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DOT Issues COVID-19 Enforcement Discretion for Cylinder Requalification Requirements *Updated July 16, 2020

Date: Apr 08, 2020

*On July 2nd, DOT provided notice that it is extending this relief until October 31, 2020. 

On April 6, 2020, the U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of Enforcement Discretion (Notice) regarding periodic requalification requirements for certain cylinders used to transport non-flammable gases, such as oxygen or carbon dioxide, in recognition of the business disruptions and supply challenges resulting from the COVID-19 public health emergency. [1]

PHMSA has indicated that it will not take enforcement action against any person who fills a DOT-specification cylinder used to transport Division 2.2 non-flammable gas that is overdue for periodic requalification (in contravention of 49 CFR 173.301(a)(6)), as long as the cylinder is not more than 12 months overdue and is otherwise in compliance with all DOT Hazardous Materials Regulations (HMR) requirements. Pre-fill inspection requirements remain applicable and the relief is limited to cylinders transported by motor vehicle. It does not extend to transport by air, vessel or railroad.

This Notice of Enforcement Discretion expires on July 6 or when the public health emergency related to COVID-19 is declared over by the Department of Health and Human Services (whichever is sooner).

For any questions on this Notice or the shipment of hazardous materials in general, please contact us.

Trent Doyle (+1 202.434.4161), doyle@khlaw.com

Taylor Johnson (+1 202.434.4255), johnsont@khlaw.com

[1] https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2020-04/PHMSA%20Cylinder%20Enforcement%20Discretion%20Notice.pdf