Fire Pots and Gel Fuel; Advance Notice of Proposed Rulemaking; Request for Comments and Information, 80832-80838 [2011-32908]
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Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Proposed Rules
267–8262; facsimile: (202) 267–5229;
email: robert.burke@faa.gov.
SUPPLEMENTARY INFORMATION: FAA
Order 8900.1, Flight Standards
Information Management System, was
issued on September 13, 2007. This
order consolidated and replaced FAA
Orders 8300.1, 8400.1, and 8700.1, the
FAA’s guidance to inspectors. There
have been numerous inquiries by part
135 certificate holders regarding the
acceptance of training/evaluations
previously completed by a crewmember
while in the employment of another
certificate holder. Regulations do not
permit the crediting of such training
(with the specific exception of CRM and
DRM training).
Additionally, some training centers
have distributed a training program
template that provides credit for
training/evaluations conducted by
another operator. Such provisions are
contrary to the intent as well as the
technical provisions of part 135 and are
not appropriate for inclusion in a
certificate holder’s approved training
program.
Part 135 certificate holders may
develop and submit for approval
multiple curriculums for a particular
crewmember position and aircraft make/
model/variant. For example, a part 135
certificate holder may have a an initial
new-hire curriculum designed to meet
the requirements of new hire
crewmembers that have minimal flight
time, no previous part 135 experience,
or do not have qualifications related to
the certificate holder’s operational
environment. The certificate holder may
then also apply for a reduced new hire
curriculum for pilots that have previous
experience as a crewmember in part 135
operations and/or the particular aircraft
and duty position. The second
curriculum in this example may have
less training hours due to the
crewmember’s extensive experience.
Each of these curriculums would also
have detailed prerequisites to define the
level of experience required to enter
into either of these new hire programs.
There are no hour requirements which
need to be defined on a reduced training
program, however all the training
elements of the certificate holder’s full
initial training program must be
accomplished as well as the
qualification module.
While the FAA generally does not
request comment on internal Notices
and orders, the agency has established
a docket for public comments regarding
this guidance for inspectors in
recognition of the interest of current 14
CFR part 135 certificate holders. The
agency will consider all comments
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received by January 26, 2012. Comments
received after that date may be
considered if consideration will not
delay agency action on the review. A
copy of the proposed order is available
for review in the assigned docket for the
Order at https://www.regulations.gov.
Issued in Washington, DC on December 13,
2011.
John S. Duncan,
Acting Deputy Director, FAA Flight Standards
Service.
[FR Doc. 2011–33091 Filed 12–23–11; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part Chapter II
Fire Pots and Gel Fuel; Advance Notice
of Proposed Rulemaking; Request for
Comments and Information
Consumer Product Safety
Commission.
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
The Consumer Product Safety
Commission (‘‘the Commission,’’
‘‘CPSC,’’ or ‘‘we’’) has reason to believe
that firepots and gel fuel used together
may present an unreasonable risk of
injury. As of September 30, 2011, the
Commission is aware of 76 incidents
that resulted in 2 deaths and 86 injuries
involving firepots used with gel fuel. All
of these incidents occurred between
April 3, 2010 and September 1, 2011.
Many of the injuries were severe; over
half of the victims reportedly required
hospitalization. This advance notice of
proposed rulemaking (‘‘ANPR’’) initiates
a rulemaking proceeding under the
Consumer Product Safety Act (‘‘CPSA’’).
We invite comments concerning the risk
of injury associated with firepots, gel
fuel and gel fuel containers, the
regulatory alternatives discussed in this
notice, and other possible ways to
address this risk. We also invite
interested persons to submit an existing
standard or a statement of intent to
modify or develop a voluntary standard
to address the risk of injury described in
this notice.
DATES: Written comments in response to
this notice must be received by February
27, 2012.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2011–
0095, by any of the following methods:
SUMMARY:
Electronic Submissions
Submit electronic comments in the
following way:
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Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
To ensure timely processing of
comments, the Commission is no longer
accepting comments submitted by
electronic mail (email), except through
www.regulations.gov.
Written Submissions
Submit written submissions in the
following way:
Mail/Hand delivery/Courier (for
paper, disk, or CD–ROM submissions),
preferably in five copies, to: Office of
the Secretary, Consumer Product Safety
Commission, Room 820, 4330 East West
Highway, Bethesda, MD 20814;
telephone (301) 504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received may be posted
without change, including any personal
identifiers, contact information, or other
personal information provided, to
https://www.regulations.gov. Do not
submit confidential business
information, trade secret information, or
other sensitive or protected information
electronically. Such information should
be submitted in writing.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Rohit Khanna, Fire Program Area Team
Leader, Office of Hazard Identification
and Reduction, Consumer Product
Safety Commission, National Product
Testing and Evaluation Center, 5
Research Place Rockville, MD 20850;
telephone (301) 987–2508, or email
rkhanna@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
CPSC staff identified firepots used
with gel fuel as an emerging hazard in
June 2011, after a severe injury was
reported to the CPSC. We pursued
investigations and conducted analyses
of these incidents. As of September 30,
2011, we are aware of 76 incidents
involving firepots used with gel fuel
that resulted in 2 deaths and 86 injuries.
In an effort to address this emerging
hazard, the CPSC’s Office of Compliance
and Field Operations initiated several
recalls of pourable alcohol gel fuel. To
date, 12 voluntary recalls have been
announced recalling more than 2
million bottles of gel fuel. The products
involved in the recalls were alcoholbased gel fuel in containers intended to
be used with firepots. Each recalled
product was marketed for use with
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firepots. We seek to establish a more
permanent means to reduce or eliminate
the hazard posed by firepots using gel
fuel.
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B. The Products
The incidents discussed in this ANPR
all involve firepots used with alcoholbased gel fuel. When firepots and gel
fuel are used together, they can present
serious burn and fire hazards. Firepots
and gel fuel are usually sold as separate
products, but they are often marketed
for use together, and some companies
manufacture both products.
1. Firepots
This ANPR covers firepots that are
designed and intended to be used with
gel fuel. Firepots are portable,
decorative lighting accents marketed for
indoor and outdoor use. Their purpose
is decorative. They provide some
illumination and are not intended to
provide heat. Many are made of ceramic
material and look like vases or
decorative pots, but some have different
features and materials, such as a partial
enclosure made of glass. Firepots are
also sometimes called personal
fireplaces, personal fire pits, firelights,
or fire bowls. These products have the
following characteristics in common.
They: (1) Are portable; (2) are open on
at least one side; (3) have an open cup,
usually made of stainless steel, to hold
the gel fuel; and (4) are used with
alcohol-based gel fuel. This ANPR does
not cover stationary fireplaces or
lighting products that have a wick or
use a type of fuel other than alcoholbased gel fuel.
Firepots are relatively new products.
They were not prominently marketed
until late 2009. Firepots range in price
from under $20 to more than $100.
Based on a review of online retailers’
product offerings, most models are
priced at $20 to $40. Based on
information relating unit sales of gel
fuel by a leading manufacturer to its
sales of firepots, we estimate that nearly
2.5 million firepots could have been
sold to consumers since the product was
introduced. Most units likely were
purchased in 2010, and during the first
six months of 2011. We have identified
at least 10 companies that have
manufactured firepots or have been
wholesalers/private labelers of firepots.
These firepots have been sold online or
through retail outlets that market home
and garden products. Most of the
leading marketers of firepots also have
marketed their own brands of gel fuel.
The leading firms in the firepot market
have fewer than 20 employees, and they
are categorized primarily as
wholesalers. Under size standards
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issued by the U.S. Small Business
Administration (‘‘SBA’’), wholesalers
with fewer than 100 employees could be
considered small businesses. Barriers to
market entry are minimal, and
additional firms could market firepots
that they manufacture or import.
2. Gel Fuel
This ANPR also covers gel fuel that is
designed and intended to be used as
fuel for firepots. Gel fuel is composed
primarily of alcohol, and it produces a
clean-burning flame with no visible
smoke or ash. CPSC staff analyzed 18
samples of firepot gel fuels to determine
chemical composition, flash point, and
viscosity. The analyses showed that
firepot gel fuel is primarily alcoholbased (containing approximately 80
percent alcohol). The types of alcohol
most commonly included were ethanol,
isopropanol (‘‘IPA’’), and ethanol and
IPA mixtures. The remaining
components in the gel fuel samples
were water, gelling agents, and
additives, including citronella and
eucalyptus. The analysis determined
that the flashpoint for these samples
was less than or equal to 74 °F (‘‘F’’),
with the lowest measure being 32 °F.
Gel fuel has a higher viscosity than
liquid fuels. The analysis found that gel
fuel viscosities ranged from 5,000 to
25,000 CentiPoise (‘‘cP’’). These
viscosities are similar to those of
molasses (5,000 cP) or chocolate syrup
(10,000 to 25,000 cP).
