Revision to Children's Gasoline Burn Prevention Act Regulation, 58728-58731 [2017-26954]

Download as PDF 58728 Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations conducted under a contract, grant, or cooperative agreement with a department, agency, or instrumentality of the U.S. government (or under a subcontract between the prime contractor of the department, agency, or instrumentality, and the person subject to paragraph (a)), with the approval of the FAA, or under an exemption issued by the FAA. The FAA will process requests for approval or exemption in a timely manner, with the order of preference being: First, for those operations in support of U.S. government-sponsored activities; second, for those operations in support of government-sponsored activities of a foreign country with the support of a U.S. government department, agency, or instrumentality; and third, for all other operations. (d) Emergency situations. In an emergency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this section to the extent required by that emergency. Except for U.S. air carriers and commercial operators that are subject to the requirements of 14 CFR part 119, 121, 125, or 135, each person who deviates from this section must, within 10 days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the nearest FAA Flight Standards District Office (FSDO) a complete report of the operations of the aircraft involved in the deviation, including a description of the deviation and the reasons for it. (e) Expiration. This SFAR will remain in effect until January 7, 2020. The FAA may amend, rescind, or extend this SFAR as necessary. Issued in Washington, DC, under the authority of 49 U.S.C. 106(f) and (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), on December 8, 2017. Michael P. Huerta, Administrator. [FR Doc. 2017–26903 Filed 12–13–17; 8:45 am] BILLING CODE 4910–13–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1460 sradovich on DSK3GMQ082PROD with RULES [Docket No. CPSC–2015–0006] Revision to Children’s Gasoline Burn Prevention Act Regulation Consumer Product Safety Commission. ACTION: Direct final rule. AGENCY: The Children’s Gasoline Burn Prevention Act (CGBPA or the Act) SUMMARY: VerDate Sep<11>2014 15:57 Dec 13, 2017 Jkt 244001 adopted as a consumer product safety rule, the child-resistance requirements for closures on portable gasoline containers published in the ASTM voluntary standard, Standard Specification for Determination of Child Resistance of Portable Fuel Containers for Consumer Use, ASTM F2517–05. ASTM F2517 was revised in 2015. These revisions became law under the Act, which the Commission codified through a direct final rule in 2015. On November 13, 2017, the Commission received notice from ASTM that a revision to ASTM F2517 was published in November 2017. In this direct final rule the Commission reviews and evaluates the revised ASTM F2517, finding that the revisions carry out the purposes of the CGBPA’s requirements. Accordingly, the 2017 revisions to the child-resistance requirements will be automatically incorporated and apply as the statutorily mandated standard for closures on portable gasoline containers. This direct final rule updates the Commission’s regulation to reflect that the requirements for closures on portable gasoline containers must meet the requirements in ASTM F2517–17. DATES: This rule will be effective on January 12, 2018, unless the Commission receives significant adverse comment by December 28, 2017. If we receive timely significant adverse comments, we will publish notification in the Federal Register withdrawing this direct final rule. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of January 12, 2018. ADDRESSES: You may submit comments, identified by Docket No. CPSC–2015– 0006, by any of the following methods: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: http:// www.regulations.gov. Follow the instructions for submitting comments. The Commission does not accept comments submitted by electronic mail (email), except through www.regulations.gov. The Commission encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above. Written Submissions: Submit written comments (paper, disk, or CD–ROM submissions) by mail/hand delivery/ courier 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 notice. All PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted in writing. FOR FURTHER INFORMATION CONTACT: John Boja, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814–4408; telephone (301) 504–7300; jboja@cpsc.gov. SUPPLEMENTARY INFORMATION: I. Background The Children’s Gasoline Burn Prevention Act. The CGBPA was enacted on July 17, 2008. The Act established as a consumer product safety rule ASTM International’s (ASTM) F2517–05’s child-resistance requirements for closures on portable gasoline containers. All portable gasoline containers manufactured on or after January 17, 2009 for sale to consumers in the United States must conform to ASTM F2517’s childresistance requirements. By mandating closures that resist access by children up to 51 months of age (4 years and 3 months), the Act seeks to reduce hazards to children, including children ingesting gasoline and inhaling gasoline fumes, and the risk of burns from fires and explosions that may occur when children access gasoline stored in portable gasoline containers. The Act did not require the Commission to undertake any action for the Act’s provisions to take effect; rather, ASTM 