Aug 13, 2007 — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Ave SE of Transportation Washington DC 20530 Pipeline and Hazardous Materials Safety Administration AUG 1 3 2007 Propane Poncho LLC Mr. Norman W. Briggs Ref. No.: 07-0123 300 Westbrook Drive Clifton Heights, Pennsylvania 19018 Dear Mr. Briggs: This responds to your letter dated June 14, 2007, regarding the use of a decorative cover on a permanently stationary propane tank used primarily for residential heating. propane tanks used primarily for residential heating. These propane tanks would be You state that your company is in the process of manufacturing a decorative cover for transported. You ask whether the requirements in 49 CFR 178.337-1(d) prohibit a decorative permanently stationary, and the cover would never be used if the tank itself were being cover from being placed on a propane tank, even though the tank is stationary and located adjacent to an individual's residence. residential heating, including its decorative cover. The Department of Labor's Occupational The HMR do not apply to a permanently stationary propane tank used primarily for for details of their requirements. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Johe A Gate PASS:) / Office of Hazardous Materials Standards /Chief, Standards Division 178.337-1(d) 070123#

Page 2Engrum 9178.337-1(d) 300 Westbrook Drive Propane Poncho LLC Cargo Tanks Clifton Heights, Pa. 19018 07-0123 610-626-5583 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Re: Interpretation of 49 C.F.R. 178.337-1(d) Dear Mr. Mazzullo: agency's representatives on June 7, 2007. This is letter is a follow up to my telephone conversation with one of your Our company is in the process of manufacturing a decorative cover for this product and this particular section. Ben agreed that 178.337-1(d) would I spoke with a representative of your agency (Ben) on June 7, 2007 about stationary and permanently affixed adjacent to a house or other structure. W only apply to a cargo tank that is affixed to a motor vehicle, not a tank that i requested that interpretation be placed in writing, and he advised that we should write this letter to your attention. to the non-applicability of this section to the product, then please forward a Please be so kind as to review this section and this letter. If you agree as letter to my attention, confirming your agency's interpretation. Of course, if you require any additional information about our product, please do not hesitate to contact me. Very truly yours, RMAN W. BRIGGS cc: Joseph Fricker#