{"operation":"document","citation":"PHMSA Guidance, PHMSA Issues Notice of Enforcement Discretion for Cylinders","title":"PHMSA Issues Notice of Enforcement Discretion for Cylinders","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-04-07","effective_on":"2020-04-07","summary":"PHMSA Issues Notice of Enforcement Discretion for Cylinders Document PHMSA-Cylinder-Enforcement-Discretion-Notice.pdf (69.86 KB) PHMSA understands that due to the COVID-19 emergency, many members of the medical and industrial gas industry may be experiencing difficulty in obtaining cylinders due to the increased demand for these gases or a disruption in the normal business model for cylinder exchanges. The Notice in ","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-issues-notice-enforcement-discretion-cylinders-81bcd7b9.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-issues-notice-enforcement-discretion-cylinders-81bcd7b9.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-issues-notice-enforcement-discretion-cylinders-81bcd7b9","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/phmsa-issues-notice-enforcement-discretion-cylinders","body":"PHMSA Issues Notice of Enforcement Discretion for Cylinders\n\nDocument\n\n PHMSA-Cylinder-Enforcement-Discretion-Notice.pdf (69.86 KB)\n\n        PHMSA understands that due to the COVID-19 emergency, many members of the medical and industrial gas industry may be experiencing difficulty in obtaining cylinders due to the increased demand for these gases or a disruption in the normal business model for cylinder exchanges. The Notice in the related documents section of this page, provides notice that PHMSA and the Federal Motor Carrier Safety Administration will not take enforcement action against any person who fills a DOT-specification cylinder used to transport Division 2.2 non-flammable gas by motor vehicle. The enforcement discretion does not extend to transport by air, vessel, or railroad.\n\n          Issued Date: Tuesday, April 7, 2020\n\n<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue S.E.\nWashington, D.C. 20590\nNOTICE OF ENFORCEMENT DISCRETION REGARDING CYLINDERS THAT\nHA VE EXCEEDED THEIR PERIODIC REQUALIFICATION TEST DATE\nThe U.S. Department of Transportation's Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) understands that due to the Coronavirus Disease 2019 (COVID-19)\npublic health emergency, many members of the medical and industrial gas industry may be\nexperiencing difficulty in obtaining cylinders due to the increased demand for these gases or a\ndisruption in the normal business model for cylinder exchanges. This has made it difficult for the\nindustry to consistently obtain cylinders which can be filled in accordance with the\nrequalification provision specified in 49 CFR 173.301(a)(6).\nPHMSA gives notice that it will not take enforcement action against any person who fills a\nDOT-specification cylinder used to transport Division 2.2 non-flammable gas provided the\ncylinder meets all requirements of the Hazardous Materials Regulations (HMR) except that the\ncylinder is overdue for periodic requalification by no more than 12 months. Depending on the\ncylinder type, periodic requalification is required at either a 5-year or 10-year interval. This\nenforcement discretion is in response to unprecedented changes in business practices related to\nthe COVID-19 outbreak and is intended to minimize disruptions in the supply chain, especially\nthose related to providing medical gases to the health care industry. This enforcement discretion\nwill be exercised by the Federal Motor Carrier Safety Administration and PHMSA. This relief\napplies only to transportation by motor vehicle, and does not extend to transport by air, vessel, or\nrailroad.\nPrior to filling and offering for transportation, all cylinders must be inspected in accordance with\nthe applicable Compressed Gas Association Pamphlet and DOT requirements. Any cylinder that\ndoes not pass the prefill inspection criteria must not be filled.\nThis notice is limited to the filling and offering of cylinders containing Division 2.2 gases when\nsuch cylinders are no more than 12 months past their periodic requalification test date. These\ncylinders must be in compliance with all other requirements of the HMR. This Notice of\nEnforcement Discretion is effective while the Department of Health and Human Services\ndetermination that a public health emergency related to COVID-19 exists or 90 days from its date\nof issuance, whichever is sooner.\nIssu!d April 6, 2020, in Washington D.C.\n'\nWilliam S. Schoonover\nAssociate Administrator\nfor Hazardous Materials Safety","truncated":false,"body_characters":3539}