This bill would change how foreign makers of compressed gas cylinders used to transport hazardous materials are approved and overseen. It defines "foreign manufacturer of cylinders" (FMOC) and says the Secretary of Transportation must make rules that generally limit FMOC approvals to 1 year. A FMOC can get a 5-year approval only if it attests its cylinders are not barred under section 307 of the Tariff Act of 1930, certifies accuracy of application information and to report material changes, and the Secretary finds the FMOC "in good standing" (approved and with three years of required compliance).
The bill requires inspections of FMOC facilities and lets the Secretary suspend or end an approval if an FMOC obstructs inspections or knowingly misrepresents required information. It requires the Secretary to create a process for interested parties to request reevaluation of an FMOC approval and to allow petitions based on evidence of false or changed attestations. The Secretary must publish applications on the Pipeline and Hazardous Materials Safety Administration (PHMSA) website and allow 30 days for public comment before approving an application.
Applications must answer specific questions about prior civil penalties, delinquent payments, inclusion in the Do Not Pay Initiative, listings on certain military or defense-related lists, findings under certain defense-related statutes, and final antidumping or countervailing duty orders. The Secretary may deny approval based on those answers. The bill also requires PHMSA to publish and keep an annual list of approved foreign manufacturers and approval durations. Within 18 months the Secretary must update rules to allow annual foreign inspections when warranted, treat refusal to allow inspection as loss of good standing, permit requests for production records and random sample testing, and recover inspection costs such as travel and time.
Foreign manufacturers: Approvals will usually be short (1 year) unless strict conditions for a 5-year approval are met. You must answer detailed application questions, allow inspections, keep records available, and report material changes. Obstructing inspections or misrepresenting information can lead to suspension or termination of approval.
Importers and users of cylinders: PHMSA will post a list of approved foreign manufacturers and approval lengths. You can review applications during a 30-day public comment period and can petition for reevaluation of an approval if you have evidence of false or changed attestations.
The public and interested parties: You get a 30-day chance to comment on each application and a formal petition process to request reevaluation of approvals.
No publicly available information on overall costs or savings is provided in the bill text or metadata. The bill does say the Secretary may recover the costs of foreign inspections, including travel, time, and other costs, as determined by the Secretary.
No publicly available information.
No publicly available information.