{"operation":"document","citation":"15-0023","title":"Institute of Makers of Explosives — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-03-24","effective_on":null,"summary":"15-0023 response to Institute of Makers of Explosives concerning 173.62.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0023.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0023.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0023","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150023.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, DC\n1200 New Jersey Avenue SE\n20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nMAR 2 4 2015\nMs. Cynthia Hilton\nExecutive Vice President\nInstitute of Makers of Explosives\n1120 Nineteenth St. NW Suite 310\nWashington, DC 20036\nReference No. 15-0023\nDear Ms. Hilton:\nThis is in response to your January 29, 2015 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to packaging instruction\nUS 1 in the Table of Packing Methods in § 173.62. You ask if the text \"is not subject to\ndamage by contact\" is intended to prohibit any contact with other perforating guns or\narticles in the load, or is only intended to prohibit contact that under conditions normally\nincident to transportation that could cause damage.\nPackaging instruction US 1 only prohibits contact with other perforating guns or articles in\nthe load that could cause damage. Mere contact between perforating guns is not a violation\nof US 1 (1)(d)(i) unless the contact allows for movement between the contacting guns that\ncould cause damage by contact. Therefore, perforating guns that are touching, but that are\nappropriately secured for conditions normally incident to transportation, would be\ncompliant with the requirements of US 1 (1)(d)(i).\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office:\nSincerely,\nDuane A Tel\nDuane Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nWebb\nIME\n$/76.63\ninstitute of makers of explosives\nPackagung Genesil\n15-0023\nThe safety and security institute of the commercial explosives industry since 1913\nJanuary 29, 2015\nDr. Magdy El-Sibaie\nAssociate Administrator for Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Ave., SE\nWashington, DC 20590\nRequest for Letter of Interpretation\nDear Dr. El-Sibaie,\nI am writing on behalf of members of the Institute of Makers of Explosives! (IME) to\nMethods in § 176.63 which states,\nrequest further clarification of Packaging instruction US 1 in the Table of Packing\n\"A motor vehicle transporting a gun must have specially built racks or carrying\ncases designed and constructed so that the gun is securely held in place during\ntransportation and is not subject to damage by contact, one to the other or any\nother article or material carried in the vehicle\". (Emphasis added.)\nPackaging instruction US 1 provides instruction for the packing and transport of jet\nperforating guns by truck and vessel.2 In 2010, PHMSA issued an interpretation3 of\nPackaging instruction US 1 clarifying that,\nUS I (1)(d)(i) means that the guns must be secured in place in specially built\nracks or carrying cases in a manner to prevent the guns from any contact\n(including touching) with other guns, as well as with other articles or materials,\nbeing transported in the vehicle that will cause damage to the perforating guns.\nNoting this interpretation, IME requests an interpretation that specifically addresses\nwhether the regulatory phrase \"is not subject to damage by contact\" is intended to\nprohibit any contact with other perforating guns or articles in the load, or if the\nregulation only prohibits contact that under conditions normally incident to\ntransportation that could cause damage.\nperforating guns are simply in \"contact.\" Although the letter of interpretation from\nOur members report continuing to receive citations for violations of US1 because\nPHMSA on this matter affirms that only contact that will \"cause damage\" is a regulatory\nrecommendations concerning the safety and security of commercial explosive materials. IME does not\n\" IME is a nonprofit association founded in 1913 to provide accurate information and comprehensive\n= 49 CFR 173.62.\nsponsor trade shows or other marketing events.\n3 Interpretation 10-0109.\n1120 Nineteenth Street, NW, Suite 310, Washington, DC 20036, USA, (202) 429-9280, FAX (202) 293-24\n\n<<<PAGE 3>>>\n\n2\nviolation, misinterpretation within the enforcement community continues. We believe\nthis occurs due to the phrase \"any contact (including touching) with other guns\" from\n\"that will cause damage.\"\nthe 2010 interpretation. It appears that inspectors do not link this ban to the qualifier\nWe also recognize that inspectors may not be trained to know the forces that these guns\nare subject to in drilling operations prior to initiation. Thus, inspectors, with no\nknowledge about what force is necessary to cause damage, take the conservative\napproach that damage could result from \"any contact\". Yet, the safest way to move these\nguns is to tie them as tightly as possible one to another. This is industry best practice\nand we are unaware of any incidents involving these guns from this type of secured\ntransport.\nWe would appreciate another letter of interpretation to clarify that \"contact/touching\" is\nnot the issue, \"damage\" due to unsecured or improperly secured guns is. I have\nattached some pictures of guns properly secured, but they are touching. Damage from\ntouching, when guns are properly secured, will not occur.\nThank you for your attention to this request.\nRespectfully,\nCynthia Hilton\nCynthia Hil\nExecutive V\nchilton@im\n03/29/2010\nFigure 1 - Jet Perforating Guns with Straps to secure them and prevent damage on an\noffshore pallet. Note the guns are touching without causing damage.\n\n<<<PAGE 4>>>\n\n3\nPT 2780/2\nPT270375\ntouching without causing damage.\nFigure 2 - - Jet Perforating Guns with Straps to secure them and prevent damage on an offshore basket. Note the guns are\n/\nwithout causing damage.\nFigure 3 -- Jet Perforating Guns with straps to secure them and prevent damage on a trailer. Note the guns are touching\n\n<<<PAGE 5>>>\n\nFigure 4 - Jet Perforating Guns with Straps to secure them and prevent damage on an offshore pallet. Offshore pallet is being\nprepared for road transport to the port.","truncated":false,"body_characters":5993}