Gel fuel intended for use with firepots
has been sold in sizes ranging from one
pint to one gallon, with one-quart
containers apparently the most common
size. Individual containers of gel fuel
generally have sold at retail for $5 to
$20 per unit. Although firepots have
had a significant presence in the
consumer market for the last two years
only, at least one firm has marketed gel
fuel similar to what is used in firepots
for approximately the last 10 years to be
used as fuel for gel fuel fireplaces. Gel
fuel for fireplaces has been available in
single-use cans since at least the middle
1980s. These products continue to be
marketed by some firms, including firms
that had been active in the market for
firepots. Gel fuel also is available in
single-use cans that can be placed in the
firepot. Single-use cans of gel fuel
intended for use with firepots are
covered by this ANPR. Most
manufacturers and private labelers
identified by CPSC staff who offer gel
fuel in bottle containers did not offer it
for sale until 2009 or later.
Information on unit sales of gel fuels
was provided by 11 of the firms that
agreed to voluntary recalls of their
products during 2011. These firms had
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combined shipments of about 2.5
million units since 2008. One firm
accounted for nearly two-thirds of the
total reported unit sales. A twelfth firm
also agreed to a recall of its products,
but information on its unit sales is not
available. Available information
indicates that the firms would be
considered small businesses under SBA
guidelines.
C. The Risk of Injury
1. Incident Data Overview
As of September 30, 2011, we are
aware of 76 incidents involving firepots
that were using gel fuel. These incidents
resulted in 2 deaths and 86 injuries, a
majority of which resulted in severe
burns that reportedly required
hospitalization. The incidents occurred
between April 3, 2010 and September 1,
2011. A majority of the reported
incidents (as well as a majority of the
injuries and both fatalities) occurred
when a consumer was pouring more
fuel into a firepot (referred to as
‘‘refueling’’), resulting in an explosion.
This and other hazard scenarios are
discussed in section C.2 of this
preamble. Many injuries were severe. Of
the 86 injury victims, 48 of them (56%)
were hospitalized. Many victims who
were not hospitalized received
treatment in emergency rooms for their
burn injuries. Most (53) of the incidents
involved 1 victim, but 9 had no victims,
and 14 had multiple victims.
The two fatalities were a 51-year-old
man and an 84-year-old woman. Of the
86 nonfatal injury victims, 19 were
victims of unknown age. Among the 67
injury victims whose age is known, 1
was under 5 years of age, 7 were
between ages 5 and 14, 12 were between
ages 15 and 29, 39 were between ages
30 and 49, 7 were between 50 and 64,
and 1 was older than 64.
2. Hazard Scenarios
From the reported incidents, we
identified eight hazard scenarios
associated with firepots using gel fuel.
The most common hazard scenario
involves refilling the firepot with gel
fuel. The eight identified hazard
scenarios are discussed below.
Refueling firepot. The majority of
incidents, the majority of high severity
injuries, and both deaths reported to
date, occurred when consumers were
attempting to refill a firepot that had
just recently been in use. In 49 incidents
(64 percent of all reported incidents),
consumers were reportedly in the
process of, or had just finished, refilling
a firepot when the flame in the firepot
ignited the vapors in the fuel container
and an explosion resulted. These 49
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incidents caused 2 fatalities and 61
injuries, 35 of which were high severity
burns needing hospitalization. In 36 of
the 49 refueling incidents, the most
seriously injured person was not the
person who was refilling the firepot.
Details on the extent of the burns
frequently are missing for the
hospitalized cases, but at least nine
victims of this scenario reportedly
sustained between 20 to 70 percent total
body surface area (‘‘TBSA’’) burns. In 26
of these 49 incidents, consumers
reported that they believed the firepot
had run out of fuel because they did not
see any flames in the firepot. In 6 of
these 49 incidents, consumers reported
that a low flame was present in a nearly
empty firepot.
For example, in one incident, a 51year-old man sustained 60 percent
TBSA burns and died after being
hospitalized for 33 days. His wife also
was hospitalized with serious burns.
According to the incident report, ‘‘His
wife was sitting at the table as he was
pouring the fuel. Suddenly there was an
explosion and the husband, wife, lanai,
plants, clothing. etc., were all on fire.’’
Flaming gel fuel was dripping from the
top of the lanai onto the victims and
patio.
According to another refueling
incident report, a firepot was at the
center of a patio table and had been
burning for nearly two hours. The four
people present believed that the flame
had gone out. One began to pour more
gel fuel into the burn cup. According to
the incident report, ‘‘Once the bottle
was tilted in a direction to pour the gel
fuel, a fireball erupted. The fireball
appeared to come from outside the
bottle and above the gel burner. The
‘explosion’ knocked the victim
backwards out of her chair where she
laid with parts of her upper body on
fire.’’ The victim was hospitalized
(including three nights in the intensive
care unit) and released with seconddegree burns on 10 percent of her
body—on her face, arms, chest,
stomach, and back. The person pouring
the gel fuel suffered minor burn injuries.
Explosion while lighting firepot. In
five incidents (about 7 percent) an
explosion occurred in the firepot, which
already had fuel in it, when the
consumer attempted to light the firepot
with an open-flame ignition source
(such as a match or lighter). These
incidents resulted in nine injuries, four
of which were high severity burn
injuries needing hospitalization.
According to the incident reports, in
three cases the firepot had already been
in use that day and was being relit
having just been refilled. In two cases,
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it was not clear whether the firepot had
previously been in use that day.
Fuel container explosion. In two
incidents (about 3 percent), the gel fuel
container was a short distance away
from a lit firepot when the container
exploded. In both incidents, the victims
were hospitalized, one with high
severity burn injuries. In one incident,
the consumer reportedly poured the fuel
from a gallon jug into a ceramic firepot,
lit it with a long BBQ lighter, and placed
the jug of fuel a foot away when the jug
of fuel ignited and exploded. A 50-yearold female was injured and
hospitalized. In the other incident, the
25-year-old victim reported: ‘‘We
poured (brand X) fuel gel into our fire
pot and lit it. We sat the bottle of gel
about a foot away from the pot. (We
don’t remember if the top was on or off
the bottle.) All of the sudden, the bottle
exploded. The gel that passed over the
open flame of the pot ignited and
landed on me. (It sounded like a
gunshot.) The flash sunburned my face,
synged (sic) my eyelashes, and burned
my left ear. It caught my left arm, back,
hair and shirt on fire.’’ Engineering
analysis of these incidents suggests that
it was likely that a small flame was
present on the bottle after refueling of
the firepot, which could have ignited
the flammable vapors in the fuel
container.
Burn cup ejection. In six incidents
(about 8 percent), reports stated that the
burn cup ejected spontaneously from
the firepot during use. These incidents
resulted in three injuries, one of which
required hospitalization. Although we
could not replicate this scenario in
laboratory testing, we believe that the
burn cup ejections may be caused by
excessive pressure that builds up due to
inadequate venting in the interior of the
firepot.
Explosion during use. In four
incidents (about 5 percent), reports
stated that fuel in the burn cup
exploded spontaneously while the
firepot was in use. Single victims were
injured in three of these cases, with one
victim, a 5-year-old boy, reportedly
hospitalized for four days for burn
injuries to his face, eyes, and chest. In
another incident, a dog was set on fire;
it ran into the house, causing a fire and
substantial property damage. We could
not replicate this scenario in laboratory
testing, but we believe that fuel
explosions may be due to exposure to
contaminants.
Tip over of firepot. In three incidents
(about 4 percent), lit firepots tipped
over, causing burning gel fuel to spill.
These incidents resulted in six injuries,
four of which were high severity burn
injuries requiring hospitalization. Two
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of the victims were young children. In
these scenarios, the firepot was placed
on a surface, such as a table or stool,
when a person bumped into the
supporting surface or accidentally
knocked over the firepot, causing the
burning gel fuel to fall onto the victims.
Firepot breakage. In three incidents
(about 4 percent), the firepot reportedly
broke while it was in use. In one
incident it was reported that when the
firepot broke, ceramic shards went
flying. These incidents did not result in
injury. We did not observe this scenario
in our laboratory testing. However, it is
possible that the temperature and
internal pressure generated during use
of the firepot could cause the ceramic
firepot to break.
Explosion while extinguishing flame.
In one incident, a consumer reported
that when she attempted to extinguish
a firepot using the snuffer device that
was supplied with the firepot, a flame
erupted and flaming gel spurted up to
five feet away. The burning gel ignited
furniture and carpeting, causing
property damage but no injuries. This
scenario also was not observed in
laboratory testing.
Not enough information. In three
incidents, not enough information was
available to classify the hazard pattern.
These incidents resulted in three
injuries, one requiring hospitalization.
3. Details Concerning Injuries
Injuries resulting from these incidents
can be extensive and life-threatening,
requiring lengthy, costly, and painful
treatment. Burn injuries are classified by
the depth of tissue that is burned, which
is expressed as the degree of burn
(first-, second-, or third- degree). Burn
severity is a function of the victim’s age,
the depth of burn, the extent of burn
(generally expressed as the percentage
of total body surface area that has
second- or third-degree burns), and by
the specific location of the burned
area(s). Certain areas of the body are
considered to be critical areas (face,
ears, hands, feet, joints, genitals, and
perineum). As a general rule, any
injuries involving second- or thirddegree burns in critical areas, and/or
>20 percent TBSA, are considered high
severity and require hospitalization.
