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United States Department of Transportation United States Department of Transportation

PHMSA Reinstates Enforcement Discretion for Cylinders Exceeding Periodic Testing Dates – Sept. 2021

Monday, September 13, 2021

The COVID-19 public health emergency, in addition to naturally occurring events such as Hurricane Ida, continue to provide challenges for gas cylinder exchanges to receive and distribute cylinders that can be filled in accordance with the requalification requirements included in the Federal Hazardous Materials Regulations (HMR).  Recognizing these challenges, PHMSA is exercising enforcement discretion for cylinders that have exceeded their periodic requalification test dates.  

The enforcement discretion, which expires on January 15, 2022, applies to any person or entity that fills a DOT-specification cylinder used to transport a Division 2.2 non-flammable gas that has not exceeded its periodic requalification testing date by 12 months.  Cylinders will still need to meet all other requirements included in the HMR and the enforcement discretion does not extend to transport by air, vessel, or railroad.  

See the Enforcement Discretion notice for more information.