Clark Hill PLC — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration December 16, 2020 Justin J. Marks Clark Hill PLC 1001 Pennsylvania Ave NW Washington, DC 20004 Reference No. 20-0074 Dear Mr. Marks: This letter is in response to your September 3, 2020, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking and labeling requirements for propane tanks. In your email, you state that your client is a company that manufactures large propane tanks ranging in size from approximately 6 feet long and 3 feet high, to approximately 24 feet long and 5 feet high. You state that your client ships these propane tanks new, empty, and with shrink-wrapped valves. You also state that your client would like to adhere an accompanying label/marking to each propane tank, and you have included a picture of the label/marking along with your email. As shown in the picture, the top of the rectangular label/marking has a large red banner that contains an exclamation mark inside of a white triangle and the word “DANGER,” the left-hand side has a black and white flame symbol, and the right-hand side contains an “explosion hazard” warning as well as additional warnings for other problems owners should be aware of described in plain text. Specifically, you ask whether it would be a violation of the HMR to adhere the warning label/marking described above to a propane tank. The answer is no. Section 172.401(b) prohibits a person from offering or transporting a package bearing a marking or label which by its color, design, or shape could be confused with or conflict with a label in the HMR. Based on the information provided in your email and review of the picture of the label/marking itself, it is the opinion of this Office that the label/marking would not be in violation of the HMR. However, please note that the “flame” symbol is similar to the Globally Harmonized System labels regulated by the Occupational Safety and Health Administration and may frustrate the transportation of the shipment. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Wolcott 20-0074 From: DerKinderen, Dirk (PHMSA) To: Dodd, Alice (PHMSA) Subject: FW: Warning Sticker Date: Friday, September 11, 2020 2:43:21 PM Attachments: Warning Label.png image002.png Hi Alice, Did Mike forward this to you for inclusion as a request for an interp? If not, let’s create a record and assign. Thanks, Dirk Der Kinderen Chief, Standards Development Branch PHMSA 202-366-4460 From: Horsley, Adam (PHMSA) Sent: Thursday, September 10, 2020 10:08 AM To: DerKinderen, Dirk (PHMSA) <Dirk.DerKinderen@dot.gov>; Ciccarone, Michael (PHMSA) <m.ciccarone@dot.gov> Subject: FW: Warning Sticker Hi Dirk and Mike, Can we please treat this as a request for a letter of interpretation? Please let me know if we need additional information from Justin Marks. Best, - Adam Adam Horsley Deputy Assistant Chief Counsel, Office of Chief Counsel US Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, S.E., Washington, D.C. 20590 Office: 202.366.8000 ◊ Facsimile: 202.366.7041 PHMSA Home | LinkedIn | Twitter | HAZMAT | OPS PRIVILEGED & CONFIDENTIAL: This e-mail, including any attachments, is confidential, intended only for the named recipient(s) above and may contain information that is privileged, confidential, attorney work product or otherwise legally protected. If you have received this message in error, or are not the named recipient(s), please immediately notify me and permanently delete this e-mail message and any attachments from your workstation and/or network mail system.#

Page 3From: Marks, Justin J. [mailto:jmarks@ClarkHill.com] Sent: Thursday, September 3, 2020 6:28 PM To: Horsley, Adam (PHMSA) <adam.horsley@dot.gov> Subject: Warning Sticker CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Hi Adam: Attached is the warning sticker that we discussed on the phone. And here is a summary of the client’s situation: The company manufactures large propane tanks ranging in size from approximately 6 feet long and 3 feet high to approximately 24 feet long and 5 feet high. The company ships the tanks new, empty, with shrink wrapped valves. They want to include warning labels on the tanks. I appreciate your help in determining that the client will not run afoul of PHSMA’s regulations. Thanks, Justin Justin J. Marks CLARK HILL PLC 1001 Pennsylvania Ave. NW | Washington, DC 20004 202.772.0916 (Direct) | 202.772.0930 (Fax) | jmarks@ClarkHill.com | www.clarkhill.com This email message and any attachments are confidential and may be privileged. If you are not the intended recipient, please notify us immediately by reply email and destroy all copies of this message and any attachments. Please do not copy, forward, or disclose the contents to any other person. Thank you.#