{"operation":"document","citation":"16-0188","title":"Propetro — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-04-12","effective_on":null,"summary":"16-0188 response to Propetro concerning 173.401.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0188.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0188.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0188","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160188.pdf","body":"<<>>\n\nDirector of DOT Compliance\nPropetro\nP.O. Box 10688\nMidland, TX 79702\nReference No. 16-0188\nDear Mr. Garcia:\nThis letter is in response to your November 15, 2016, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Class 7\nradioactive material. In your email, you explain that your company uses a density gauge\ncontaining a radioactive source of Celsium-137 that is then installed on a \"Blender\" unit that acts\nas a semi-trailer when in transportation. Specifically, you ask if your radioactive density gauge\nis considered an integral part of the means of transportation when installed on the \"Blender\" unit\nand therefore excepted under § 173.401(b)(3). You provide photographs for further clarification.\nA final rule titled, \"Hazardous Materials Regulations; Compatibility With the Regulations of the\nInternational Atomic Energy Agency\" published January 26, 2004 [69 FR 3631] under Docket\nNo. RSPA-99-6283 (HM-230), states that the purpose of § 173.401(b)(3) is to \"except from the\nHMR such items as thoriated metallic engine parts, depleted uranium counterweights, tritium\nexit signs, and similar items containing radioactive material which are an integral part of, and are\nroutinely used in the normal operation of a transport vehicle.\" In the scenario you provided, the\ndensity gauge would not be considered an integral part of the means of transportation and\ntherefore would not meet the exception in § 173.401(b)(3). While this gauge may be integral to\nthe \"Blender\" performing its functions as a Blender, the gauge does not perform a function\nnecessary for the \"Blender\" to act as a transport vehicle.\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\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. Mr. Garcia spoke with Eamonn.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Tony Garcia [mailto:tony.garcia@propetroservices.com]\nSent: Tuesday, November 15, 2016 6:43 PM\nTo: PHMSA HM InfoCenter\nSubject: HMR applicability to Densitometers containing a Radioactive Source\nTo whom it may concern:\nOur company is in the oilfield services and utilizes densitometers that contain a radioactive source of Cesium-137 that\nrequire yellow Il labels. The Cs-137 comes in a special form A1 package that is a \"USA DOT 7A Type A\". These sources\nare used to measure the density of fluids that are being pumped downhole while performing the fracking or cementing\nprocess. Our sources are shipped to us by the manufacturer under full compliance of the HMRs. Once received by our\nfacility, we install each of these sources on a Blender, which is a large oilfield piece of machinery that is used to blend\nchemicals with sand as they are pumped downhole. Once the radioactive source is installed on the equipment, it\nbasically becomes part of the equipment. It is not easily removed as it is attached to the piping of the equipment. This\nvehicle is a non-divisible load and basically the entire machine becomes the semitrailer. As this vehicle rolls down the\nroad, the shutter is in the closed position and secured with a lock. I also attached photos to better clarify my\nexplanation. The first set of pictures is to illustrate how they come shipped from the manufacturer, the second set\nillustrates after the source is installed on the blender. The source also comes with a detector on the opposite side that\ncontains a small qty of xenon gas which is a 2.2. Currently we operate under full compliance of the HMRs, we provide a\nshipping paper, markings, labels, ERI, etc... but my question is:\nDoes the exception of Part 173.401(b)(3) apply in our case? Does our radioactive source become an integral part of the\nmeans of transport? Please clarify...\nTony Garcia\n(Director of DOT Compliance)\nOffice: 432.685.0059\nCell: 432-488-9070\n\n<<>>\n\nany review, dissemination or copying of this email and its attachments, or the information contained herein, is prohibited\nand such actions may be unlawful. If you have received this email in error, please immediately notify the sender by return\nemail and delete this email from your system. Thank you.\n\n<<>>\n\n\n\n<<>>\n\n\n\n<<>>\n\n\n\n<<>>","truncated":false,"body_characters":4378}