Radian International — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Special Programs Administration FEB 1 0 1999 Mr. Andrew N. Romach Ref. No. 98-0316 Corporate Regulatory Compliance Manager Radian International P.O. Box 13000 Research Triangle Park, NC 27709 Dear Mr. Romach: This is in response to your letter dated October 20, 1998, requesting clarification on placarding requirements for cryogenic liquids under §§ 173.320(a) and 177.823(a) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you are asking if placarding is required for cryogenic liquids under both §§ 173.320(a) exception and 177.823(a) for emergency situations. With the exception of oxygen, cryogenic liquids being shipped and transported under the exception provisions in § 173.320(a) are not subject to placarding. However, compliance with subparts A, B, C, D, G, and H of part 172 is required. Under § 177.823(a), a carrier may not move a transport vehicle containing a hazardous material unless the vehicle is marked and placarded in accordance with part 172 when required or as authorized in § 171.12a of this subchapter, or there is an emergency. Marking and placarding is not required in an emergency when (1) the vehicle is escorted by a state or local government representative; (2) the carrier has permission from the Department; or (3) movement of the transport vehicle is necessary to protect life or property. However, if an exception from placarding is provided elsewhere in the HMR, such as in § 173.320, the requirements for placarding in § 177.823 do not apply. Thank you for bringing this situation to our attention. We will clarify these requirements in a future rulemaking. I hope this answers your inquiry. Sincerely, ins Hill Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 298-0316 - Boothe PEM RADIAN INTERNATIONAL § 177.823 EGROUP A DAMES & MOORE GROUP COMPANY Mailing Address: Post Office Box 13000 Research Triangle Parl Jorth Carolina 2770 October 20, 1998 1600 Perimeter Park Drive Physical/Shipping Address: Morisville, North Carolina 27560 919 461 1100 Tel Mr. Ed Mazzullo, Director 919 461 1415 Fax Office of Hazardous Material Standards Research and Special Programs Administration U.S. Department of Transportation 400 7th Street, SW Washington, DC 20509-0001 FAX: (202) 366-3012 Dear Mr. Mazzullo: The purpose of this letter is to request a written regulatory clarification concerning applicable placarding requirements for cryogenic liquids discussed in the exceptions found in 49 CFR $173.320(a). Paragraph (a)(2) states that cryogenic liquids meeting the requirements of 49 CFR 173.320(a) are subject to Subparts A, B, C, and D of part 172. Note that Subpart F (placarding requirements) is omitted from this list, implying that these cryogenic liquids are not subject to Subpart f. However, paragraph (a)(3) of this section refers to 177.823; paragraph (a) of 177.823 states that: "A carrier may not move a transport vehicle containing a hazardous material unless the vehicle is marked and placarded in accordance with part 172 or as authorized in 171.12a of this subchapter..." It appears that this reference is concerned with the movement of motor vehicle in emergency situations (as the title of section 177.823 states); however, the intention is not entirely clear as to whether or not placarding is required. Please advise me on the intent of the regulations: Is placarding required for cryogenic liquids meeting the requirements of the 177.823? If so, what type of emergency situation would require placarding? exception in 49 CFR 173.320(a)? Is placarding required for emergency situations under 49 CFR If you have any questions concerning this request, please call me directly at (919) 461-1220. Sincerely, Corporate Regulatory Compliance Manager Radian International Engineering Services in North Carolina are performed through Radian International's wholly owned subsidiary, Radian Engineering Inc. Offices Worldwide#