The reported injuries range from
minor to high severity, and two victims
are known to have died from their
severe burns. Surviving victims of
firepot incidents may require lifesupport and medical treatment in
intensive care units. Detailed
information is not available for all
hospitalization cases involving high
severity injuries, but we are aware of at
least 15 hospitalized victims who were
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admitted for extensive periods (from 10
to 76 days based on the most recent
update of each specific case). Eleven
cases specifically noted that between 20
to 70 percent of the total body surface
area was burned. Victims may require
multiple surgeries, including skin grafts,
and they may be at risk from
complications, such as shock, fluid loss,
and infection. In addition, victims may
be left with extensive deep scarring,
permanent disfigurement and functional
impairment, and severe psychological
trauma, especially if the face is
involved.
D. Analysis of Hazards Posed by
Firepots and Gel Fuel
Firepots used together with gel fuel
create a serious hazard that consumers
may not perceive accurately. Various
characteristics of both firepots and gel
fuels may be responsible for this. We
have analyzed the incidents and
samples of the products to understand
these hazards better.
1. Firepots
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a. Physical Characteristics
Firepots have certain physical
characteristics that our analysis
indicates could contribute to the hazard
reported in these incidents. All firepots
subject to this ANPR have an open
receptacle, referred to as a ‘‘burn cup,’’
to hold gel fuel. The burn cup is usually
made of stainless steel or ceramic
material. It has no covering. If the
firepot falls or is knocked over, the
burning gel fuel can spread onto people
or combustible items. Unlike candles,
oil lamps, or other outdoor lighting
accessories that require a wick to
produce a flame, firepots do not need a
wick to sustain a flame; so when a
firepot is knocked over, the fuel and fire
will spread readily.
Firepots are available in a variety of
shapes and sizes. The geometry of some
may make them more likely to tip over
if the firepot, or the surface on which it
sits, is bumped accidentally. We
conducted tests of several tip-over
scenarios. In these tests, when firepots
placed on a flat surface were tipped,
fuel was ejected up to 5 feet. When
firepots were positioned on heights
simulating placement on a table or bar,
as reported in the incident data, a
firepot falling from a 31-inch height
splattered fuel approximately 5 feet, and
falls from a 42-inch height splattered
fuel about 9 feet. Consumers are not
likely to anticipate the significant
distance that gel fuel can spatter. We are
aware of three firepot tip-over incidents
injuring six victims in which four
victims were hospitalized.
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The burn cup sits within the firepot
and is not secured to the base of the
firepot by any means. We are aware of
six incidents in which the burn cup
ejected from the firepot. Staff did not
observe this scenario in laboratory
testing. One possible explanation for
this scenario is that while the firepot is
in use with the gel fuel, it reaches very
high temperatures, which produces
increased pressure within the firepot.
This build up of pressure, without
adequate venting, may cause the burn
cup to eject.
b. Warnings and Use
We examined 11 samples of firepots
to assess the warnings provided with
the products and to consider hazards
related to how consumers are likely to
use firepots. Most of the firepots that we
examined have a warning directing the
consumer not to leave a burning firepot
unattended and to keep it away from
children and pets. Some firepots
instruct the user to place the firepot on
a flat and level surface only. Most of the
firepots that we examined had a
warning directing the user not to add
fuel to an open flame and to check that
the flame is out before refueling.
These warnings were usually on the
package or in the instructions enclosed
in the package. One sample had the
warning on the product, but it was not
affixed permanently and would be
removed by the consumer before using
the firepot because the warning blocks
the burn cup. None of the samples had
permanent warnings about refilling that
could be noticed each time the product
is used. We believe that the warnings
we examined are not likely to be
effective. They were not conspicuous
due to their placement, lack of visual
differentiation, and lack of pictorial
symbols. Moreover, only one warning
label clearly stated that the consequence
of not following the warning was severe
burns.
Consumers may not observe and
follow warning labels on or
accompanying firepots, even if the
warnings are present. In general, the
safer a product is perceived to be, the
less likely people are to read the
instructions and warnings that
accompany it. Also, the more familiar
people are with a product, the less
likely they are to read instructions and
warnings. Firepots appear to be simple
and familiar decorative accessories that
are easy to use. They may resemble
familiar and less hazardous products,
such as candle holders. In addition, it
may be difficult for consumers to
comply with a warning not to refill the
firepot while it is still hot or burning. As
discussed in section D.2.a. of this
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preamble, gel fuel produces a nearly
invisible flame that consumers may not
detect. In 26 of the 49 incidents that
reportedly occurred while a consumer
was refilling a firepot, consumers
reported that the flame was out, that
there were no visible flames, or that no
gel fuel was left in the firepot. In 10 of
the refilling incidents, consumers
acknowledged that the flame was low,
the pot was hot, or that there was a
small amount of gel fuel left in the pot
before they refilled it. In these
situations, consumers may be refilling
the firepots because they are not
sufficiently knowledgeable about the
behavior of alcohol-based fuels, and
they identify firepots with familiar and
less hazardous products.
2. Gel Fuel
a. Physical and Chemical Characteristics
We examined the physical and
chemical properties of 18 samples of gel
fuel to evaluate how these
characteristics may contribute to the
firepot incidents that have been
reported. The gel fuel samples that we
analyzed were composed primarily of
alcohol (approximately 80 percent
alcohol with the balance being water,
gelling agent, and additives like
citronella). Most contained ethanol and/
or IPA. Gel fuel is flammable. According
to regulations under the Federal
Hazardous Substances Act (‘‘FHSA’’), a
substance is considered flammable if it
has a flashpoint above 20 °F and below
100 °F. 16 CFR 1500.3(c)(6)(ii). The
flashpoint for the samples that we
examined was less than or equal to 74
°F. (Two samples that contained butane
had flashpoints of 32 °F and 36 °F.)
Under a widely recognized
classification system, gel fuel would
also be considered a Class 1 Flammable
Liquid. See National Fire Protection
Association (‘‘NFPA’’) 30, Flammable
and Combustible Liquids Code, Chapter
4.
Gel fuel produces a clean-burning
flame and generates very little smoke or
soot. This makes the flame less visible
than flames produced by other types of
fuel, particularly if it is burning during
daylight. Moreover, as the gel fuel in the
burn cup burns, the flames become
more obscured in the bottom of the cup.
A small flame or smoldering
combustion of the spent gel fuel may
remain in the base of the burn cup when
the fuel is almost exhausted. This can
mislead consumers into thinking that
the firepot’s flame is out and needs
more fuel. If the consumer adds fuel to
the firepot when there is a small flame
or smoldering combustion in the burn
cup, the gel fuel can easily ignite.
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Gel fuel has a higher viscosity than
liquid fuels, such as gasoline or
kerosene. Its consistency is similar to
molasses or honey. This higher viscosity
means that a pool of spilled gel fuel will
not spread as widely as a less viscous
liquid. However, the higher viscosity
increases the risk of injury with these
burning fuels. Most incidents involved
burning gel fuel that contacted victims
when the fuel exploded, was ejected, or
spilled. Due to its viscosity, burning gel
fuel, when it contacts skin or clothing,
sticks to that surface more than liquid
fuel. Burning gel fuel is difficult to
extinguish with the usual methods used
to put out a fire. The reaction that most
individuals would have when they are
on fire would be to ‘‘stop, drop, and
roll.’’ However, this maneuver is
ineffective because patting the flaming
gel fuel actually spreads the burning
surface. Using water to extinguish a gel
fuel fire also is not likely to be effective
because, to be successful, a significant
amount of water would be needed, and
initially pouring water on the fire is
likely to spread the burning gel fuel over
a larger surface area.
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b. Characteristics of Gel Fuel Containers
Most of the reported incidents
occurred when a consumer was in the
process of pouring more gel fuel into a
firepot that was, or recently had been,
in use. We examined the gel fuel
containers and assessed how the
combination of the properties of the gel
fuel and characteristics of the gel fuel
containers may contribute to the risk of
injury in these incidents.
In the majority of incidents,
consumers reported ‘‘explosions’’ and/
or ejecting of burning alcohol fuel
during refilling, or bottles ‘‘exploding’’
after refilling. These phenomena can be
explained by understanding the
chemistry within the vapor space (also
called the ‘‘headspace’’) of the bottle.
(See Figure 1.) The headspace is the area
inside the container that is above the
level of the fuel in the container. With
alcohol-based gel fuel at room
temperature, the concentration of the
alcohol vapors in the headspace is
above the lower flammable limit
(‘‘LFL’’) and below the upper flammable
limit (‘‘UFL’’). This means that, at room
temperatures, there is an explosive
concentration within the alcohol fuel
bottle headspace. When exposed to an
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open flame, this atmosphere will cause
an explosion and eject burning fuel. For
this to happen, the bottle must have a
sufficient amount of gaseous headspace
but still have a substantial amount of
fuel remaining. The amount of gaseous
headspace governs the energy of the
explosion, which then ejects the
remaining gel fuel. If the bottle is in an
orientation where fuel is near the bottle
throat and a flame is able to penetrate
into the headspace igniting the
explosive atmosphere, an explosion can
occur, which rapidly increases the
pressure inside the bottle and ejects the
remaining liquid or gel fuel, igniting it
as it exits. Testing at CPSC has
confirmed this scenario.
