this manner.\nThe answer is no. Placards are not required on the insulated cargo tanks used for carriage of\n“UN1977, Nitrogen, refrigerated liquid cryogenic liquid, 2.2” when transported in accordance\nwith the conditions of § 173.320(a). The exceptions contained in § 173.320 are applicable to the\ntransportation by motor vehicle and railcar of “atmospheric gases” such as nitrogen—see\n§ 171.8—and helium, cryogenic liquids, in select packagings, including insulated cargo tanks,\ndesigned and constructed so that the pressure in such packagings will not exceed 25.3 psig\nunder ambient temperature conditions during transportation. This includes exception from the\nPart 172, Supbart F placarding requirements of the HMR.\nI hope you find this information helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nRoundtree\n24-0007\nFrom: Roundtree, Taurean (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: DerKinderen, Dirk (PHMSA)\nSubject: FW: 173.320 - LOI request\nDate: Friday, February 2, 2024 11:26:10 AM\nAttachments: image002.png\nGood morning Alice,\nThis email came in last week and we attempted to answer via phone/email with a\npreviously issued letter, but the requestor would like a letter that is addressed to\ntheir company. The original request is at the bottom of this message, and I am\nincluding her contact information as well. I have spoken Dirk we have agreed to\ndraft a letter, could you please enter the request into FileMaker and assign it to\nme.\nRequestor title and contact info:\nAimee Fontenot\nDOT Coordinator\nABC Nitrogen Service Corp\n11425 I-10 East\nBaytown, Texas 77523\n832-790-9279\nThank you,\nTaurean Roundtree\nTransportation Specialist\nUnited States Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n(771) 216-4118 (cell)\nFrom: Cardez, Eugenio (PHMSA) \nSent: Friday, January 26, 2024 12:58 PM\nTo: Roundtree, Taurean (PHMSA) \nCc: DerKinderen, Dirk (PHMSA) ; Nickels, Matthew (PHMSA)\n\nSubject: FW: 173.320\nHey Taurean,\nWould you mind taking an initial try with this one and see if we can maybe handle by phone. If they\n\n<<>>\n\nstill want to request a letter we’ll move it to Alice for formal processing. We can have a chat before\nyou reaching out to them and go over your findings if you’d like.\nThanks,\nEugenio\nFrom: Raynor, T'Mia (PHMSA) \nSent: Friday, January 26, 2024 12:21 PM\nTo: Hazmat Interps \nSubject: FW: 173.320\nGood Afternoon,\nWould someone from the team be able to assist the user below?\nThanks,\nT’Mia Raynor\nWebmaster, Office of the PHMSA CIO\nUS Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave. SE, Washington, D.C., 20590\nOffice: 202.366.9818 ◊ Mobile: 202.580.9447\nPHMSA Home | LinkedIn | Twitter | HAZMAT | OPS\nFrom: Aimee Fontenot \nSent: Friday, January 26, 2024 12:20 PM\nTo: PHMSA Website Manager \nSubject: 173.320\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nGood Morning,\nI write you today with a formal request for a formal letter of interpretation regarding the\napplicability of the cryogenic exemption under section 173.320 for placarding purposes.\nOur organization transports Nitrogen in insulated cargo tankers that are designed and\nconstructed so that the pressure will not exceed 25.3 psig under ambient temperature\nconditions during transportation. We seemed to be challenged on the exemption by police\n\n<<>>\n\nand Dot officers on the road about not having a Hazmat Placard. Can you please give me a\nformal interpretation of the exemption as it pertains to transporting N2 by tanker stating if or\nif not required to have a hazmat placard, or any placard other than the UN 1977.\nThank you in advance for your time and consideration.\nAimee Fontenot\nABC Nitrogen\n832-790-7979","truncated":false,"body_characters":5254}