{"operation":"document","citation":"16-0198","title":"C&J Energy Services Ltd. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-12-28","effective_on":null,"summary":"16-0198 response to C&J Energy Services Ltd. concerning 172.301, 172.304, 172.406.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0198.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0198.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0198","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/56806/160198.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nNOV I 5 2017\nGeorge Doggett\nRadiation Safety Officer\nC&J Energy Services Ltd.\n3990 Rogerdale\nHouston, TX 77042\nReference No. 16-0198\nDear Mr. Doggett:\nThis letter is in response to your December 8, 2016, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking and\nlabeling. Specifically, you ask about marking and labeling requirements and the applicability of\nusing a tag for a nuclear density gauge that contains a Class 7 radioactive material.\nWe have paraphrased and answered your questions as follows:\nQI. You ask ifthe character height requirement in§ 172.301(a)(l) that was introduced in a\nfinal rule entitled \"Hazardous Materials: Harmonization with International Standards\n(RRR) under Docket PHMSA-2012-0027 (HM-215L) [78 FR 65453] applies to proper\nshipping names in addition to United Nations (UN) identification numbers.\nAl. The answer is no. The character height requirement only lists UN, North America (NA),\nand International Civil Aviation Organization (ICAO) identification numbers as having a\nnew standard size. This requirement does not apply to proper shipping names.\nQ2. You ask what is the minimum character height for proper shipping names.\nA2. The HMR do not specifically prescribe a minimum character height for proper shipping\nname markings.\nQ3. You ask if your company could be allowed a \"variance\" from the HMR in order to affix\nonly one Yellow II Class 7 label due to the product in question being a special form\nradioactive material.\nA3. The answer is no. Section 172.406( e) does not provide any exceptions for the placement\nof labels for special form materials. However, special permits may authorize relief from\nany requirement in the HMR, provided the applicant dempnstrates an equivalent level of\nsafety to that intended by the regulation. To apply, you must submit an application to the\nAssociate Administrator for Hazardous Materials Safety in conformance with the\n\n<<<PAGE 2>>>\n\nrequirements prescribed in 49 CFR Part 107, Subpart B. You may obtain information on\nthe special permit application process from our website at:\nhttp://www.phmsa.dot.gov/hazmat/regs/sp-a. In addition, according to information\nprovided by the manufacturer, the type A package is the entire device including source\nhousing, and detector housing both mounted to pipe in opposing positions meaning the\nentire device may be used for marking and labeling purposes.\nQ4·\n. If the answer to Q3 is no, you ask if it is possible to affix a tag, on which the proper\nshipping name and UN number are printed, to the device in a manner that will preclude\nits easy removal in order to save space on the gauge to affix the two required labels.\nA4. Section 172.304 states that markings must be durable, in English, and printed on or\naffixed to the surface of a package or on a label, tag, or sign. The marking must be\ndisplayed on a sharply contrasting background, unobscured by labels or attachments, and\nlocated away from any other marking that could substantially reduce its effectiveness. If\nthese requirements are met, a tag could be used to meet the requirements of\n§ 172.301(a)(l).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nGoodall, Shante CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nINFOCNTR (PHMSA)\nTuesday, December 13, 2016 9:49 AM\nHazmat Interps\nFW: Clarification request\nScanned Letter to PHMSA requesting clarification 12-4-16 (CH).pdf\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. Mr. Doggett spoke with Eamonn.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: George Doggett [mailto:George.Doggett@casedhole-solutions.com]\nSent: Thursday, December 08, 2016 6: 13 PM\nTo: INFOCNTR (PHMSA)\nSubject: Clarification request\nPlease find attached a request for clarification of the HAZMAT regulations for marks and labels on a nuclear density\ngauge transported by Company vehicle on public roads and highway.