{"operation":"document","citation":"PHMSA Guidance, PHMSA Notice of Enforcement Discretion: Cylinders Exceeding Periodic Requalification Test Date","title":"PHMSA Notice of Enforcement Discretion: Cylinders Exceeding Periodic Requalification Test Date","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-10-04","effective_on":"2024-10-04","summary":"PHMSA Notice of Enforcement Discretion: Cylinders Exceeding Periodic Requalification Test Date Document PHMSA Notice of Enforceent Discretion - Cylinders Exceeding Requalification Dates - Hurricane Helene.pdf (164.31 KB) Issued Date: Friday, October 4, 2024","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-notice-enforcement-discretion-cylinders-exceeding-a726b140.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-notice-enforcement-discretion-cylinders-exceeding-a726b140.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-notice-enforcement-discretion-cylinders-exceeding-a726b140","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/phmsa-notice-enforcement-discretion-cylinders-exceeding","body":"PHMSA Notice of Enforcement Discretion: Cylinders Exceeding Periodic Requalification Test Date\n\nDocument\n\n PHMSA Notice of Enforceent Discretion - Cylinders Exceeding Requalification Dates - Hurricane Helene.pdf (164.31 KB)\n\n          Issued Date: Friday, October 4, 2024\n\n<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nNOTICE OF ENFORCEMENT DISCRETION REGARDING CYLINDERS\nTHAT HAVE EXCEEDED THEIR PERIODIC REQUALIFICATION TEST\nDATE\nThe U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) understands that due to the flooding and damage caused by\nHurricane Helene, many members of the medical and industrial gas industry may be\nexperiencing difficulty in obtaining cylinders due to the increased demand for these gases\nor a disruption in the normal business model for cylinder exchange and testing facilities.\nThis ongoing situation has made it difficult for the industry to consistently obtain\ncylinders which can be filled in accordance with the requalification provision specified in\n49 CFR 173.301(a)(6).\nPHMSA gives notice that it will not take enforcement action against any person for\nfilling (during the period of this enforcement discretion) a DOT-specification cylinder\nused to transport Division 2.2 (non-flammable) gas that is overdue for periodic\nrequalification by not more than 12 months. Any such cylinder must meet all other\nrequirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nDepending on the cylinder type, periodic requalification is required at either a 5-year or\n10-year interval. This enforcement discretion is in response to unprecedented flooding\nand damage caused by Hurricane Helene and is intended to minimize disruptions in the\nsupply chain—especially those related to providing medical gases to the health care\nindustry. This enforcement discretion has been coordinated with and endorsed by the\nFederal Motor Carrier Safety Administration . This relief applies only to transportation\nby motor vehicle and does not extend to transport by air, vessel, or railroad.\nPrior to filling and offering for transportation, all cylinders must be inspected in\naccordance with the applicable Compressed Gas Association Pamphlet and DOT\nrequirements. Any cylinder that does not pass the prefill inspection criteria must not be\nfilled.\nThis notice is limited to the filling and offering of cylinders containing Division 2.2 (non-\nflammable) gases when such cylinders are no more than 12 months past their periodic\nrequalification test date and within the States of Alabama, Florida, Georgia, North Carolina,\nSouth Carolina, Tennessee, and Virginia. These cylinders must be in compliance with all\nother requirements of the HMR.\n\n<<<PAGE 2>>>\n\nThis document is a temporary notice of enforcement discretion. Regulated entities may rely\non this notice as a temporary safeguard from Departmental enforcement as described herein.\nTo the extent this notice includes guidance on how regulated entities may comply with\nexisting regulations, it does not have the force and effect of law and is not meant to bind the\nregulated entities in any way. This notice of enforcement discretion will expire sixty days\nafter the date of issuance.\nIssued October 4, 2024, in Washington D.C.\nWilliam S. Schoonover\nAssociate Administrator\nfor Hazardous Materials Safety\n2","truncated":false,"body_characters":3442}