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Interpretation Response #07-0123 ([Aug 13, 2007] [Mr. Norman W. Briggs])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Aug 13, 2007

Individual Name: Mr. Norman W. Briggs

Location State: PA Country: US

View the Interpretation Document

Response text:

Aug 13, 2007

Mr. Norman W. Briggs                                 Reference No. 07-0123

Propane Poncho LLC

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.

You state that your company is in the process of manufacturing a decorative cover for propane tanks used primarily for residential heating. These propane tanks would be permanently stationary, and the cover would never be used if the tank itself were being transported. You ask whether the requirements in 49 CFR 178.337-1(d) prohibit a decorative cover from being placed on a propane tank, even though the tank is stationary and located adjacent to an individual"s residence.

The HMR do not apply to a permanently stationary propane tank used primarily for residential heating, including its decorative cover. The Department of Labor's Occupational Safety and Health Administration has jurisdiction over various type of containers used in the storage of certain hazardous materials. Also, some State and local agencies have requirements governing the storage and use of containers. You should contact these agencies for details of their requirements.

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.

Sincerely,

John A. Gale

Chief, Standards Division

Office of Hazardous Materials Standards

178.337-1(d)

Regulation Sections