Most gel fuel containers are openmouth containers that resemble water
bottles or containers used for storing
cleaning liquids. They do not have
safety features, such as venting,
grounding, or flame arrestors to prevent
ignition of flammable vapors.
Furthermore, while a majority of the
incidents involved refueling, there are
incidents, such as tipovers, can
ejections, and explosions, which would
not be addressed by requiring safety
features on the gel fuel containers.
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c. Warnings and Use of Gel Fuel
As noted, gel fuel is flammable. Under
the FHSA, it is required to have labeling
that warns of the flammability hazard.
15 U.S.C. 1261(p). Almost all of the gel
fuel samples we examined complied
with the warning label requirements of
the FHSA. However, we found that
these warnings do not effectively
address the hazards posed by gel fuel.
As with the firepot warnings, the gel
fuel warnings are not conspicuous. The
majority of gel fuel bottles that we
examined warn against refilling a
firepot. However, this warning is only
one element in a long list of directions
for use or that is included in the list of
generic warnings, such as: ‘‘keep away
from children’’ or ‘‘never leave a
burning fire pot unattended.’’ The
refilling warnings are not differentiated
from other statements on the containers,
and they do not have any pictorial
symbols. None of the warnings state the
consequence of refilling a firepot while
it is hot or burning.
As with firepots, consumers are not
likely to perceive the hazard posed by
gel fuel. Gel fuel containers often are
packaged in containers that look
familiar, resembling water bottles. They
do not have any special closures, such
as child-resistant packaging, that might
alert a consumer to the potential hazard.
The containers may have phrases such
as ‘‘environmentally friendly,’’ ‘‘ecofriendly,’’ ‘‘live safe, burn safe,’’ and
‘‘non-toxic’’ that may reduce the
likelihood that a consumer would
consider the substance to be hazardous.
This may lead consumers to ignore
warnings on the product.
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E. Relevant Statutory Provisions
We are conducting this proceeding
under the Consumer Product Safety Act
(‘‘CPSA’’). 15 U.S.C. 2051 et seq.
Firepots and gel fuel are consumer
products. Id. 2052(a)(5). Under section 7
of the CPSA, the Commission can issue
a consumer product safety standard if
the requirements of such a standard are
‘‘reasonably necessary to prevent or
reduce an unreasonable risk of injury
associated with [a consumer product].’’
Id. 2056(a). Such a standard must be
expressed in terms of performance
requirements or requirements for
warnings or instructions. Id. Under
section 8 of the CPSA, the Commission
can issue a rule declaring a product to
be a banned hazardous product when
the Commission finds that a consumer
product is being, or will be, distributed
in commerce and there is no feasible
consumer product safety standard that
would adequately protect the public
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Jkt 226001
from the unreasonable risk associated
with the product. Id. 2057.
Section 9 of the CPSA sets out the
procedure that the Commission must
follow in order to issue a standard or a
banning rule. The rulemaking may begin
with an ANPR that identifies the
product and the nature of the risk of
injury associated with the product,
summarizes the regulatory alternatives
being considered by the Commission,
and provides information about any
relevant existing standards and a
summary of the reasons the Commission
believes they would not eliminate or
adequately reduce the risk of injury. The
ANPR also must invite comments
concerning the risk of injury and
regulatory alternatives and invite
submission of an existing standard or a
statement of intent to modify or develop
a voluntary standard to address the risk
of injury. Id. 2058(a). The next step in
the rulemaking would be for us to
review comments submitted in response
to the ANPR and decide whether to
issue a proposed rule along with a
preliminary regulatory analysis. The
preliminary regulatory analysis would
describe potential benefits and costs of
the proposal, discuss reasonable
alternatives, and summarize the
potential benefits and costs of the
alternatives. Id. 2058(c). We would then
review comments on the proposed rule
and decide whether to issue a final rule
along with a final regulatory analysis.
Id. 2058(d)–(g).
F. Relevant Existing Standards
We are not aware of any existing
mandatory or voluntary standards that
would address the risk of injury
associated with firepots and gel fuel.
Other federal agencies have regulations
concerning Class I flammable liquids.
For example, the U.S. Department of
Transportation (‘‘DOT’’) sets out certain
requirements for storage and
transportation of these substances. See,
e.g., 49 CFR parts 172 through 177. The
Occupational Safety and Health
Administration (‘‘OSHA’’) regulates
these substances in the workplace. 29
CFR 1910.106. These regulations do not
establish any requirements related to the
risk of injury identified in the reported
incidents. NFPA 30, Flammable and
Combustible Liquids Code, is a
voluntary standard concerning
classification, storage, and handling of
flammable and combustible liquids. It
does not directly address the firepot gel
fuel incidents. However, some of the
provisions concerning containers for
storing flammable liquids could provide
guidance for requirements for gel fuel
containers.
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80837
G. Regulatory Alternatives
We are considering the following
alternatives to address the risk of injury
associated with firepots and gel fuel:
1. Mandatory standard. We could
issue a rule establishing performance
requirements for firepots and/or gel fuel
to prevent or reduce an unreasonable
risk of injury associated with these
products. For example, possible
performance requirements for firepots
might include stability requirements to
address the tip-over hazard. Possible
requirements for gel fuel might include
performance requirements for flame
visibility to increase consumers’
awareness of the presence of a flame. To
address the refueling hazard, one option
may be requirements for gel fuel
containers to prevent ignition of the
flammable headspace or to require
venting of the container.
2. Mandatory labeling rule. We could
issue a rule setting requirements for
labeling and/or instructions for firepots
and/or gel fuel if we found that such
warnings and instructions could
sufficiently reduce the risk of injury
identified in the reported incidents.
3. Voluntary standard. If we
determined that a voluntary standard
was adequate to address the risk of
injury associated with firepots and gel
fuel, we could defer to the voluntary
standard in lieu of issuing a mandatory
rule.
4. Banning rule. We could issue a rule
declaring firepots and/or gel fuel to be
banned hazardous products if we found
that no feasible consumer product safety
standard would adequately protect the
public from the unreasonable risk of
injury associated with these products.
5. No regulatory action. We could take
no regulatory action, but continue to
rely on corrective actions under section
15 of the CPSA to address the risk of
injury associated with firepots and gel
fuel.
H. Solicitation of Information and
Comments
This ANPR is the first step of a
proceeding that could result in a
mandatory rule for firepots and gel fuel.
We invite interested persons to submit
comments on any aspect of the
alternatives discussed above.
In accordance with section 9(a) of the
CPSA, we also invite comments on:
1. The risk of injury identified by the
Commission, the regulatory alternatives
being considered, and other possible
alternatives for addressing the risk.
2. Any existing standard or portion of
a standard that could be issued as a
proposed regulation.
3. A statement of intention to modify
or develop a voluntary standard to
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Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Proposed Rules
address the risk of injury discussed in
this notice, along with a description of
a plan (including a schedule) to do so.
In addition, we invite comments and
information concerning the following:
1. What products should we include
in or exclude from the rulemaking? For
example, gel fuels tend to use ethanol,
isopropanol, and ethanol and
isopropanol mixtures. Specifying the
type of alcohol used in gel fuel would
provide clarity as to the scope of any
rule on gel fuel. However, if a gel fuel
manufacturer could substitute a
different alcohol or chemical for ethanol
or isopropanol, a rule that was specific
with respect to the type of alcohol used
might then be inapplicable.
2. What possible warnings or
instructions for firepots and/or gel fuel
could address the risk of injury?
3. What possible performance
requirements for firepots, gel fuel, and/
or gel fuel containers could address the
risk of injury? Examples of possible
performance requirements are a stability
test for firepots making them less likely
to tip over or a flame visibility test for
gel fuel so that the flame would be more
apparent.
4. What are the potential costs to
manufacturers of labeling or
performance requirements?
5. What are the potential benefits of
a rule that would require warnings or
instructions?
6. What are the potential benefits of
a rule that would establish performance
requirements for firepots, gel fuel, and/
or gel fuel containers?
7. What is the potential economic
impact of banning firepots and/or gel
fuel? What alternative products would
remain available?
8. What is the potential impact of a
rule on small entities?
9. What other uses exist for pourable
gel fuels other than the firepots covered
by the ANPR and the fireplaces that are
expressly not covered by this ANPR?
What is the potential impact on gel fuel
sold for stationary fireplaces of any
rule?
10. Should pourable gel fuels ever be
allowed to be used in open containers
or open flame applications that might
allow for spillage or splattering of gel
fuels?
11. Do single-use cans of gel fuel
present the same hazard as pourable gel
fuels? Should single-use cans be treated
differently under a rule?
Dated: December 20, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2011–32908 Filed 12–23–11; 8:45 am]
BILLING CODE 6355–01–P
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 4, 5, 16, 33, 35, 157, 348,
375, 380, 385 and 388
[Docket No. RM12–2–000]
Filing of Privileged Materials and
Answers to Motions
Federal Energy Regulatory
Commission, Energy.
ACTION: Notice of Proposed Rulemaking.
