The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) is providing notice 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 provided the cylinder meets all requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) except that the cylinder is overdue for periodic requalification by no more than 12 months through May 16, 2022.  

On April 6, 2020, PHMSA issued a notice that it would offer similar relief.  The April notice was in response to unprecedented changes in business practices related to the Coronavirus Disease 2019 (COVID-19) public health emergency and was intended to minimize disruptions in the supply chain, especially those related to providing medical gases to the health care industry.  On July 2, 2020, PHMSA extended the notice of enforcement discretion through October 31, 2020.  On December 30, 2020, PHMSA issued a similar notice of enforcement discretion that applied to cylinders containing certain medical gases; that notice expired on June 20, 2021.  On September 13, 2021, PHMSA reinstated the notice of enforcement discretion through January 15, 2022 as a result of the prevalence of the Delta strain of the COVID-19 virus and disruptions resulting from Hurricane Ida. 

The enforcement discretion published today does not extend to cylinder transport by air, vessel, or railroad.  

See the Enforcement Discretion notice for more information.