[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2559 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2559
To require the Secretary of Transportation to issue regulations
relating to the authorization of foreign manufacturers of cylinders,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 15, 2021
Mr. Balderson introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to issue regulations
relating to the authorization 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 2021''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Foreign manufacturer of cylinders; fmoc.--The terms
``foreign manufacturer of cylinders'' and ``FMOC'' mean an
entity that manufactures cylinders outside of the United States
intended to be represented, marked, certified, or sold as
qualified for use in transporting hazardous material in
commerce in the United States.
(2) In good standing.--The term ``in good standing'' means
an FMOC that--
(A) is has been authorized by the Secretary
pursuant to section 107.807 of title 49, Code of
Federal Regulations; and
(B) has demonstrated 3 years of compliance with
section 107 of title 49, United States Code, and
chapter 51 of title 49, United States Code.
(3) Cylinder.--The term ``cylinder'' means any cylinder
specified under sections 178.36 through 178.68 of title 49,
Code of Federal Regulations.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. AUTHORIZATION OF FOREIGN MANUFACTURER OF CYLINDERS.
(a) In General.--The Secretary shall issue regulations to provide
that an authorization provided to an FMOC pursuant to section 107.807
of title 49, Code of Federal Regulations, or any similar successor
regulation, shall be for a period of not longer than 1 year, except as
provided for in subsection (b).
(b) 5-Year Authorization.--The Secretary may approve a 5-year
authorization of an FMOC pursuant to such section if the following
requirements are met:
(1) The FMOC attests that none of the cylinders made by
such manufacturer are prohibited from entry to the United
States under section 307 of the Tariff Act of 1930 (19 U.S.C.
1307).
(2) The FMOC certifies that--
(A) the information provided pursuant to section 7
is accurate; and
(B) the FMOC has a proactive responsibility to
inform the Secretary if any such information materially
changes.
(3) The FMOC provides proof of the minimum financial
responsibility required under section 4.
(4) The Secretary determines the FMOC is in good standing.
(c) Facility Inspections.--
(1) Penalties.--The Secretary may suspend or terminate an
authorization of an FMOC described in this Act if such FMOC
obstructs or prevents the Secretary from carrying out an
inspection under section 107.807(c) of title 49, Code of
Federal Regulations.
(2) Definition of obstructs.--For the purposes of this
subsection, the term ``obstructs'' means taking actions that
are known, or reasonably should be known, to prevent, hinder,
or impede an inspection.
(d) Interaction With Other Statutes, Agreements, Regulations.--
Nothing in this section may be construed to prevent the harmonization
of cylinder standards otherwise authorized by law or regulation.
(e) Other Cause for Suspension or Termination.--The Secretary may
suspend or terminate an authorization of an FMOC described in this Act
upon determination that the FMOC knowingly or intentionally
misrepresented responses to the Secretary required by law or regulation
or the requirements of sections 4 and 7.
SEC. 4. PROOF OF MINIMUM FINANCIAL RESPONSIBILITY REQUIRED AT TIME OF
APPLICATION.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall issue such regulations as are necessary to
establish minimum levels of financial responsibility required for
entities to receive approval pursuant to section 107.807 of title 49,
Code of Federal Regulations.
SEC. 5. REEVALUATION BY REQUEST FOR RELATED VIOLATIONS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue such regulations as
necessary to establish a process for any interested party to request a
reevaluation of the authorization of FMOC cylinders under section
107.807 of title 49, Code of Federal Regulations, to review the
accuracy and safety of the actions of such manufacturer.
(b) Petition for Reevaluation.--Such regulations shall allow an
interested party to file a petition if such party has evidence of
inaccurate, changed, or fraudulent attestations or responses made by an
FMOC to the Secretary under section 3 or 7.
SEC. 6. NOTICE AND COMMENT FOR APPLICATIONS BY FOREIGN MANUFACTURERS OF
CYLINDERS.
Upon receipt of an application for approval under section 107.807
of title 49, Code of Federal Regulations, or any similar successor
regulation, the Secretary shall timely publish notification of such
application in the Federal Register and provide 30 days for public
comment on such application prior to approval.
SEC. 7. ADDITIONAL QUESTIONS TO ENSURE SAFETY AND COMPLIANCE WITH DOT
PROCESS.
(a) 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 any similar successor regulation, that
the applicant answer the following questions:
(1) Whether the FMOC applying, or any entity controlling
more than 10 percent of such FMOC, has ever been subject to a
civil monetary penalty under title 49, United States Code,
relating to any actions carried out as an authorized FMOC or
during the application for authorization under such section.
(2) Whether the FMOC applying, or any entity controlling
more than 10 percent of such FMOC, has been delinquent in the
payment of any civil monetary penalties or other fines or fees
under title 49, United States Code.
(3) Whether the FMOC applying, or any entity controlling
more than 10 percent of such FMOC, is subject to the Do Not Pay
Initiative established under section 3354 of title 31, United
States Code, as of the date of application.
(4) Whether the FMOC applying, or any entity controlling
more than 10 percent of such FMOC, is listed in the Military
End User List of the Department of Commerce as of the date of
application.
(5) Whether the FMOC applying, or any entity controlling
more than 10 percent of such 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) as of the date of
application.
(6) Does the FMOC applying certify that the FMOC has the
requisite minimum financial responsibility as required in
section 4, and that such financial responsibility will continue
throughout entirety of the requested authorization period.
(7) Whether the FMOC applying, or any entity controlling
more than 10 percent of such FMOC, has been found guilty of a
criminal penalty or assessed a civil penalty under section 1760
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 section (50 U.S.C. 4819).
(8) Whether the FMOC applying, or any entity controlling
more than 10 percent of such FMOC, is currently subject to a
final antidumping or countervailing duty order from the
Department of Commerce as of the date of application.
(b) Denial of Application.--The Secretary may deny an application
for approval under section 107.807 of title 49, Code of Federal
Regulations, based on the responses to the questions required under
subsection (a).
SEC. 8. FOREIGN MANUFACTURERS LISTING APPROVALS.
Not less 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 authorized FMOCs
and the duration of such authorization.
SEC. 9. AUTHORIZING FOREIGN INSPECTIONS.
Not less than 180 days after the date of enactment of this Act, the
Secretary shall update section 107.807(d) of title 49, Code of Federal
Regulations, to--
(1) require that in any case in which the Associate
Administrator determines there is good cause, an inspection
under such section shall be carried out annually for such
duration as the Associated Administrator determines
appropriate;
(2) specify that a refusal of inspection under such section
shall result in a loss of a status of in good standing;
(3) allow the Associate Administrator to request at the
discretion of the Administrator, production of test and
production records and random sample testing; and
(4) allow for the recovery of all associated costs of
foreign inspections to include travel, time, and other costs,
as determined by the Secretary.
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