{"operation":"document","citation":"20-0074","title":"Clark Hill PLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-12-16","effective_on":null,"summary":"20-0074 response to Clark Hill PLC concerning 172.401.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0074.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0074.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0074","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74596/200074.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDecember 16, 2020\nJustin J. Marks\nClark Hill PLC\n1001 Pennsylvania Ave NW\nWashington, DC 20004\nReference No. 20-0074\nDear Mr. Marks:\nThis letter is in response to your September 3, 2020, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking and\nlabeling requirements for propane tanks. In your email, you state that your client is a company\nthat manufactures large propane tanks ranging in size from approximately 6 feet long and 3 feet\nhigh, to approximately 24 feet long and 5 feet high. You state that your client ships these\npropane tanks new, empty, and with shrink-wrapped valves. You also state that your client\nwould like to adhere an accompanying label/marking to each propane tank, and you have\nincluded a picture of the label/marking along with your email. As shown in the picture, the top\nof the rectangular label/marking has a large red banner that contains an exclamation mark inside\nof a white triangle and the word “DANGER,” the left-hand side has a black and white flame\nsymbol, and the right-hand side contains an “explosion hazard” warning as well as additional\nwarnings for other problems owners should be aware of described in plain text. Specifically, you\nask whether it would be a violation of the HMR to adhere the warning label/marking described\nabove to a propane tank.\nThe answer is no. Section 172.401(b) prohibits a person from offering or transporting a package\nbearing a marking or label which by its color, design, or shape could be confused with or conflict\nwith a label in the HMR. Based on the information provided in your email and review of the\npicture of the label/marking itself, it is the opinion of this Office that the label/marking would\nnot be in violation of the HMR. However, please note that the “flame” symbol is similar to the\nGlobally Harmonized System labels regulated by the Occupational Safety and Health\nAdministration and may frustrate the transportation of the shipment.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nWolcott\n20-0074\nFrom: DerKinderen, Dirk (PHMSA)\nTo: Dodd, Alice (PHMSA)\nSubject: FW: Warning Sticker\nDate: Friday, September 11, 2020 2:43:21 PM\nAttachments: Warning Label.png\nimage002.png\nHi Alice,\nDid Mike forward this to you for inclusion as a request for an interp?\nIf not, let’s create a record and assign.\nThanks,\nDirk Der Kinderen\nChief, Standards Development Branch\nPHMSA\n202-366-4460\nFrom: Horsley, Adam (PHMSA)\nSent: Thursday, September 10, 2020 10:08 AM\nTo: DerKinderen, Dirk (PHMSA) ; Ciccarone, Michael (PHMSA)\n\nSubject: FW: Warning Sticker\nHi Dirk and Mike,\nCan we please treat this as a request for a letter of interpretation? Please let me know if we need\nadditional information from Justin Marks.\nBest,\n- Adam\nAdam Horsley\nDeputy Assistant Chief Counsel, Office of Chief Counsel\nUS Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, S.E., Washington, D.C. 20590\nOffice: 202.366.8000 ◊ Facsimile: 202.366.7041\nPHMSA Home | LinkedIn | Twitter | HAZMAT | OPS\nPRIVILEGED & CONFIDENTIAL: This e-mail, including any attachments, is confidential, intended\nonly for the named recipient(s) above and may contain information that is privileged, confidential,\nattorney work product or otherwise legally protected. If you have received this message in error, or are\nnot the named recipient(s), please immediately notify me and permanently delete this e-mail message and\nany attachments from your workstation and/or network mail system.\n\n<<>>\n\nFrom: Marks, Justin J. [mailto:jmarks@ClarkHill.com]\nSent: Thursday, September 3, 2020 6:28 PM\nTo: Horsley, Adam (PHMSA) \nSubject: Warning Sticker\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nHi Adam:\nAttached is the warning sticker that we discussed on the phone. And here is a summary of the\nclient’s situation:\nThe company manufactures large propane tanks ranging in size from approximately 6 feet long and 3\nfeet high to approximately 24 feet long and 5 feet high.\nThe company ships the tanks new, empty, with shrink wrapped valves. They want to include warning\nlabels on the tanks.\nI appreciate your help in determining that the client will not run afoul of PHSMA’s regulations.\nThanks,\nJustin\nJustin J. Marks\nCLARK HILL PLC\n1001 Pennsylvania Ave. NW | Washington, DC 20004\n202.772.0916 (Direct) | 202.772.0930 (Fax) |\njmarks@ClarkHill.com | www.clarkhill.com\nThis email message and any attachments are confidential and may be privileged. If you are not the\nintended recipient, please notify us immediately by reply email and destroy all copies of this message\nand any attachments. Please do not copy, forward, or disclose the contents to any other person.\nThank you.","truncated":false,"body_characters":5258}