AmeriGas Propane — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration JAN 0 5 2016 Mr. Christopher J. Wagner AmeriGas Propane 460 N. Gulph Rd. King of Prussia, PA 19406 Ref. No. 15-0242 Dear Mr. Wagner: This is a response to your December 9, 2015 email requesting a letter of interpretation of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding specification MC 331 reflective design in accordance with § 178.337-1(d). You provide a photograph of a MC331 reflective design incorporating both white and aluminum colors and a supporting reflective scale for the colors used. It is your understanding based on the information provided that your tank meets the reflective design requirements of the HMR. Your understanding is correct. It is the opinion of this Office that since the majority of the color on the upper two thirds of the cargo tank is white or aluminum and that there is a limited amount of the red and blue color in the American Flag and the AmeriGas logo, that the paint scheme on the cargo tank would be in compliance with § 178.337-1(d). I hope this answers your inquiry. If you need additional assistance, please contact this Office again. Sincerely, Sirk Der Kindere Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2: Mitchell $178.337-1(d Cargo Tanks Dodd, Alice (PHMSA) 15-0246 From: Geller, Shelby CTR (PHMSA) Sent: Wednesday, December 09, 2015 3:27 PM To: Hazmat Interps Subject: FW: Request for Interpretation Dear Shante and Alice, Below is a request for a formal letter of interpretation. Mr. Wagner spoke with Eamonn. Thanks, Shelby From: Wagner, Christopher J. [mailto:Christopher.Wagner@amerigas.com] Sent: Wednesday, December 09, 2015 1:20 PM To: PHMSA HM InfoCenter Subject: Request for Interpretation Good afternoon, I am writing to request an interpretation of the intent of 49 CFR 178.337-1 (d) as it relates to the reflective nature.of the upper two-thirds of a cargo tank barrel on MC-331 specification tanks permanently attached to a cargo tank motor . vehicle. The regulation states that every uninsulated cargo tank permanently attached to a cargo tank motor vehicle shall, unless covered with a jacket made of aluminum, stainless steel, or other bright non-tarnishing metal, be painted a white, aluminum or similar reflecting color on the upper two-thirds of area of the cargo tank. In a recent campaign to support our below: troops we have designed a wrap for our cargo tanks consisting primarily of both white and aluminum colors as pictured -Amertuass It is our interpretation based on the below reflective scale that our tank barrel does in fact meet a reflective standard consistent with the white or aluminum requirement. 1#

Page 3LRV Scale (not the same as grayscale) ELSAmArA 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% We also believe that based on previous interpretations in this regulation that the red and blue in the American Flag and the AmeriGas logo are in limited quantity and would not impact the majority color on the upper two-thirds of the cargo tank which is white and silver. (Reference 14-0180, 11-0067, 02-0163) Thank you in advance for your guidance and assistance. Be Safe! Safety Compliance and Training Director Christopher J. Wagner 460 N. Gulph Rd. AmeriGas Propane King of Prussia, PA 19406 Cell: 610-308-3822 Office: 610-337-7000 X 1292 Email: Christopher.Wagner@amerigas.com Safety isn't expensive.......It's Priceless! 2#