AGENCY:
The Commission proposes
changes in its rules and regulations
relating to the filing of privileged
material, in keeping with the
Commission’s efforts to comply with the
Paperwork Reduction Act, the
Government Paperwork Elimination
Act, and the E-Government Act of 2002.
First, the Commission will establish for
filing purposes two categories of
privileged material: Privileged material
and Critical Energy Infrastructure
Information. This revision will expand
the ability to file electronically by
permitting electronic filing of materials
subject to Administrative Law Judge
protective orders. Second, the
Commission proposes to revise its
regulations to provide a single set of
uniform procedures for filing privileged
materials. This effort is being
undertaken as part of the Commission’s
effort to reassess and streamline its
regulations to ensure that they are
efficient, effective and up to date.
Also, the Commission proposes to
revise Rule 213(d) of its Rules of
Practice and Procedure, which
establishes the timeline for filing
answers to motions, to clarify that the
standard fifteen day reply time will not
apply to motions requesting an
extension of time or a shortened time
period for action. Instead, the
Commission proposes to set the time for
responding to such motions at five days,
unless another time period is
established by notice based on the
circumstances.
SUMMARY:
DATES:
Comments are due February 27,
2012.
Comments, identified by
docket number, may be filed in the
following ways:
• Electronic Filing through https://
www.ferc.gov. Documents created
electronically using word processing
software should be filed in native
applications or print-to-PDF format and
not in a scanned format.
• Mail/Hand Delivery: Those unable
to file electronically may mail or hand-
ADDRESSES:
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deliver comments to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE.,
Washington, DC 20426.
• Instructions: For detailed
instructions on submitting comments
and additional information on the
rulemaking process, see the Comment
Procedures Section of this document.
FOR FURTHER INFORMATION CONTACT:
Christopher Cook (Technology/
Procedural Information), Office of the
Executive Director, Federal Energy
Regulatory Commission, 888 First
Street NE., Washington, DC 20426,
Telephone: (202) 502–8102.
Richard M. Wartchow (Legal
Information), Office of the General
Counsel, Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, Telephone:
(202) 502–8744.
SUPPLEMENTARY INFORMATION:
Before Commissioners: Jon Wellinghoff,
Chairman; Philip D. Moeller, John R.
Norris, and Cheryl A. LaFleur.
Notice of Proposed Rulemaking
(Issued December 16, 2011.)
1. The Commission proposes changes
in its rules and regulations relating to
the filing of privileged material,1 in
keeping with the Commission’s efforts
to comply with the Paperwork
Reduction Act,2 the Government
Paperwork Elimination Act 3 and E–
Government Act of 2002.4 First, the
Commission proposes to establish only
two categories for filing privileged
material: Privileged and Critical Energy
Infrastructure Information (CEII). This
change will expand the ability to file
electronically by permitting electronic
filing of material subject to protective
orders in proceedings set for hearing
before Administrative Law Judges (ALJ).
2. Second, the Commission proposes
to revise section 388.112 of its
1 The revised regulations explain that, for the
purposes of the Commission’s filing requirements,
information subject to an outstanding claim of
exemption from disclosure under the Freedom of
Information Act (FOIA) will be referred to as
privileged. See proposed section 388.112(a)(1).
Thus, material that is filed pursuant to any claim
that it is privileged, confidential, commercially
sensitive or Critical Energy Infrastructure
Information (CEII), or otherwise constitutes material
for which an exemption may be asserted under the
Freedom of Information Act will be referred to as
privileged. 5 U.S.C. 552; 18 CFR 388.107. One
distinction outside of the proposed section 388.112
context between materials claimed to be privileged
and those claimed to be CEII is that materials
designated privileged may be accessed in
accordance with 18 CFR 388.108, and those
designated CEII in accordance with 18 CFR 388.113.
2 Public Law 104–13, 109 Stat. 163 (1995).
3 Title XVII, Public Law 105–277, 112 Stat. 2681
(1998).
4 Public Law 107–347, 116 Stat. 2899 (2002).
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Agencies
[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Proposed Rules]
[Pages 80832-80838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32908]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part Chapter II
Fire Pots and Gel Fuel; Advance Notice of Proposed Rulemaking;
Request for Comments and Information
AGENCY: Consumer Product Safety Commission.
ACTION: Advance notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (``the Commission,''
``CPSC,'' or ``we'') has reason to believe that firepots and gel fuel
used together may present an unreasonable risk of injury. As of
September 30, 2011, the Commission is aware of 76 incidents that
resulted in 2 deaths and 86 injuries involving firepots used with gel
fuel. All of these incidents occurred between April 3, 2010 and
September 1, 2011. Many of the injuries were severe; over half of the
victims reportedly required hospitalization. This advance notice of
proposed rulemaking (``ANPR'') initiates a rulemaking proceeding under
the Consumer Product Safety Act (``CPSA''). We invite comments
concerning the risk of injury associated with firepots, gel fuel and
gel fuel containers, the regulatory alternatives discussed in this
notice, and other possible ways to address this risk. We also invite
interested persons to submit an existing standard or a statement of
intent to modify or develop a voluntary standard to address the risk of
injury described in this notice.
DATES: Written comments in response to this notice must be received by
February 27, 2012.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2011-
0095, by any of the following methods:
Electronic Submissions
Submit electronic comments in the following way:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
To ensure timely processing of comments, the Commission is no
longer accepting comments submitted by electronic mail (email), except
through www.regulations.gov.
Written Submissions
Submit written submissions in the following way:
Mail/Hand delivery/Courier (for paper, disk, or CD-ROM
submissions), preferably in five copies, to: Office of the Secretary,
Consumer Product Safety Commission, Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301) 504-7923.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received may be
posted without change, including any personal identifiers, contact
information, or other personal information provided, to https://www.regulations.gov. Do not submit confidential business information,
trade secret information, or other sensitive or protected information
electronically. Such information should be submitted in writing.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Rohit Khanna, Fire Program Area Team
Leader, Office of Hazard Identification and Reduction, Consumer Product
Safety Commission, National Product Testing and Evaluation Center, 5
Research Place Rockville, MD 20850; telephone (301) 987-2508, or email
rkhanna@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
CPSC staff identified firepots used with gel fuel as an emerging
hazard in June 2011, after a severe injury was reported to the CPSC. We
pursued investigations and conducted analyses of these incidents. As of
September 30, 2011, we are aware of 76 incidents involving firepots
used with gel fuel that resulted in 2 deaths and 86 injuries. In an
effort to address this emerging hazard, the CPSC's Office of Compliance
and Field Operations initiated several recalls of pourable alcohol gel
fuel. To date, 12 voluntary recalls have been announced recalling more
than 2 million bottles of gel fuel. The products involved in the
recalls were alcohol-based gel fuel in containers intended to be used
with firepots. Each recalled product was marketed for use with
[[Page 80833]]
firepots. We seek to establish a more permanent means to reduce or
eliminate the hazard posed by firepots using gel fuel.
B. The Products
The incidents discussed in this ANPR all involve firepots used with
alcohol-based gel fuel. When firepots and gel fuel are used together,
they can present serious burn and fire hazards. Firepots and gel fuel
are usually sold as separate products, but they are often marketed for
use together, and some companies manufacture both products.
1. Firepots
This ANPR covers firepots that are designed and intended to be used
with gel fuel. Firepots are portable, decorative lighting accents
marketed for indoor and outdoor use. Their purpose is decorative. They
provide some illumination and are not intended to provide heat. Many
are made of ceramic material and look like vases or decorative pots,
but some have different features and materials, such as a partial
enclosure made of glass. Firepots are also sometimes called personal
fireplaces, personal fire pits, firelights, or fire bowls. These
products have the following characteristics in common. They: (1) Are
portable; (2) are open on at least one side; (3) have an open cup,
usually made of stainless steel, to hold the gel fuel; and (4) are used
with alcohol-based gel fuel. This ANPR does not cover stationary
fireplaces or lighting products that have a wick or use a type of fuel
other than alcohol-based gel fuel.
Firepots are relatively new products. They were not prominently
marketed until late 2009. Firepots range in price from under $20 to
more than $100. Based on a review of online retailers' product
offerings, most models are priced at $20 to $40. Based on information
relating unit sales of gel fuel by a leading manufacturer to its sales
of firepots, we estimate that nearly 2.5 million firepots could have
been sold to consumers since the product was introduced. Most units
likely were purchased in 2010, and during the first six months of 2011.
We have identified at least 10 companies that have manufactured
firepots or have been wholesalers/private labelers of firepots. These
firepots have been sold online or through retail outlets that market
home and garden products. Most of the leading marketers of firepots
also have marketed their own brands of gel fuel. The leading firms in
the firepot market have fewer than 20 employees, and they are
categorized primarily as wholesalers. Under size standards issued by
the U.S. Small Business Administration (``SBA''), wholesalers with
fewer than 100 employees could be considered small businesses. Barriers
to market entry are minimal, and additional firms could market firepots
that they manufacture or import.
2. Gel Fuel
This ANPR also covers gel fuel that is designed and intended to be
used as fuel for firepots. Gel fuel is composed primarily of alcohol,
and it produces a clean-burning flame with no visible smoke or ash.
