Compressed Gas Cylinder Safety and Oversight Improvements Act of 2023

Compressed Gas Cylinder Safety and Oversight Improvements Act of 2023

This bill expands the application, testing, and inspection requirements for a foreign manufacturer of cylinders used for transporting hazardous materials in the United States (e.g., compressed gas cylinders).

Current regulations require a foreign manufacturer to apply for approval from the Pipeline and Hazardous Materials Safety Administration (PHMSA) of the Department of Transportation (DOT) for testing such cylinders outside of the United States. The bill requires that, to obtain an approval, a foreign manufacturer must answer in their application specified questions, including whether the manufacturer is or has been subject to various civil or criminal penalties.

Further, DOT must establish a process for any interested party to request a reevaluation of an approval for a foreign manufacturer's cylinders to review the accuracy and safety of the manufacturer's actions.

DOT must also revise the foreign inspection regulations to

• require that annual inspections of foreign manufacturers be carried out if DOT determines there is good cause;
• specify that a refusal of inspection shall result in the loss of good standing;
• allow DOT to request testing and production records and random sample testing; and
• allow for the recovery of the costs of foreign inspections, including travel and time.

The bill limits an approval to one year; however, DOT may extend an approval for five years for a manufacturer who meets certain requirements.

On an annual basis, DOT must publish a list of approved foreign manufacturers of cylinders on the department's website.