UPS Aircraft Maintenance Hangar — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. S.E. Washington, D.C. 20590 Mr. Robert A. Stewart UPS Component Shop Supervisor UPS Hydrostatic Shop UPS Aircraft Maintenance Hangar 750 Grade Lane Louisville, KY 40213 Reference No. 07-0077 Dear Mr. Stewart: This is in further reference to your follow-up letters inquiring about the cylinder requalification requirements contained in 5 180.205 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask about the methods used to calibrate the pressure test system. I apologize for the delay in responding. Your questions are paraphrased and answered below: Ql. What tolerances apply to permanent expansion of a calibrated cylinder? Al. None. 49 CFR § 180.205, paragraph (g)(3) requires a cylinder requalifier to use a calibrated cylinder or other method authorized in writing by the Associate Adiniriistrator for Hazardous Materials Safety to verify the accuracy of a hydrostatic retest system, including both the Pressure Indicating Device and the Expansion Indicating Device (ETD). Paragraph (g)(4) specifies that the calibrated cylinder must show "no permanent expansion." This is a separate requirement and is not related to the test equipment 21.0% accuracy requirement. Thus, the HMR do not specify a tolerance in the determination of permanent expansion of a calibrated cylinder when used to demonstrate the accuracy of a retest system. Any permanent expansion may indicate entrapment of air or other malf~~nction of the equipment. Q2. Does the requirement that the calibrated cylinder show no perinanent expansion hold a requalifier who utilizes digital equipment, which measures expansion to a high degree of resolution, to a different standard than a requalifier who utilizes less sophisticated methods? A2. The requirement is the same regardless of the type of equipment used. The calibrated cylinder must show "no permanent expansion." This means that the water level in the burette or the weigh bowl must return to the same point where it began - not slightly higher or#

Page 2lower. Rounding is not permitted when determining whether the calibrated cylinder has shown permanent expansion. After depressurization of the calibrated cylinder, all of the displaced water must return to the water jacket. Any volume of water measured in the EID above zero (or the original reading) indicates permanent expansion of the calibrated cylinder. If this occurs, the equipment has not been proven to be accurate in accordance with the HMR. I hope this information is helpful. Please contact us if you have additional questions. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3April 6,2007 Office of Hazardous Materials Standards Ref. No.: 07-0059 Regulatory Review and Reinvention Hattie Mitchell, Chief 400 7" St., S.W. Washington, DC 20590 Dear Ms. Mitchell, Thank you for your response to question #1 (Ref. No.: 07-0059) dated March 30,2007. However; United Parcel Service Co. (UPS) is still awaiting your response to question #2 and question #3. Please provide this information as soon as possible. Operators within the industry utilizing similar high quality electronic precision test systems, and not the less accurate burette tubes, are also awaiting this response. The electronic precision test systems are capable of reading to 0.1 cubic centimeters (cc) through its full range Questions: 2. If the EID is allowed +1.0% accuracy, and the Calibrated cylinder is used to prove this accuracy Q1.0% of the total expansion value of the Calibrated Cylinder), then according to 49 CFR180.205 paragraph (g)(3)(ii) and 49 CFR180.205 paragraphs (g)(4), what are the tolerance requirements of the device that do not pertain to certain readings (i.e. the permanent expansion reading of the calibrated cylinder). 3. According to 180.205(g)(2) and (3), the EID is required to have a readability to within 1% of the Total Expansion, and an accuracy of 21.0% of the Total Expansion. However, according to your letter, the EID must show zero (Occ) permanent expansion, in other words 20.0% tolerance. Please answer the following questions specifically and explain your answers: a. How can we be held to an accuracy and readability requirement that is higher than the device, itself, is required to have? (i.e. O.Occ Permanent Expansion reading for a device that is allowed +1 .O% deviation.) - b. Why are we being penalized for using higher quality equipment? These readings would not even be seen on a system using a burette. On a burette typc machine, the increments would be 0.5cc, and the operator would record O.Occ for anything less tnan 0 . 5 ~ ~ . It is only because we have invested in higher quality, digital equipment that these readings can even be detected. These readings are smaller than the required resolution and accuracy requirements of the device, and would never be seen on the old burette type equipment. This lack of understanding of technical specifications for resolution and accuracy by PHMSA is penalizing users who invest in higher quality equipment. If our machine was capable of reading in 0 . 0 0 1 ~ ~ increments, would you penalize us for 0 . 0 0 1 ~ ~ deviations? How far are you going to take this foolishness? The responses to these questions are very important and beneficial to our ultimate decision whether to request a Formal Administrative Hearing for the Notice of the Probable Violations on PHMSA Case No. 06-0257-CRS-CE. Once again, I am requesting the Probable Violations on PHMSA Case No. 06-0257-CRS-CE be dismissed given the ambiguity and disparate treatment under the regulations and the corrective actions already taken by UPS. I hope we can resolve this matter without having to request a Formal Administrative Hearing in accordance with 49 CFR 107.319. Best Regar &4 Robert A. Stewart UPc Component Shop Supervisor UPS Hydrostatic Shop (RIN number G305) UPS Aircraft Maintenance Hangar 750 Grade Lane Louisville, KY 40213 Telenhone: (502)-359-8274 Fax: (502)-359-7277#