CPSC staff analyzed 18 samples of firepot gel fuels to determine
chemical composition, flash point, and viscosity. The analyses showed
that firepot gel fuel is primarily alcohol-based (containing
approximately 80 percent alcohol). The types of alcohol most commonly
included were ethanol, isopropanol (``IPA''), and ethanol and IPA
mixtures. The remaining components in the gel fuel samples were water,
gelling agents, and additives, including citronella and eucalyptus. The
analysis determined that the flashpoint for these samples was less than
or equal to 74[emsp14][deg]F (``F''), with the lowest measure being
32[emsp14][deg]F. Gel fuel has a higher viscosity than liquid fuels.
The analysis found that gel fuel viscosities ranged from 5,000 to
25,000 CentiPoise (``cP''). These viscosities are similar to those of
molasses (5,000 cP) or chocolate syrup (10,000 to 25,000 cP).
Gel fuel intended for use with firepots has been sold in sizes
ranging from one pint to one gallon, with one-quart containers
apparently the most common size. Individual containers of gel fuel
generally have sold at retail for $5 to $20 per unit. Although firepots
have had a significant presence in the consumer market for the last two
years only, at least one firm has marketed gel fuel similar to what is
used in firepots for approximately the last 10 years to be used as fuel
for gel fuel fireplaces. Gel fuel for fireplaces has been available in
single-use cans since at least the middle 1980s. These products
continue to be marketed by some firms, including firms that had been
active in the market for firepots. Gel fuel also is available in
single-use cans that can be placed in the firepot. Single-use cans of
gel fuel intended for use with firepots are covered by this ANPR. Most
manufacturers and private labelers identified by CPSC staff who offer
gel fuel in bottle containers did not offer it for sale until 2009 or
later.
Information on unit sales of gel fuels was provided by 11 of the
firms that agreed to voluntary recalls of their products during 2011.
These firms had combined shipments of about 2.5 million units since
2008. One firm accounted for nearly two-thirds of the total reported
unit sales. A twelfth firm also agreed to a recall of its products, but
information on its unit sales is not available. Available information
indicates that the firms would be considered small businesses under SBA
guidelines.
C. The Risk of Injury
1. Incident Data Overview
As of September 30, 2011, we are aware of 76 incidents involving
firepots that were using gel fuel. These incidents resulted in 2 deaths
and 86 injuries, a majority of which resulted in severe burns that
reportedly required hospitalization. The incidents occurred between
April 3, 2010 and September 1, 2011. A majority of the reported
incidents (as well as a majority of the injuries and both fatalities)
occurred when a consumer was pouring more fuel into a firepot (referred
to as ``refueling''), resulting in an explosion. This and other hazard
scenarios are discussed in section C.2 of this preamble. Many injuries
were severe. Of the 86 injury victims, 48 of them (56%) were
hospitalized. Many victims who were not hospitalized received treatment
in emergency rooms for their burn injuries. Most (53) of the incidents
involved 1 victim, but 9 had no victims, and 14 had multiple victims.
The two fatalities were a 51-year-old man and an 84-year-old woman.
Of the 86 nonfatal injury victims, 19 were victims of unknown age.
Among the 67 injury victims whose age is known, 1 was under 5 years of
age, 7 were between ages 5 and 14, 12 were between ages 15 and 29, 39
were between ages 30 and 49, 7 were between 50 and 64, and 1 was older
than 64.
2. Hazard Scenarios
From the reported incidents, we identified eight hazard scenarios
associated with firepots using gel fuel. The most common hazard
scenario involves refilling the firepot with gel fuel. The eight
identified hazard scenarios are discussed below.
Refueling firepot. The majority of incidents, the majority of high
severity injuries, and both deaths reported to date, occurred when
consumers were attempting to refill a firepot that had just recently
been in use. In 49 incidents (64 percent of all reported incidents),
consumers were reportedly in the process of, or had just finished,
refilling a firepot when the flame in the firepot ignited the vapors in
the fuel container and an explosion resulted. These 49
[[Page 80834]]
incidents caused 2 fatalities and 61 injuries, 35 of which were high
severity burns needing hospitalization. In 36 of the 49 refueling
incidents, the most seriously injured person was not the person who was
refilling the firepot. Details on the extent of the burns frequently
are missing for the hospitalized cases, but at least nine victims of
this scenario reportedly sustained between 20 to 70 percent total body
surface area (``TBSA'') burns. In 26 of these 49 incidents, consumers
reported that they believed the firepot had run out of fuel because
they did not see any flames in the firepot. In 6 of these 49 incidents,
consumers reported that a low flame was present in a nearly empty
firepot.
For example, in one incident, a 51-year-old man sustained 60
percent TBSA burns and died after being hospitalized for 33 days. His
wife also was hospitalized with serious burns. According to the
incident report, ``His wife was sitting at the table as he was pouring
the fuel. Suddenly there was an explosion and the husband, wife, lanai,
plants, clothing. etc., were all on fire.'' Flaming gel fuel was
dripping from the top of the lanai onto the victims and patio.
According to another refueling incident report, a firepot was at
the center of a patio table and had been burning for nearly two hours.
The four people present believed that the flame had gone out. One began
to pour more gel fuel into the burn cup. According to the incident
report, ``Once the bottle was tilted in a direction to pour the gel
fuel, a fireball erupted. The fireball appeared to come from outside
the bottle and above the gel burner. The `explosion' knocked the victim
backwards out of her chair where she laid with parts of her upper body
on fire.'' The victim was hospitalized (including three nights in the
intensive care unit) and released with second-degree burns on 10
percent of her body--on her face, arms, chest, stomach, and back. The
person pouring the gel fuel suffered minor burn injuries.
Explosion while lighting firepot. In five incidents (about 7
percent) an explosion occurred in the firepot, which already had fuel
in it, when the consumer attempted to light the firepot with an open-
flame ignition source (such as a match or lighter). These incidents
resulted in nine injuries, four of which were high severity burn
injuries needing hospitalization. According to the incident reports, in
three cases the firepot had already been in use that day and was being
relit having just been refilled. In two cases, it was not clear whether
the firepot had previously been in use that day.
Fuel container explosion. In two incidents (about 3 percent), the
gel fuel container was a short distance away from a lit firepot when
the container exploded. In both incidents, the victims were
hospitalized, one with high severity burn injuries. In one incident,
the consumer reportedly poured the fuel from a gallon jug into a
ceramic firepot, lit it with a long BBQ lighter, and placed the jug of
fuel a foot away when the jug of fuel ignited and exploded. A 50-year-
old female was injured and hospitalized. In the other incident, the 25-
year-old victim reported: ``We poured (brand X) fuel gel into our fire
pot and lit it. We sat the bottle of gel about a foot away from the
pot. (We don't remember if the top was on or off the bottle.) All of
the sudden, the bottle exploded. The gel that passed over the open
flame of the pot ignited and landed on me. (It sounded like a gunshot.)
The flash sunburned my face, synged (sic) my eyelashes, and burned my
left ear. It caught my left arm, back, hair and shirt on fire.''
Engineering analysis of these incidents suggests that it was likely
that a small flame was present on the bottle after refueling of the
firepot, which could have ignited the flammable vapors in the fuel
container.
Burn cup ejection. In six incidents (about 8 percent), reports
stated that the burn cup ejected spontaneously from the firepot during
use. These incidents resulted in three injuries, one of which required
hospitalization. Although we could not replicate this scenario in
laboratory testing, we believe that the burn cup ejections may be
caused by excessive pressure that builds up due to inadequate venting
in the interior of the firepot.
Explosion during use. In four incidents (about 5 percent), reports
stated that fuel in the burn cup exploded spontaneously while the
firepot was in use. Single victims were injured in three of these
cases, with one victim, a 5-year-old boy, reportedly hospitalized for
four days for burn injuries to his face, eyes, and chest. In another
incident, a dog was set on fire; it ran into the house, causing a fire
and substantial property damage. We could not replicate this scenario
in laboratory testing, but we believe that fuel explosions may be due
to exposure to contaminants.
Tip over of firepot. In three incidents (about 4 percent), lit
firepots tipped over, causing burning gel fuel to spill. These
incidents resulted in six injuries, four of which were high severity
burn injuries requiring hospitalization. Two of the victims were young
children. In these scenarios, the firepot was placed on a surface, such
as a table or stool, when a person bumped into the supporting surface
or accidentally knocked over the firepot, causing the burning gel fuel
to fall onto the victims.
Firepot breakage. In three incidents (about 4 percent), the firepot
reportedly broke while it was in use. In one incident it was reported
that when the firepot broke, ceramic shards went flying. These
incidents did not result in injury. We did not observe this scenario in
our laboratory testing. However, it is possible that the temperature
and internal pressure generated during use of the firepot could cause
the ceramic firepot to break.
Explosion while extinguishing flame. In one incident, a consumer
reported that when she attempted to extinguish a firepot using the
snuffer device that was supplied with the firepot, a flame erupted and
flaming gel spurted up to five feet away. The burning gel ignited
furniture and carpeting, causing property damage but no injuries. This
scenario also was not observed in laboratory testing.