\nThanks\nCased hole\nSolutions\nGeorge Doggett\nSr. Director QHSE Drilling & Completions\nCasedhole Solutions\n3990 Rogerdale\nHouston, TX 77042\nPh: 713-325-6053\nCell: 832-954-8914\nFax: 713-325-5921\ncjenergy.com\nThis communication is the property ofC&J Energy Services and may contain confidential or privileged\ninformation. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have\nreceived this communication in error, please immediately notify the sender by reply e-mail and destroy all\ncopies of the communication and any attachments.\n1\n\n<<<PAGE 4>>>\n\nC & J ENERGY SERVICES l TD.\nHOUSTON CORPORATE HEADQUARTERS\n3990 Rogerdale •Houston, TX 77042\nPhone: (713) 325-6053 •Fax: (713) 325-5910\nC&.J Energy Services-------------------------\nSunday,December04,2016\nStandards and Rulemaking Division,\nPipeline and Hazardous Materials Safety Administration,\nAttn: PHH-10, U.S. Department of Transportation, East Building,\n1200 New Jersey Avenue, SE.,\nWashington, DC 20590-001\nE-mail: infocntr@dot.gov\nRe: Clarification of certain requirements for compliance under Title 49, CFR Parts\n100-185\nTo Whom It May Concern,\nC&J Energy Services Ltd. (along with its subsidiaries, collectively \"C&J\") is a leading\nprovider of well construction, well completions and well services to the oil and gas\nindustry. C&J provides a suite of services for the entire life cycle of the well, including\ncementing; directional drilling; fracturing; coiled tubing; wireline; rig services; fluids\nmanagement; and numerous complementary services. C&J corporate offices are in\nHouston, Texas and we have multiple facilities throughout the United States. Our\ndomestic locations include offices in Texas, Louisiana, Oklahoma, New Mexico, Colorado,\nNorth Dakota, Wyoming, Utah, Montana, West Virginia, Ohio, Pennsylvania and\nCalifornia. - See more at: http://www.cjenergy.com.\nHydraulic fracturing is a well stimulation technique used in shale reservoirs that forces\nwater, chemicals and proppant into the formation. The mix is applied under high pressure\nto penetrate cracks and open or fracture new flow channels, allowing hydrocarbons to\nflow back into the well.\nOur fracturing group utilizes nuclear gamma radiation gauges to determine the density of\nfracturing fluids and mixtures. These gauges employ a Cs-137, 200 millicurie sealed\nsource (Transport Index 0.4 Yellow II Label Code) and are manufactured by Thermo\nFisher Scientific. The gauge is considered a \"fixed gauge\" by the Nuclear Regulatory\nCommission even though it is mounted on a mobile vehicle. Therefore, Hazardous\nMaterials Regulations come into effect when transported by vehicle.\nThe SGD-0 consists of three components: a source, a detector, and an electronics unit\nthat incorporates the power supply and the signal handling and readout circuitry. The\nsource is mounted opposite the detector at a convenient measuring point and emits low-\nenergy gamma rays that pass through the pipe.\ncjenergy. com\n\n<<<PAGE 5>>>\n\nPa ge 12\nC&J Energy Services\nThese rays are absorbed by the fluid in the pipe in proportion to the material's density,\nwith the remaining rays producing a signal inversely proportional to the density of the fluid\nrunning through the pipe. When the density decreases, the detector's signal increases.\nMeasurement is constant. The continuous signal is relayed to the transmitter which\nprovides a clear readout on a digital display. With a response time of two seconds,\noperators can react quickly to any deviation in the predetermined density.\nThe HAZMAT regulations specify the marks and labels that must be displayed on the\nnuclear gamma radiation density gauges. The 172.101 Table identifies the material as:\nRadioactive material, Type A package, special form UN3332.\nMy questions have to do with the marks and labels specified and referenced as follows:\n1. 172.301 (a)(1) indicates that\" ... each person who offer a hazardous material for\ntransportation in a non-bulk packaging must mark the package with the proper\nshipping name and identification number . .. for the material shown in the §172.101\nHazardous Materials Table. The identification number marking preceded by \"UN\",\n\"NA\", or \"\"ID\" as appropriate must be marked in characters at least 12 mm (0.47\ninches) high .. . . \"\nDoes the character height apply to the proper shipping name as well or only the\n\"UN\" number? If not, what is the minimum character height for the proper\nshipping name?