2715–05’s child-resistance requirements were made mandatory through operation of law. The Children’s Gasoline Burn Prevention Act, Public Law 110–278; 122 Stat. 2602, Sec. 2(b) (July 17, 2008), codified as a note to 15 U.S.C. 2056. CGBPA Provisions Regarding Updates to ASTM F2517. Under the Act, ASTM must notify the Commission of any revision to the child-resistance requirements for closures contained in ASTM F2517. Once ASTM notifies the CPSC of ASTM’s revisions to this voluntary standard, the revisions will be incorporated by operation of law and will become the consumer product safety standard within 60 days after such notice. However, the Commission can prevent such incorporation if the Commission determines that revisions to the voluntary standard do not carry E:\FR\FM\14DER1.SGM 14DER1 Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES out the purposes of the child-resistance requirements for closures on portable gasoline containers as specified in ASTM F2517, and so notifies ASTM. On February 11, 2015, ASTM gave notice to CPSC of revisions to ASTM F2517–05. The revised standard was designated as ASTM F2517–15. The Commission determined that the revisions to the voluntary standard stated in ASTM F2517–15 carried out the purposes of the child-resistance requirements for closures on portable gasoline containers. Accordingly, by operation of law, the revisions became effective 60 days after February 11, 2015, on April 13, 2015. So that the Code of Federal Regulations would include the standard, the Commission published a direct final rule, 80 FR 16961 (March 31, 2015), codifying the Commission’s incorporation by reference of ASTM F2517–15 at 16 CFR part 1460. 2017 Revisions to ASTM F2517. On November 13, 2017, ASTM notified the Commission that it has again revised ASTM F2517. On October 1, 2017, ASTM approved publication of ASTM F2517–17, and published the standard in November 2017. Unless the Commission determines that the revisions to ASTM F2517–17 fail to carry out the purposes of the childresistance requirements for closures on portable gasoline containers specified in ASTM F2517, and notifies ASTM of this determination, the revisions to ASTM F2517 become a mandatory consumer product safety standard by operation of law, effective January 12, 2018. As set forth in this preamble, the Commission has determined that the revisions made to ASTM F2517 carry out the purposes of the child-resistance requirements for closures on portable gasoline containers. Accordingly, by operation of law, the requirements for closures on portable gasoline containers, as specified in ASTM F2517–17, are mandatory for all such containers sold or imported into the United States that were manufactured on or after January 12, 2018. To provide clarity to the regulated industry, the Commission will revise our regulation at 16 CFR part 1460 to reflect the incorporation by reference of this revised voluntary standard. II. Description of the Rule The rule codifies the child-resistance requirements for closures on portable gasoline containers as stated in ASTM F2517–17. These requirements are mandatory effective January 12, 2018. The Commission is publishing this direct final rule incorporating by reference ASTM F2517–17 so that the VerDate Sep<11>2014 15:57 Dec 13, 2017 Jkt 244001 Code of Federal Regulations will reflect the current version of this mandatory standard. Revisions to ASTM F2517 in the 2017 update increase the stringency of the testing requirements or refine the testing environment to aid in test reliability. These changes are described in more detail in the Staff’s Briefing Memorandum.1 Changes to the voluntary standard include: • Reducing the amount of water required in a tested container from a half-filled container to a quarter-filled container. Decreasing the amount of liquid required for the test makes the container weigh less, increasing the likelihood that children are able to manipulate a container to access the liquid. • For containers with multiple closures, removing the requirement to seal off closures not being tested. Manufacturers report that children are distracted by sealing mechanisms on closures not being tested. Accordingly, this revision removes the distraction and focuses the children’s attention on attempting to open, or ‘‘get the liquid out’’ of the closure being tested. Although children are instructed to try and open one closure at a time on the container, the test is strengthened by failing a container if a child is able to access liquid from any closure during testing. • Adding requirements to measure and document the torque needed to secure a closure. Currently, the standard requires testing on new portable gasoline containers that have not been exposed to fuel or residue. ASTM members are concerned that degradation of a portable gasoline container could occur after exposure to fuel, which may affect the torque value of the childresistant closures. This requirement is intended to aid in consideration of a future provision that would limit the change in torque value after exposure to fuel. • Clarifying test instructions and requirements to remove possible ambiguities in the test procedure. ASTM F2517–17 adds information and instructions regarding how manufacturers should seek consent for testing children at daycare facilities. The revised standard also updates instructions given to the children during testing to reflect newer child resistant closure technology that does not necessarily ‘‘open’’ in the traditional sense. Children are now instructed: 1 Staff Briefing Memorandum available at https:// www.cpsc.gov/s3fs-public/ChildrensGasolineBurn PreventionActRegulation.pdf?OrMoO3W9UP6IAQT 1mSA5JLORRPgJA_n9. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 58729 ‘‘Please try to open this for me or get the liquid out.’’ • Allowing the option to use central location testing. Previously, testing was primarily conducted at daycare facilities. Manufacturers expressed frustration with the decreasing number of daycare facilities willing to participate in testing portable gasoline containers. ASTM F2517–17 allows the option to conduct testing at a central location, providing a more feasible testing venue and allowing the industry to continue to develop newer child-safe products. Additionally, a new Appendix to ASTM F2517–17 provides nonmandatory recommendations for laboratory testing procedures that are intended to prevent fraud in testing. After reviewing the changes to the child-resistance requirements in F2517– 17, as outlined above, the Commission determines that the revised standard carries out the purposes of the Act for closures on portable gasoline containers. Each revision increases the stringency of the testing requirements or refines the testing environment to aid in test reliability. Accordingly, the 2017 revisions to the child-resistance requirements of ASTM F2517 will be incorporated into the CPSC mandatory rule, as provided in the Act. However, because the scope of the consumer product safety rule is established by the CGBPA, this rule does not incorporate by reference the scope section of ASTM F2517–17 or Appendix X2 that relates to the scope section of ASTM F2517–17. III. Direct Final Rule The Commission is issuing this rule as a direct final rule. The Administrative Procedure Act (APA) generally requires notice and comment rulemaking except when the agency, for good cause, finds that notice and public procedure are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ The Administrative Conference of the United States (ACUS) endorsed direct final rulemaking as an appropriate procedure to expedite promulgation of rules that are noncontroversial and that are not expected to generate significant adverse comment. ACUS also recommended using direct final rulemaking when an agency concludes that notice and comment is ‘‘unnecessary’’ under the APA’s good cause exemption. See ACUS, Recommendation, 95–4, 60 FR 43108, 43110 (August 18, 1995). This rule will revise the reference at 16 CFR part 1460 to refer to ASTM F2517–17, which will be in full force and effect by operation of law on January 12, 2018. In these circumstances, where the substantive E:\FR\FM\14DER1.SGM 14DER1 58730 Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES requirements are mandated by statute and become effective under the statute, public comment on updating the reference to the ASTM standard serves little purpose. Moreover, we do not expect that updating the reference would be controversial or result in significant adverse comment. As a result, the Commission believes that a direct final rule codifying the revised standard in these circumstances is appropriate. Unless we receive a significant adverse comment by December 28, 2017, the rule will become effective on January 12, 2018. In accordance with ACUS’s recommendation, the Commission considers a significant adverse comment to be one in which the commenter explains why the rule would be inappropriate, including an assertion challenging the rule’s underlying premise or approach, or a claim that the rule would be ineffective or unacceptable without change. Should the Commission receive a significant adverse comment, the Commission would withdraw this direct final rule. Depending on the comments and other circumstances, the Commission may then incorporate the adverse comment into a subsequent direct final rule or publish a notice of proposed rulemaking providing an opportunity for public comment. Commission receives a significant adverse comment by December 28, 2017, the rule will become effective on January 12, 2018. Portable gasoline containers manufactured or imported on or after January 12, 2018 must comply with the child-resistance requirements for closures on portable gasoline containers in ASTM F2517–17. IV. Incorporation by Reference Section 1460.3 of the final rule provides that closures on portable gasoline containers must comply with the child-resistance requirements of ASTM F2517–17. The Office of the Federal Register (OFR) has regulations concerning incorporation by reference. 1 CFR part 51. The OFR’s regulation requires that, for a final rule, agencies must discuss in the rule’s preamble ways that the materials the agency incorporates by reference are reasonably available to interested persons and how interested parties can obtain the materials. In addition, the preamble to the rule must summarize the material. 1 CFR 51.5(b). In accordance with the OFR’s requirements, section II of this preamble summarizes the provisions of ASTM F2517–17. Interested persons may purchase a copy of ASTM F2517–17 from ASTM, either through ASTM’s website or by mail at the address provided in the rule. One may also inspect a copy of the standard at the CPSC’s Office of the Secretary, U.S. Consumer Product Safety Commission. B. Environmental Considerations The Commission’s regulations provide a categorical exclusion for the Commission’s rules from any requirement to prepare an environmental assessment or an environmental impact statement because they ‘‘have little or no potential for affecting the human environment.’’ 