Not enough information. In three incidents, not enough information
was available to classify the hazard pattern. These incidents resulted
in three injuries, one requiring hospitalization.
3. Details Concerning Injuries
Injuries resulting from these incidents can be extensive and life-
threatening, requiring lengthy, costly, and painful treatment. Burn
injuries are classified by the depth of tissue that is burned, which is
expressed as the degree of burn (first-, second-, or third- degree).
Burn severity is a function of the victim's age, the depth of burn, the
extent of burn (generally expressed as the percentage of total body
surface area that has second- or third-degree burns), and by the
specific location of the burned area(s). Certain areas of the body are
considered to be critical areas (face, ears, hands, feet, joints,
genitals, and perineum). As a general rule, any injuries involving
second- or third-degree burns in critical areas, and/or >20 percent
TBSA, are considered high severity and require hospitalization.
The reported injuries range from minor to high severity, and two
victims are known to have died from their severe burns. Surviving
victims of firepot incidents may require life-support and medical
treatment in intensive care units. Detailed information is not
available for all hospitalization cases involving high severity
injuries, but we are aware of at least 15 hospitalized victims who were
[[Page 80835]]
admitted for extensive periods (from 10 to 76 days based on the most
recent update of each specific case). Eleven cases specifically noted
that between 20 to 70 percent of the total body surface area was
burned. Victims may require multiple surgeries, including skin grafts,
and they may be at risk from complications, such as shock, fluid loss,
and infection. In addition, victims may be left with extensive deep
scarring, permanent disfigurement and functional impairment, and severe
psychological trauma, especially if the face is involved.
D. Analysis of Hazards Posed by Firepots and Gel Fuel
Firepots used together with gel fuel create a serious hazard that
consumers may not perceive accurately. Various characteristics of both
firepots and gel fuels may be responsible for this. We have analyzed
the incidents and samples of the products to understand these hazards
better.
1. Firepots
a. Physical Characteristics
Firepots have certain physical characteristics that our analysis
indicates could contribute to the hazard reported in these incidents.
All firepots subject to this ANPR have an open receptacle, referred to
as a ``burn cup,'' to hold gel fuel. The burn cup is usually made of
stainless steel or ceramic material. It has no covering. If the firepot
falls or is knocked over, the burning gel fuel can spread onto people
or combustible items. Unlike candles, oil lamps, or other outdoor
lighting accessories that require a wick to produce a flame, firepots
do not need a wick to sustain a flame; so when a firepot is knocked
over, the fuel and fire will spread readily.
Firepots are available in a variety of shapes and sizes. The
geometry of some may make them more likely to tip over if the firepot,
or the surface on which it sits, is bumped accidentally. We conducted
tests of several tip-over scenarios. In these tests, when firepots
placed on a flat surface were tipped, fuel was ejected up to 5 feet.
When firepots were positioned on heights simulating placement on a
table or bar, as reported in the incident data, a firepot falling from
a 31-inch height splattered fuel approximately 5 feet, and falls from a
42-inch height splattered fuel about 9 feet. Consumers are not likely
to anticipate the significant distance that gel fuel can spatter. We
are aware of three firepot tip-over incidents injuring six victims in
which four victims were hospitalized.
The burn cup sits within the firepot and is not secured to the base
of the firepot by any means. We are aware of six incidents in which the
burn cup ejected from the firepot. Staff did not observe this scenario
in laboratory testing. One possible explanation for this scenario is
that while the firepot is in use with the gel fuel, it reaches very
high temperatures, which produces increased pressure within the
firepot. This build up of pressure, without adequate venting, may cause
the burn cup to eject.
b. Warnings and Use
We examined 11 samples of firepots to assess the warnings provided
with the products and to consider hazards related to how consumers are
likely to use firepots. Most of the firepots that we examined have a
warning directing the consumer not to leave a burning firepot
unattended and to keep it away from children and pets. Some firepots
instruct the user to place the firepot on a flat and level surface
only. Most of the firepots that we examined had a warning directing the
user not to add fuel to an open flame and to check that the flame is
out before refueling.
These warnings were usually on the package or in the instructions
enclosed in the package. One sample had the warning on the product, but
it was not affixed permanently and would be removed by the consumer
before using the firepot because the warning blocks the burn cup. None
of the samples had permanent warnings about refilling that could be
noticed each time the product is used. We believe that the warnings we
examined are not likely to be effective. They were not conspicuous due
to their placement, lack of visual differentiation, and lack of
pictorial symbols. Moreover, only one warning label clearly stated that
the consequence of not following the warning was severe burns.
Consumers may not observe and follow warning labels on or
accompanying firepots, even if the warnings are present. In general,
the safer a product is perceived to be, the less likely people are to
read the instructions and warnings that accompany it. Also, the more
familiar people are with a product, the less likely they are to read
instructions and warnings. Firepots appear to be simple and familiar
decorative accessories that are easy to use. They may resemble familiar
and less hazardous products, such as candle holders. In addition, it
may be difficult for consumers to comply with a warning not to refill
the firepot while it is still hot or burning. As discussed in section
D.2.a. of this preamble, gel fuel produces a nearly invisible flame
that consumers may not detect. In 26 of the 49 incidents that
reportedly occurred while a consumer was refilling a firepot, consumers
reported that the flame was out, that there were no visible flames, or
that no gel fuel was left in the firepot. In 10 of the refilling
incidents, consumers acknowledged that the flame was low, the pot was
hot, or that there was a small amount of gel fuel left in the pot
before they refilled it. In these situations, consumers may be
refilling the firepots because they are not sufficiently knowledgeable
about the behavior of alcohol-based fuels, and they identify firepots
with familiar and less hazardous products.
2. Gel Fuel
a. Physical and Chemical Characteristics
We examined the physical and chemical properties of 18 samples of
gel fuel to evaluate how these characteristics may contribute to the
firepot incidents that have been reported. The gel fuel samples that we
analyzed were composed primarily of alcohol (approximately 80 percent
alcohol with the balance being water, gelling agent, and additives like
citronella). Most contained ethanol and/or IPA. Gel fuel is flammable.
According to regulations under the Federal Hazardous Substances Act
(``FHSA''), a substance is considered flammable if it has a flashpoint
above 20 [deg]F and below 100 [deg]F. 16 CFR 1500.3(c)(6)(ii). The
flashpoint for the samples that we examined was less than or equal to
74 [deg]F. (Two samples that contained butane had flashpoints of 32
[deg]F and 36 [deg]F.) Under a widely recognized classification system,
gel fuel would also be considered a Class 1 Flammable Liquid. See
National Fire Protection Association (``NFPA'') 30, Flammable and
Combustible Liquids Code, Chapter 4.
Gel fuel produces a clean-burning flame and generates very little
smoke or soot. This makes the flame less visible than flames produced
by other types of fuel, particularly if it is burning during daylight.
Moreover, as the gel fuel in the burn cup burns, the flames become more
obscured in the bottom of the cup. A small flame or smoldering
combustion of the spent gel fuel may remain in the base of the burn cup
when the fuel is almost exhausted. This can mislead consumers into
thinking that the firepot's flame is out and needs more fuel. If the
consumer adds fuel to the firepot when there is a small flame or
smoldering combustion in the burn cup, the gel fuel can easily ignite.
[[Page 80836]]
Gel fuel has a higher viscosity than liquid fuels, such as gasoline
or kerosene. Its consistency is similar to molasses or honey. This
higher viscosity means that a pool of spilled gel fuel will not spread
as widely as a less viscous liquid. However, the higher viscosity
increases the risk of injury with these burning fuels. Most incidents
involved burning gel fuel that contacted victims when the fuel
exploded, was ejected, or spilled. Due to its viscosity, burning gel
fuel, when it contacts skin or clothing, sticks to that surface more
than liquid fuel. Burning gel fuel is difficult to extinguish with the
usual methods used to put out a fire. The reaction that most
individuals would have when they are on fire would be to ``stop, drop,
and roll.'' However, this maneuver is ineffective because patting the
flaming gel fuel actually spreads the burning surface. Using water to
extinguish a gel fuel fire also is not likely to be effective because,
to be successful, a significant amount of water would be needed, and
initially pouring water on the fire is likely to spread the burning gel
fuel over a larger surface area.
b. Characteristics of Gel Fuel Containers
Most of the reported incidents occurred when a consumer was in the
process of pouring more gel fuel into a firepot that was, or recently
had been, in use. We examined the gel fuel containers and assessed how
the combination of the properties of the gel fuel and characteristics
of the gel fuel containers may contribute to the risk of injury in
these incidents.
