{"operation":"document","citation":"18-0124","title":"Scopelitis, Garvin, Light, Hanson & Feary, PC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-03-18","effective_on":null,"summary":"18-0124 response to Scopelitis, Garvin, Light, Hanson & Feary, PC concerning 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0124.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0124.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0124","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70971/180124.pdf","body":"<<>>\n\n. U.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAR 1 8 2019\nTimothy W. Wiseman\nPartner\nScopelitis, Garvin, Light, Hanson & Feary, PC\n10 West Market Street, Suite 1400\nIndianapolis, IN 46204\nReference No. 18-0124\nDear Mr. Wiseman:\nThis letter is in response to your September 24, 2018, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirement to\nobtain an explosive classification approval (EX approval). Specifically, you describe two\nscenarios in which your client manufactures a jet perforating gun (JPG) and holds an EX\napproval classifying the JPG as either a 1 .4D or 1.1D explosive, depending on the exact\nconfiguration.\nScenario 1: Your client would ship a partially assembled JPG to a customer. Your client would\nprovide training and detailed instructions on the assembly process to the customer to allow them\nto assemble the explosive to the tested configuration. The customer would then complete\nassembly of the JPG and transport the device for use.\nScenario 2: Your client would transport fully assembled JPGs to their customer. The customer\nwould make no modifications to the JPG and transport the device for use.\nWe have paraphrased and answered your questions as follows:\nQ 1. Regarding Scenario 1, you ask if your client's customer needs their own EX approval to\ntransport the JPG after assembling it per your client's instructions.\nAl. The answer is yes. In the scenario you have described, your client's customer has\nproduced a new explosive, as defined in§ l 73.56(a). All new explosives must be\nexamined, classed, and approved in accordance with§ 173.56.\nQ2. · Regarding Scenario 1, you ask if your client's customer may rely on your client's test\nreport to obtain an EX approval.\nA2. The answer is no. Your client's customer may not submit the test report that was issued\nto your client for the required EX approval. EX approvals are not granted on a \"party\n\n<<>>\n\nstatus\" basis to persons who have not previously produced the explosive. The JPG\ndesign, as assembled by your client's customer, must be submitted for review by an\napproved explosive test laboratory as provided in § 173 .56(b ).\nQ3. Regarding Scenario 2, you ask if your client's customer could transport the fully\nassembled JPG under your client's EX approval.\nA3. The answer is yes.· Provided your client's customer does not modify the explosive in any\nway, the assembled JPG may be transported in accordance with the existing EX approval.\nAdditionally, please note that in Scenario 1 your client must ensure that the pieces of the\npartially assembled JPG containing energetic materials have been appropriately examined,\nclassed, and approved for transportation, since they would be considered new explosives\ncompared to the fully assembled JPG.\nI hope this information is helpful. Please contact us if we can be of further assistance.\n~~\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nUodd, Alice (PHMSA)\nFrom: Foster, Glenn (PHMSA)\nSent: To:\nCc:\nTuesday, September 25, 2018 9:37 AM\nDodd, Alice (PHMSA); January, Ikeya CTR (PHMSA)\nKelley, Shane (PHMSA)\nSubject: EX Approval Questions\nAlice/ lkeya,\nPlease log in the inquiry below as a request for a letter of Interpretation and assign to a Specialist.\nThanks,\nGlenn\nFrom: Kelley, Shane (PHMSA)\nSent: Tuesday, September 25, 2018 9:35 AM\nTo: Foster, Glenn (PHMSA) \nSubject: Fwd: EX Approval Questions\nCan we get this logged in for response please?\nFrom: Fink, William (PHMSA) \nSent: Tuesday, September 25, 2018 9:26 AM\nTo: Kelley, Shane (PHMSA)\nCc: bwiseman@scopelitis.com; Nicks, Michael (PHMSA); Singh, Harpreet (PHMSA)\nSubject: FW: EX Approval Questions\nMr. Kelley,\nCan I ask for an lnterp. (Asking for formal guidance. )\nBill Fink\nFrom: twiseman scopelitis.com\nSent: Monday, September 24, 2018 7:45 AM\nTo: Fink, William (PHMSA) \nCc: Nicks, Michael (PHMSA) ; Wiseman, Brandon \nSubject: RE: EX Approval Questions ·\nBill/Michael:\nAs a follow-up to our communications last week regarding EX approvals for jet perforating guns (\"JPGs\"),\nwe have a couple of additional questions that we were hoping to run by you before seeking any type of\n~fill1lfc ,ig~h~~-Specifically, as we discussed last week, our client currently utilizes two\napprovals to transport the JPGs. The first is classified as NA0494 1.4D (which the client obtained using\nits own test report) and the second is NA0124 l.lD (which the client obtained through the AESC/IME\ntemplate and which we understand will be revoked later this year). Both are \"with detonator.\"\n1\n\n<<>>\n\nGoing forward, the client is exploring the possibility of selling its JPGs to customers to use at their own\nwell sites. Specifically, it is exploring two use-cases, one in which it would ship partially assembled JPGs\nto the customers who would then assemble and load them on their own and transport them to their own\nsites. In this scenario, our client would plan to provide training and detailed instructions to their\ncustomers so that the JPG is assembled and transported per the configuration used in the test report that\nthe client used to obtain its EX approval. Our questions here are (1) would the client's customers need\nthe. ir own EX approval to transport the devices after assembling them per our client's instructions and\ntest report? And (2) if so, could they rely on our client's test report to obtain that approval, or would they\ninstead have to obtain their own testing? We weren't sure if there was some type of expedited approval in\nthe EX context that is similar to the \"party status\" special permits.