\n2. 172.310(a)(b)(c) are self-explanatory and I have no questions about this section.\n3. 4. 172.400(a)(b) are self-explanatory and I have no questions about this section.\n172.403 is self-explanatory and I have no questions about this section.\n5. 172.406 Placement of Labels:\n(a) General\n(1) Except as provided in paragraphs (b) and (e) of this section, each label\nrequired by this subpart must-\n(i) Be printed on or affixed to a surface (other than the bottom) of the package\nor containment device containing the hazardous material; and\n(ii) Be located on the same surface of the package and near the proper\nshipping name marking, if the package dimensions are adequate.\n(2) Except as required in paragraph (e) of this section, duplicate labeling is not\nrequired on a package or containment device (such as to satisfy redundant\nlabeling requirements).\n(b) Exceptions. A label may be printed on or placed on a securely affixed tag, or may\nbe affixed by other suitable means to:\n(1) A package that contains no radioactive material and which has dimensions less\nthan those of the required label;\n(2) A cylinder; and\n(3) A package which has such an irregular surface that a label cannot be\nsatisfactorily affixed.\nwww.cjenergv.com\n\n<<<PAGE 6>>>\n\nC& J Energy Services Page 13\nPlease examine the drawings which depict the nuclear density gauges used by C&J.\nThe gauges and configuration presented is not unique to C&J.\nTHERMO FISHER SCIENTIFIC NUCLEAR DENSITY GAUGES\nLOW PRESSURE IN-LINE\nDENSITY GAUGE\nHIGH PRESSURE IN-LINE\nDENSITY GAUGE\nCOUNTER & ELECTRONICS\n~\nNUCLEAR DENSO\nIt is the Company's understanding that the nuclear gauge itself is required to be marked\nand labeled and not any other components that make up the assembly. I have circled the\nspecial form nuclear component of the gauges typically used in Fracking operations.\nThe Company uses two different models:\nModel 5192 - 5.625 inches diameter with a depth of 5.75 inches.\nModel 5190- 4.75 inches diameter with a depth of 4.75 inches.\nEND-ON VIEW SIDE-ON VIEW\nI ,\n,,-; ;::: CALTT!ON - ---;=)'··,\n/ v RADIOACTIVE MATERIAL -- ',_\n-\nRAVONflEVEHT~~ ATKlli\nMODcl t-':IR~IC 00'1l' ISOTOPE\nI SER~NO ··~ MIDVNT\n,'.'.\"TE MEAS \\&/ • ;\n1\nI,' TAGNO.\n5.625\"\nThermo Fisher Sci ntific\n80M37-7979\n00 NOT REMOVE TAG\nMAOE I NU~\n5.625\"\nDIAMETER\n5.75\"\nDENSO HOUSING\nwww.cjenergy.com\n\n<<<PAGE 7>>>\n\nP age 14\nC\"J Energy Services\nf.-------y---·\n17.6625\" CIRCUMFERENCE ·--------\n1\n3.5\"\n5.75\"\n•• \" .:..:: • ...,_ ,., .,.., ...,,..,. . ,,~ ,.\n,, .. -. .. ,, .. ..\n\"\" \"' \"'\n•r ·\"\"' '\n-\n··· ~ .\n··\n-\n.... ~ . ... ..., ..\n.. ~ . . .. . .... ,,..,.., .... ~ .... ,.._\n. .. ,, ...\n;\nl ..\nI\n_ _t\nModel 5192\nWhen reviewing the regulations referenced above, Company has the following\nquestions:\n1. Since this is a special form radioactive material source, Company is\nrequesting a variance in order to affix only one Yellow II label. This will\nprovide additional space to accommodate the proper shipping name and UN\nnumber on the gauge. If variance is declined, then:\n2. Because the dimensions are minimal, e.g. 5. 75 inches by 17 .6625 inches for\nthe larger of the two models, it is difficult to affix all of the marks and labels\nthat are required.\n(a) Thermo Fisher has installed a \"DO NOT REMOVE LABEL\" which includes\nthe \"USA DOT 7A TYPE A\" mark which is specified to be at least 0.5\ninches.\n(b) Company is requesting the possibility of using a TAG with the proper\nshipping name and UN number that is affixed to the source in a manner\nthat will preclude its easy removal. The lettering on the TAG will be at\nleast 0.47 inches high. The TAG will be weather resistant.\nAs the corporate RSO for C&J you may contact me regarding any questions concerning\nthis request for clarification.\nSincerely,\n!hr-l~\nGeorge Doggett\nSr. Director QHSE . · ·\nRadiation Safety Officer\nGdoggett@cjes.com\n713-325-6053 (office)\n832-954-8914 (mobile)\nwww.cjenergy.com","truncated":false,"body_characters":12538}