CGA Regulatory Alert (RA-217): DOT PHMSA – Hazardous Materials: Adoption of Miscellaneous Petitions to Reduce Regulatory Burdens

August 16, 2019

Please be advised that the Compressed Gas Association has issued CGA Regulatory Alert (RA-217) regarding the August 14, 2019 notice of proposed rulemaking (NPRM) by the Pipeline and Hazardous Materials Safety Administration (PHMSA) of the U.S. Department of Transportation (DOT).

CGA Regulatory Alert (RA-217)

49 CFR Parts 107, 171, 172, 173, 178, 179, and 180 (HM-219C)

Hazardous Materials: Adoption of Miscellaneous Petitions to Reduce Regulatory Burdens

We recommend that all CGA members review this notice to determine its applicability to their company. Individuals who work for CGA member companies may access and download a copy of CGA RA-217 from the Association’s member portal (login required).


This rulemaking responds to numerous petitions for rulemaking submitted by the regulated community that request PHMSA address a variety of provisions, including but not limited to those addressing packaging, hazardous communication, and incorporation by reference documents. PHMSA proposes amendments to the Hazardous Materials Regulations to update, clarify, improve the safety of, or provide relief from various regulatory requirements.

HM-219C addresses the following items that are of interest to CGA:

Response to CGA Petitions

  • Incorporate by reference updated versions of multiple CGA publications. (CGA C-6.2, 2013; CGA C-6.3, 2013, CGA C-11, 2013; and CGA S-7, 2013)
  • Revise §§ 171.23, 173.302, and 173.304 to permit the import of filled pi-marked foreign pressure receptacles for intermediate storage, transport to point of use, discharge, and export as well as the import of certain pi-marked foreign pressure receptacles for filling, intermediate storage, and export.

ASME Regulations

  • Incorporate by reference the 2017 version of the ASME BPVC Sections II (Parts A and B, C and D), VIII (Division 1), and IX into the HMR

Rail Car Transport of PIH Materials

  • Prohibit after December 31, 2020, the use of rail tank cars with shells or heads constructed of non-normalized steel used for transportation of poison by inhalation (PIH) materials.
  • Make the ‘‘interim’’ rail tank car specifications the ‘‘final’’ specifications for the transportation of PIH materials.
  • Prohibit after December 31, 2027, the use of certain rail tank cars for the transportation of PIH materials.

DATES: Comments must be received by October 15, 2019.

Copies of this notice can be found in the Federal Register Volume 84, Issue 157 (August 14, 2019), on pages 41556-41594.