\nIn the second use-case, the client is considering transporting the JPGs fully-assembled to its customers'\nfacilities. The customers would then transport the fully-assembled JPGs to their worksites. Assuming the\ncustomers do not modify the JPGs in any way, it is our understanding that they could rely on our client's\nEX approval in this scenario, but we wanted to confirm this point with you.\nThank you.\nTimothy W. Wiseman, Partner\nScopelitis, Garvin, Light, Hanson & Feary, P.C.\n10 West Market Street, Suite 1400, Indianapolis, IN 46204\ntwiseman@scopelitis.com IT: 317.637.1777 I D: 317.492.9221\nFrom: Wiseman, Tim\nSent: Tuesday, September 11, 2018 12:56 PM\nTo: Fink, William (PHMSA) \nSubject: RE: EX Approval Questions\nCan I plan on calling you tomorrow afternoon? Perhaps 1 est?\nTimothy W. Wiseman, Partner\nScopelitis, Garvin, Light, Hanson & Feary, P.C.\n10 West Market Street, Suite 1400, Indianapolis, IN 46204\ntwiseman@scopelitis.com IT: 317.637.1777 I D: 317.492.9221\nFrom: Fink, William (PHMSA) \nSent: Tuesday, September 11, 2018 10:36 AM\nTo: Wiseman, Tim \nSubject: RE: EX Approval Questions\nMr. Wiseman,\nBusy at 3:00 to 3:45 today\nI'm available all day tomorrow.\nWilliam Fink\nTransportation Specialist\n202-366-1108\nWilliam.Fink@dot.gov\n2\n\n<<>>\n\nFrom: twiseman scopelitis.com\nSent: Tuesday, September 11, 2018 9:02 AM\nTo: Fink, William (PHMSA) \nSubject: RE: EX Approval Questions\nThanks Bill. Unfortunately, I have a meeting out of the office this afternoon beginning at 3. Do you have\nany availability tomorrow or Thursday?\nTimothy W. Wiseman, Partner\nScopelitis, Garvin, Light, Hanson & Feary, P.C.\n10 West Market Street, Suite 1400, Indianapolis, IN 46204\ntwiseman@scopelitis.com I T: 317.637.1777 I D: 317.492.9221\nFrom: Fink, William (PHMSA) \nSent: Tuesday, September 11, 2018 8:38 AM\nTo: Wiseman, Tim \nSubject: RE: EX Approval Questions\nMr. Wiseman,\nI'm available after 4pm EDT today.\nBill Fink\n-----------------------·-----·--\nFrom: twiseman scopelitis.com\nSent: Monday, September 10, 2018 5:33 AM\nTo: Nicks, Michael (PHMSA) \nCc: Fink, William (PHMSA) \nSubject: RE: EX Approval Questions\nJust following up to see if Mr. Fink would have any available today or tomorrow for a call to\ndiscuss. Thanks!\nTimothy W. Wiseman, Partner\nScopelitis, Garvin, Light, Hanson & Feary, P.C.\n10 West Market Street, Suite 1400, Indianapolis, IN 46204\ntwiseman@scopelitis.com IT: 317.637.1777 I D: 317.492.9221\nFrom: Nicks, Michael (PHMSA) \nSent: Thursday, September 6, 2018 8:33 AM\nTo: Wiseman, Tim \nCc: Fink, William (PHMSA) \nSubject: RE: EX Approval Questions\nTim,\nI would contact Bill Fink. His email address is william.fink@dot.gov. Let me know if you need anything else.\nRegards,\n3\n\n<<>>\n\nMichael Nicks, MS, CSP, ASP, CHMM, CDGP, OHST\nTransportation Specialist\nGeneral Approvals and Permits, PHH-31\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE, East Building, Room E23-447\nWashington, DC 20590\nTelephone: 202-366-5610\nEmail: michael.nicks@dot.gov\nWebsite: https://www.phmsa.dot.gov/hazmat\nFrom: twiseman scopelitis.com\nSent: Thursday, September 06, 2018 5:57 AM\nTo: Nicks, Michael (PHMSA) \nSubject: EX Approval Questions\nMichael,\nI have some questions regarding an EX approval for a jet perforating gun used in the oil/gas industry. Do\nyou know who at PHMSA would be best for me to contact?\nTimothy W. Wiseman, Partner\nScopelitis, Garvin, Light, Hanson & Feary, P.C.\n10 West Market Street, Suite 1400, Indianapolis, IN 46204\ntwiseman@scopelitis.com IT: 317.637.1777 I D: 317.492.9221\nCONFIDENTIALITY NOTICE: This message is privileged and confidential for the addressee(s) named above. If you are not the intended recipient, you are\nprohibited from disseminating, using, or copying the contents and should notify the sender immediately that you received this message in error. The signature(s)\nwithin this email does not constitute any binding agreement.\nCONFIDENTIALITY NOTICE: This message is privileged and confidential for the addressee(s) named above. If you are not the intended recipient, you are\nprohibited from disseminating, using, or copying the contents and should notify the sender immediately that you received this message in error. The signature(s)\nwithin this email does not constitute any binding agreement.\nCONFIDENTIALITY NOTICE: This message is privileged and confidential for the addressee(s) named above. If you are not the intended recipient, you are\nprohibited from disseminating, using, or copying the contents and should notify the sender immediately that you received this message in error. The signature(s)\nwithin this email does not constitute any binding agreement.\nCONFIDENTIALITY NOTICE: This message is privileged and confidential for the addressee(s) named above. If you are not the intended recipient, you are\nprohibited from disseminating , using, or copying the contents and should notify the sender immediately that you received this message in error. The signature(s)\nwithin this email does not constitute any binding agreement.\n4","truncated":false,"body_characters":11212}