In the majority of incidents, consumers reported ``explosions''
and/or ejecting of burning alcohol fuel during refilling, or bottles
``exploding'' after refilling. These phenomena can be explained by
understanding the chemistry within the vapor space (also called the
``headspace'') of the bottle. (See Figure 1.) The headspace is the area
inside the container that is above the level of the fuel in the
container. With alcohol-based gel fuel at room temperature, the
concentration of the alcohol vapors in the headspace is above the lower
flammable limit (``LFL'') and below the upper flammable limit
(``UFL''). This means that, at room temperatures, there is an explosive
concentration within the alcohol fuel bottle headspace. When exposed to
an open flame, this atmosphere will cause an explosion and eject
burning fuel. For this to happen, the bottle must have a sufficient
amount of gaseous headspace but still have a substantial amount of fuel
remaining. The amount of gaseous headspace governs the energy of the
explosion, which then ejects the remaining gel fuel. If the bottle is
in an orientation where fuel is near the bottle throat and a flame is
able to penetrate into the headspace igniting the explosive atmosphere,
an explosion can occur, which rapidly increases the pressure inside the
bottle and ejects the remaining liquid or gel fuel, igniting it as it
exits. Testing at CPSC has confirmed this scenario.
Most gel fuel containers are open-mouth containers that resemble
water bottles or containers used for storing cleaning liquids. They do
not have safety features, such as venting, grounding, or flame
arrestors to prevent ignition of flammable vapors. Furthermore, while a
majority of the incidents involved refueling, there are incidents, such
as tipovers, can ejections, and explosions, which would not be
addressed by requiring safety features on the gel fuel containers.
[GRAPHIC] [TIFF OMITTED] TP27DE11.002
[[Page 80837]]
c. Warnings and Use of Gel Fuel
As noted, gel fuel is flammable. Under the FHSA, it is required to
have labeling that warns of the flammability hazard. 15 U.S.C. 1261(p).
Almost all of the gel fuel samples we examined complied with the
warning label requirements of the FHSA. However, we found that these
warnings do not effectively address the hazards posed by gel fuel. As
with the firepot warnings, the gel fuel warnings are not conspicuous.
The majority of gel fuel bottles that we examined warn against
refilling a firepot. However, this warning is only one element in a
long list of directions for use or that is included in the list of
generic warnings, such as: ``keep away from children'' or ``never leave
a burning fire pot unattended.'' The refilling warnings are not
differentiated from other statements on the containers, and they do not
have any pictorial symbols. None of the warnings state the consequence
of refilling a firepot while it is hot or burning.
As with firepots, consumers are not likely to perceive the hazard
posed by gel fuel. Gel fuel containers often are packaged in containers
that look familiar, resembling water bottles. They do not have any
special closures, such as child-resistant packaging, that might alert a
consumer to the potential hazard. The containers may have phrases such
as ``environmentally friendly,'' ``eco-friendly,'' ``live safe, burn
safe,'' and ``non-toxic'' that may reduce the likelihood that a
consumer would consider the substance to be hazardous. This may lead
consumers to ignore warnings on the product.
E. Relevant Statutory Provisions
We are conducting this proceeding under the Consumer Product Safety
Act (``CPSA''). 15 U.S.C. 2051 et seq. Firepots and gel fuel are
consumer products. Id. 2052(a)(5). Under section 7 of the CPSA, the
Commission can issue a consumer product safety standard if the
requirements of such a standard are ``reasonably necessary to prevent
or reduce an unreasonable risk of injury associated with [a consumer
product].'' Id. 2056(a). Such a standard must be expressed in terms of
performance requirements or requirements for warnings or instructions.
Id. Under section 8 of the CPSA, the Commission can issue a rule
declaring a product to be a banned hazardous product when the
Commission finds that a consumer product is being, or will be,
distributed in commerce and there is no feasible consumer product
safety standard that would adequately protect the public from the
unreasonable risk associated with the product. Id. 2057.
Section 9 of the CPSA sets out the procedure that the Commission
must follow in order to issue a standard or a banning rule. The
rulemaking may begin with an ANPR that identifies the product and the
nature of the risk of injury associated with the product, summarizes
the regulatory alternatives being considered by the Commission, and
provides information about any relevant existing standards and a
summary of the reasons the Commission believes they would not eliminate
or adequately reduce the risk of injury. The ANPR also must invite
comments concerning the risk of injury and regulatory alternatives and
invite submission of an existing standard or a statement of intent to
modify or develop a voluntary standard to address the risk of injury.
Id. 2058(a). The next step in the rulemaking would be for us to review
comments submitted in response to the ANPR and decide whether to issue
a proposed rule along with a preliminary regulatory analysis. The
preliminary regulatory analysis would describe potential benefits and
costs of the proposal, discuss reasonable alternatives, and summarize
the potential benefits and costs of the alternatives. Id. 2058(c). We
would then review comments on the proposed rule and decide whether to
issue a final rule along with a final regulatory analysis. Id. 2058(d)-
(g).
F. Relevant Existing Standards
We are not aware of any existing mandatory or voluntary standards
that would address the risk of injury associated with firepots and gel
fuel. Other federal agencies have regulations concerning Class I
flammable liquids. For example, the U.S. Department of Transportation
(``DOT'') sets out certain requirements for storage and transportation
of these substances. See, e.g., 49 CFR parts 172 through 177. The
Occupational Safety and Health Administration (``OSHA'') regulates
these substances in the workplace. 29 CFR 1910.106. These regulations
do not establish any requirements related to the risk of injury
identified in the reported incidents. NFPA 30, Flammable and
Combustible Liquids Code, is a voluntary standard concerning
classification, storage, and handling of flammable and combustible
liquids. It does not directly address the firepot gel fuel incidents.
However, some of the provisions concerning containers for storing
flammable liquids could provide guidance for requirements for gel fuel
containers.
G. Regulatory Alternatives
We are considering the following alternatives to address the risk
of injury associated with firepots and gel fuel:
1. Mandatory standard. We could issue a rule establishing
performance requirements for firepots and/or gel fuel to prevent or
reduce an unreasonable risk of injury associated with these products.
For example, possible performance requirements for firepots might
include stability requirements to address the tip-over hazard. Possible
requirements for gel fuel might include performance requirements for
flame visibility to increase consumers' awareness of the presence of a
flame. To address the refueling hazard, one option may be requirements
for gel fuel containers to prevent ignition of the flammable headspace
or to require venting of the container.
2. Mandatory labeling rule. We could issue a rule setting
requirements for labeling and/or instructions for firepots and/or gel
fuel if we found that such warnings and instructions could sufficiently
reduce the risk of injury identified in the reported incidents.
3. Voluntary standard. If we determined that a voluntary standard
was adequate to address the risk of injury associated with firepots and
gel fuel, we could defer to the voluntary standard in lieu of issuing a
mandatory rule.
4. Banning rule. We could issue a rule declaring firepots and/or
gel fuel to be banned hazardous products if we found that no feasible
consumer product safety standard would adequately protect the public
from the unreasonable risk of injury associated with these products.
5. No regulatory action. We could take no regulatory action, but
continue to rely on corrective actions under section 15 of the CPSA to
address the risk of injury associated with firepots and gel fuel.
H. Solicitation of Information and Comments
This ANPR is the first step of a proceeding that could result in a
mandatory rule for firepots and gel fuel. We invite interested persons
to submit comments on any aspect of the alternatives discussed above.
In accordance with section 9(a) of the CPSA, we also invite
comments on:
1. The risk of injury identified by the Commission, the regulatory
alternatives being considered, and other possible alternatives for
addressing the risk.
2. Any existing standard or portion of a standard that could be
issued as a proposed regulation.
3. A statement of intention to modify or develop a voluntary
standard to
[[Page 80838]]
address the risk of injury discussed in this notice, along with a
description of a plan (including a schedule) to do so.
In addition, we invite comments and information concerning the
following:
1. What products should we include in or exclude from the
rulemaking? For example, gel fuels tend to use ethanol, isopropanol,
and ethanol and isopropanol mixtures. Specifying the type of alcohol
used in gel fuel would provide clarity as to the scope of any rule on
gel fuel. However, if a gel fuel manufacturer could substitute a
different alcohol or chemical for ethanol or isopropanol, a rule that
was specific with respect to the type of alcohol used might then be
inapplicable.
2. What possible warnings or instructions for firepots and/or gel
fuel could address the risk of injury?
3. What possible performance requirements for firepots, gel fuel,
and/or gel fuel containers could address the risk of injury? Examples
of possible performance requirements are a stability test for firepots
making them less likely to tip over or a flame visibility test for gel
fuel so that the flame would be more apparent.
4. What are the potential costs to manufacturers of labeling or
performance requirements?
5. What are the potential benefits of a rule that would require
warnings or instructions?
6. What are the potential benefits of a rule that would establish
performance requirements for firepots, gel fuel, and/or gel fuel
containers?
7. What is the potential economic impact of banning firepots and/or
gel fuel? What alternative products would remain available?
8. What is the potential impact of a rule on small entities?
9. What other uses exist for pourable gel fuels other than the
firepots covered by the ANPR and the fireplaces that are expressly not
covered by this ANPR? What is the potential impact on gel fuel sold for
stationary fireplaces of any rule?
10. Should pourable gel fuels ever be allowed to be used in open
containers or open flame applications that might allow for spillage or
splattering of gel fuels?
11. Do single-use cans of gel fuel present the same hazard as
pourable gel fuels? Should single-use cans be treated differently under
a rule?
Dated: December 20, 2011.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2011-32908 Filed 12-23-11; 8:45 am]
BILLING CODE 6355-01-P