{"operation":"document","citation":"21-0095","title":"DynaEnergetics US Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-12-29","effective_on":null,"summary":"21-0095 response to DynaEnergetics US Inc. concerning 172.102, 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0095.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0095.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0095","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76196/210095.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDecember 29, 2021\nMr. Ed Zinsmeyer\nCompliance Manager AME\nDynaEnergetics US Inc.\n2050 West Sam Houston Parkway South\nSuite 1750\nHouston, TX 77042\nReference No. 21-0095\nDear Mr. Zinsmeyer:\nThis letter is in response to your September 20, 2021, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification\nof jet perforating guns (JPGs). Specifically, you state that your company has a JPG that was\ntested and approved by the Pipeline and Hazardous Materials Safety Administration (PHMSA) in\naccordance with § 173.56, but not classed using the Association of Energy Service Companies\n(AESC)/Institute of Makers of Explosives (IME) Standard, also known as the “Guide to\nObtaining DOT Approval of Jet Perforating Guns using AESC/IME Perforating Gun\nSpecifications,” Ver. 02, dated September 1, 2017. You have included an Explosives Approval\nLetter, issued by PHMSA, which indicates the JPGs are classed as “UN0494, Jet perforating\nguns, charged, oil well, without detonator, 1.4D.\n” You ask whether your JPGs may be\ntransported without conforming to the requirements of Special Provision 114 in § 172.102.\nThe answer is yes. While Special Provision 114 provides conditions by which JPGs approved\nunder UN0124, 1.1D may be reclassed to 1.4D under UN0454, it does not preclude the\npossibility of fully testing a JPG for approval as UN0454, 1.4D directly in accordance with\n§ 173.56(b). The conditions of Special Provision 114 are applicable to JPGs PHMSA has\napproved as “UN0124, Jet perforating guns, charged, oil well, without detonator, 1.1D,” and are\nnot an additional requirement for those directly approved by PHMSA as “UN0494, Jet\nperforating guns, charged, oil well, without detonator, 1.4D.”\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nLarson\nFrom: Foster, Glenn (PHMSA)\nTo: Subject: Date: Dodd, Alice (PHMSA); Hillman, Kenetha CTR (PHMSA)\nFW: Question on an approved perfgun and SP114\nTuesday, September 21, 2021 10:24:06 AM\nAttachments: Trinity Gun Approval.pdf\nETC Report 2019092-trinity gun.pdf\n21-0095\nAlice and Kenetha,\nPlease have the attached checked in as an Interp and assigned to the next Specialist in the rotation.\nThanks,\nGlenn\nFrom: Fink, William (PHMSA) \nSent: Tuesday, September 21, 2021 9:34 AM\nTo: Foster, Glenn (PHMSA) \nCc: Singh, Harpreet (PHMSA) ; Raszewski, Kimberly (PHMSA)\n\nSubject: FW: Question on an approved perfgun and SP114\nGlenn,\nA request for an interp.\nBill Fink\nFrom: Ed Zinsmeyer \nSent: Monday, September 20, 2021 4:10 PM\nTo: Fink, William (PHMSA) \nSubject: Question on an approved perfgun and SP114\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nHello Bill,\nWith the change in rules governing loaded perforating guns, I have a question regarding a gun we\nmanufacture that we had live tested and approved as a 1.4D gun. We call it our Trinity gun.It passed\nthe live tests because it contains no detonating cord, which is typically the most sensitive article in a\nperfgun.\nSince this Trinity gun was tested and approved on its own and not approved under assumption using\nthe AESC/IME Guidelines, I need an official interpretation by PHMSA stating this gun can be shipped\non its own without adhering to SP114 and the 200 pounds NEC limit.\n\n<<>>\n\nHow do I go about getting that interpretation? I have attached the official lab report and our\nApproval for this gun. Hope you can help.\nThanks,\nEd Zinsmeyer\nCompliance Manager AME\n_____________________________________\nDynaEnergetics US Inc.\n2050 West Sam Houston Parkway South, Suite 1750\nHouston, Texas 77042\nUnited States\nwww.dynaenergetics.com\nT +1 512.656.2943\nF -\nM +1.512.656.2943\nEd.Zinsmeyer@dynaenergetics.com\nIntroducing DS Gravity™ and DS LoneStar™\nClick here to learn more\nThis email is intended only for the use of the party to which it is addressed and may contain information that is privileged, confidential, or protected by\nlaw. If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this email or its contents is strictly\nprohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer.\nFrom: Carson, Alan (PHMSA) \nSent: Monday, September 20, 2021 3:01 PM\nTo: Ed Zinsmeyer \nSubject: [External] RE: question on another perfgun we sell\nThis is an EXTERNAL EMAIL! STOP. THINK before you CLICK links\nor OPEN attachments.\nED\nI would suggest you request a letter of interpretation from standards at PHMSA HQ.\nAlan S. Carson\nInvestigator, Southwest Region\nUS DOT/PHMSA\n8701 S. Gessner Road, Suite 900, Houston, TX 77074\n\n<<>>\n\nOffice: 713-272-2820 ◊ Mobile: 915-238-8545\nFrom: Ed Zinsmeyer \nSent: Monday, September 20, 2021 2:55 PM\nTo: Carson, Alan (PHMSA) \nSubject: question on another perfgun we sell\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nAlan,\nDynaEnergetics manufactures, sells, and ships a loaded perforating gun that contains no detonating\ncord. These are our Trinity perforating guns. (see attached Approval) We spent the money to have\nthat gun configuration live tested to conform with the UN 6 tests, instead of using the AESC/IME\nGuidelines which would have classed these guns under “assumption”. Because these guns were\napproved NOT using the AESC/IME Guidelines, and shown to be 1.4D by actual laboratory testing, I\ninterpret that I do NOT have to ship them under Special Provision 114. Can I get a clarification of\nthat? The entire rule change that occurred last year specifically references those guns approved\nunder the AESC/IME Guidelines… so I think I am correct that our Trinity guns fall outside that rule\nchange.\nI hope you can help me on that, as I want to avoid any future confusion.\nThank you,\nEd Zinsmeyer\nCompliance Manager AME\n_____________________________________\nDynaEnergetics US Inc.\n2050 West Sam Houston Parkway South, Suite 1750\nHouston, Texas 77042\nUnited States\nwww.dynaenergetics.com\nT +1 512.656.2943\nF -\nM +1.512.656.2943\nEd.Zinsmeyer@dynaenergetics.com\nIntroducing DS Gravity™ and DS LoneStar™\nClick here to learn more\nThis email is intended only for the use of the party to which it is addressed and may contain information that is privileged, confidential, or protected by\nlaw. If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this email or its contents is strictly\n\n<<>>\n\nprohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer.","truncated":false,"body_characters":7415}