Compressed Gas Cylinder Safety and Oversight Improvements Act of 2022
This bill expands requirements for foreign manufacturers of cylinders used for transporting hazardous materials in the United States (e.g., compressed gas cylinders). Current regulations require foreign manufacturers to apply for approval from the Pipeline and Hazardous Materials Safety Administration for testing such cylinders outside of the United States.
For example, the bill requires that, to obtain an approval, manufacturers must answer in their applications specified questions, including whether the manufacturer is or has been subject to various civil or criminal penalties.
The bill limits an approval to one year; however, the administration may extend an approval for five years if the manufacturer meets certain requirements.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5237 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5237
To require the Secretary of Transportation to promulgate regulations
relating to the approval of foreign manufacturers of cylinders, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 12, 2022
Mr. Portman (for himself, Ms. Baldwin, Mr. Hagerty, and Mr. Durbin)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to promulgate regulations
relating to the approval of foreign manufacturers of cylinders, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compressed Gas Cylinder Safety and
Oversight Improvements Act of 2022''.
SEC. 2. REGULATION OF FOREIGN MANUFACTURERS OF CYLINDERS USED IN
TRANSPORTING HAZARDOUS MATERIALS.
(a) Definitions.--In this section:
(1) Cylinder.--The term ``cylinder'' means any cylinder
specified under any of sections 178.36 through 178.68 of title
49, Code of Federal Regulations (or successor regulations).
(2) Foreign manufacturer of cylinders; fmoc.--The term
``foreign manufacturer of cylinders'' or ``FMOC'' means an
entity that manufactures cylinders outside of the United States
that are intended to be represented, marked, certified, or sold
as qualified for use in transporting a hazardous material in
commerce in the United States.
(3) In good standing.--The term ``in good standing'', with
respect to an FMOC, means that the FMOC--
(A) is approved by the Secretary pursuant to
section 107.807 of title 49, Code of Federal
Regulations (or a successor regulation); and
(B) has demonstrated 3 years of compliance with--
(i) part 107 of title 49, Code of Federal
Regulations (or successor regulations); and
(ii) chapter 51 of title 49, United States
Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Approval of Foreign Manufacturers of Cylinders.--
(1) In general.--The Secretary shall promulgate regulations
to provide that an approval provided to an FMOC pursuant to
section 107.807 of title 49, Code of Federal Regulations (or a
successor regulation), shall be for a period of not longer than
1 year, except as provided under paragraph (2).
(2) 5-year approval.--The Secretary may provide a 5-year
approval of an FMOC pursuant to section 107.807 of title 49,
Code of Federal Regulations (or a successor regulation), if the
following requirements are met:
(A) The FMOC attests that none of the cylinders
made by the FMOC are prohibited from entry to the
United States under section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
(B) The FMOC certifies that--
(i) the information provided pursuant to
subsection (e) is accurate; and
(ii) the FMOC has a proactive
responsibility to inform the Secretary if any
such information materially changes.
(C) The Secretary determines that the FMOC is in
good standing.
(3) Facility inspections.--
(A) Definition of obstructs.--In this paragraph,
the term ``obstructs'' means taking actions that are
known, or reasonably should be known, to prevent,
hinder, or impede an inspection.
(B) Penalties.--The Secretary may suspend or
terminate an approval of an FMOC if the FMOC obstructs
or prevents the Secretary from carrying out an
inspection under section 107.807(c) of title 49, Code
of Federal Regulations (or a successor regulation).
(4) Interaction with other statutes, agreements,
regulations.--Nothing in this section may be construed to
prevent the harmonization of cylinder standards otherwise
authorized by law.
(5) Other cause for suspension or termination.--The
Secretary may suspend or terminate an approval of an FMOC on
determination that the FMOC knowingly or intentionally
misrepresented responses to the Secretary required by law,
including under subsection (e).
(c) Reevaluation by Request for Related Violations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate such
regulations as are necessary to establish a process, as
determined by the Secretary, for any interested party to
request a reevaluation of the approval of FMOC cylinders under
section 107.807 of title 49, Code of Federal Regulations (or a
successor regulation), to review the accuracy and safety of the
actions of the FMOC.
(2) Petition for reevaluation.--The regulations promulgated
under paragraph (1) shall allow an interested party to file a
petition if that party has evidence of inaccurate, changed, or
fraudulent attestations or responses made by an FMOC to the
Secretary under subsection (e).
(d) Notice and Comment for Applications by Foreign Manufacturers of
Cylinders.--On receipt of an application for approval under section
107.807 of title 49, Code of Federal Regulations (or a successor
regulation), the Secretary shall--
(1) timely publish notification of the application on the
website of the Pipeline and Hazardous Materials Safety
Administration; and
(2) provide 30 days for public comment on the application
prior to approval.
(e) Additional Questions To Ensure Safety and Compliance With DOT
Processes.--
(1) Additional questions.--The Secretary shall require, as
part of an application for approval pursuant to section 107.807
of title 49, Code of Federal Regulations (or a successor
regulation), that the applicant answer the following questions:
(A) Whether the FMOC applying, or any entity
controlling more than 10 percent of that FMOC, has ever
been subject to a civil monetary penalty under title
49, United States Code, relating to any actions carried
out as an approved FMOC or during the application for
approval under that section.
(B) Whether the FMOC applying, or any entity
controlling more than 10 percent of that FMOC, has been
delinquent in the payment of any civil monetary
penalties or other fines or fees under title 49, United
States Code.
(C) Whether the FMOC applying, or any entity
controlling more than 10 percent of that FMOC, is
subject to the Do Not Pay Initiative established under
section 3354 of title 31, United States Code, as of the
date of the application.
(D) Whether the FMOC applying, or any entity
controlling more than 10 percent of that FMOC, is
listed in the Military End User List of the Department
of Commerce as of the date of the application.
(E) Whether the FMOC applying, or any entity
controlling more than 10 percent of that FMOC, is
identified by the Department of Defense as an entity
listed under section 1237 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(50 U.S.C. 1701 note; Public Law 105-261) as of the
date of application.
(F) Whether the FMOC applying, or any entity
controlling more than 10 percent of that FMOC, has been
found guilty of a criminal penalty or assessed a civil
penalty under section 1760 of division A of the John S.
McCain National Defense Authorization Act for Fiscal
Year 2019 (50 U.S.C. 4819).
(G) Whether the FMOC applying, or any entity
controlling more than 10 percent of that FMOC, is
subject to a final antidumping or countervailing duty
order from the Department of Commerce as of the date of
application.
(2) Denial of application.--The Secretary may deny under
section 107.709 of title 49, Code of Federal Regulations (or a
successor regulation), an application for approval under
section 107.807 of that title (or a successor regulation) based
on the responses to the questions required under paragraph (1).
(f) Foreign Manufacturers Listing Approvals.--Not later than 1 year
after the date of enactment of this Act, and annually thereafter, the
Secretary shall publish and maintain on the website of the Department
of Transportation a list of approved foreign manufacturers of cylinders
and the duration of those approvals.
(g) Authorizing Foreign Inspections.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall revise section
107.807(d) of title 49, Code of Federal Regulations--
(1) to require that in any case in which the Secretary
determines there is good cause, an inspection under that
section shall be carried out annually for such duration as the
Secretary determines appropriate;
(2) to specify that a refusal of inspection under that
section shall result in a loss of the status of in good
standing;
(3) to allow the Secretary to request, at the discretion of
the Secretary--
(A) production of test and production records; and
(B) random sample testing; and
(4) to allow for the recovery of all associated costs of
foreign inspections to include travel, time, and other costs,
as determined by the Secretary.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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