16 CFR 1021.5(c)(2). This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. V. Effective Date As discussed in the preceding section, this is a direct final rule. Unless the VerDate Sep<11>2014 15:57 Dec 13, 2017 Jkt 244001 VI. Other Relevant Statutory Provisions A. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the APA or any other statutes unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. 5 U.S.C. 603 and 605. This rule updates the reference in part 1460 to reflect requirements in the revised voluntary standard, ASTM F2517–17, that will take effect through operation of law, as specified in the CGBPA. Because the rule does not impose any requirements beyond those put in place by the CGBPA, the rule does not create new substantive obligations for any entity, including any small entity. Accordingly, the Commission certifies that the rule will not have a significant impact on a substantial number of small entities. C. Paperwork Reduction Act This direct final rule contains no collection of information. Therefore, clearance by the Office of Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) is not required. VII. Preemption Section 26(a) of the Consumer Product Safety Act (CPSA), 15 U.S.C. 2075(a), provides that where a ‘‘consumer product safety standard under [the CPSA]’’ is in effect and applies to a product, no state or political subdivision of a state may either establish or continue in effect a requirement dealing with the same risk PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 of injury unless the state requirement is identical to the federal standard. As discussed above, under the CGBPA, the child-resistance requirements of ASTM F2517 are a consumer product safety standard under the CPSA. Children’s Gasoline Burn Prevention Act, Public Law 110–278, Sec. 2(a) (July 17, 2008). The child-resistance requirements of ASTM F2517–17, which will be codified under this rule, will invoke the preemptive effect of section 26(a) of the CPSA. VIII. Certification Section 14(a) of the CPSA requires that products subject to a consumer product safety rule under the CPSA, or to a similar rule, ban, standard, or regulation under any other act enforced by the Commission, be certified as complying with all applicable CPSC requirements. 15 U.S.C. 2063(a). Such certification must be based on a test of each product, or on a reasonable testing program. Because ASTM F2517–17 is a consumer product safety rule under the CPSA, portable gasoline containers manufactured or imported on or after January 12, 2018, are subject to the testing and certification requirements of section 14 of the CPSA with respect to ASTM F2517–17. List of Subjects in 16 CFR Part 1460 Consumer protection, Gasoline, Incorporation by reference, Safety. For the reasons stated above, the Commission amends 16 CFR part 1460 as follows: PART 1460—CHILDREN’S GASOLINE BURN PREVENTION ACT REGULATION 1. The authority citation for part 1460 continues to read as follows: ■ Authority: Sec. 2, Pub. L. 110–278, 122 Stat. 2602. ■ 2. Revise § 1460.3 to read as follows: § 1460.3 Requirements for child-resistance for closures on portable gasoline containers. Each portable gasoline container manufactured on or after January 12, 2018 for sale in the United States shall conform to the child-resistance requirements for closures on portable gasoline containers specified in sections 2 through 6 of ASTM F2517–17 (including Appendices X1, X3, and X4), Standard Specification for Determination of Child Resistance of Portable Fuel Containers for Consumer Use, approved on October 1, 2017. The Director of the Federal Register approves the incorporation by reference listed in this section in accordance with E:\FR\FM\14DER1.SGM 14DER1 Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of these ASTM standards from ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428–2959 USA; telephone: 610–832–9585; http:// www.astm.org/. You may inspect copies at the Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone 301– 504–7923, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741– 6030, or go to: www.archives.gov/ federal-register/cfr/ibr-locations.html. Alberta E. Mills, Acting Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2017–26954 Filed 12–13–17; 8:45 am] BILLING CODE 6355–01–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 229, 232, 239 and 249 [Release Nos. 33–10446; 34–82280; File No. S7–19–16] RIN 3235–AL95 Compliance Date for Form 10–D Hyperlink Requirements Securities and Exchange Commission. ACTION: Notification of compliance date. AGENCY: The Securities and Exchange Commission (‘‘Commission’’) is publishing this document to inform the public that it has set a compliance date for its previously-adopted exhibit hyperlinking requirements for Form 10– Ds that require hyperlinks to any exhibits filed with Form ABS–EE. The Commission on March 1, 2017 required registrants that file registration statements and reports subject to the exhibit requirements under Item 601 of Regulation S–K, or that file Forms F–10 or 20–F, to include a hyperlink to each exhibit listed in the exhibit index of these filings, but deferred setting a compliance date with respect to any Form 10–D that will require hyperlinks to any exhibits filed with Form ABS–EE until the Commission announced that technical programming changes to allow issuers to include Form 10–D and Form ABS–EE in a single submission had been completed, and published a notification of the compliance date for Form 10–D in the Federal Register. DATES: The compliance date with respect to any Form 10–D that will sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:57 Dec 13, 2017 Jkt 244001 require hyperlinks to any exhibits filed with Form ABS–EE is June 1, 2018. FOR FURTHER INFORMATION CONTACT: Kayla Roberts, Special Counsel, at (202) 551–3850, in the Office of Structured Finance, Division of Corporation Finance, U.S. Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549. SUPPLEMENTARY INFORMATION: On March 1, 2017, the Commission adopted rule and form amendments requiring registrants that file registration statements and reports subject to the exhibit requirements under Item 601 of Regulation S–K,1 or that file Forms F– 10 2 or 20–F,3 to include a hyperlink to each exhibit listed in the exhibit index of these filings.4 To enable the inclusion of hyperlinks, the amendments also require that registrants submit all filings on EDGAR in HyperText Markup Language (‘‘HTML’’) format because the American Standard Code for Information Interchange (‘‘ASCII’’) format cannot support functional hyperlinks.5 The amendments took effect on September 1, 2017 for most registrants. Registrants that are ‘‘smaller reporting companies,’’ as defined in Rule 405 6 under the Securities Act of 1933 and Rule 12b–2 7 under the Securities Exchange Act of 1934, or are neither ‘‘large accelerated filers’’ nor ‘‘accelerated filers,’’ as defined in Exchange Act Rule 12b–2, and that submit filings in ASCII will not need to comply with the new rules until September 1, 2018, one year after the effective date for other filers.8 The Commission deferred establishing a compliance date for any Form 10–D filing that will require a hyperlink to an exhibit filed with Form ABS–EE until Commission staff completed programming changes to EDGAR to allow Form 10–D filers to include the Form 10–D and Form ABS–EE in a single EDGAR submission so that the required hyperlinks could be created at the time the Form 10–D is filed.9 Such 1 17 CFR 229.601. CFR 239.40. 3 17 CFR 249.220f 4 Exhibit Hyperlinks and HTML Format, Release Nos. 33–10322, 34–80132 (March 1, 2017) [82 FR 14130 (March 17, 2017)] (‘‘Hyperlinks Release’’). 5 See id. at Section I. 6 17 CFR 230.405. 7 17 CFR 240.12b–2. 8 See Hyperlinks Release, supra note 1, at Section II.B.3. 9 See Hyperlinks Release, supra note 1, at n. 55 (explaining that asset-backed issuers are required to incorporate by reference Form ABS–EE information in Form 10–D and how the hyperlinking requirement applies with respect to Form 10–D filings) & n.72 and accompanying text. 2 17 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 58731 programming changes have now been completed.10 Any registrant filing a Form 10–D on or after June 1, 2018, must include a hyperlink to any exhibit filed with Form ABS–EE that is included in the exhibit index of Form 10–D.11 By the Commission. Dated: December 11, 2017. Brent J. Fields, Secretary. [FR Doc. 2017–26982 Filed 12–13–17; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 232, 239, 249, 270, and 274 [Release Nos. 33–10442; 34–82241; IC– 32936; File No. S7–08–15] RIN 3235–AL42 Investment Company Reporting Modernization Securities and Exchange Commission. ACTION: Temporary final rule. AGENCY: The Securities and Exchange Commission (the ‘‘Commission’’) is adopting a temporary final rule that requires funds in larger fund groups to maintain in their records the information that is required to be included in Form N–PORT, in lieu of filing reports with the Commission, until April 2019. As a result, larger funds groups will be required to begin submitting reports on Form N–PORT on the Electronic Data Gathering, Analysis, and Retrieval (‘‘EDGAR’’) system by April 30, 2019, and smaller fund groups will be required to begin submitting reports on Form N–PORT by April 30, 2020. The information that funds in larger fund groups maintain in their records will be subject to examination by the Commission. In addition, the Commission is delaying the rescission of current Form N–Q and delaying the effectiveness of certain amendments to other rules and forms. DATES: Effective January 16, 2018 until March 31, 2026. The effective date for the amendments to 17 CFR 232.401, 249.332, 270.8b–33, 270.30a–2, SUMMARY: 10 Adoption of Updated EDGAR Manual, Release No. 33–10444, (December 8, 2017), available at https://www.sec.gov/rules/final.shtml. 11 Issuers are not required to submit their Form 10–D and Form ABS–EE in a single submission. An issuer may file a Form 10–D and Form ABS–EE in separate submissions and comply with the new requirements by including an external hyperlink in the Form 10–D to a previously filed Form ABS–EE. E:\FR\FM\14DER1.SGM 14DER1

Agencies

[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Pages 58728-58731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26954]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1460

[Docket No. CPSC-2015-0006]


Revision to Children's Gasoline Burn Prevention Act Regulation

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Children's Gasoline Burn Prevention Act (CGBPA or the Act) 
adopted as a consumer product safety rule, the child-resistance 
requirements for closures on portable gasoline containers published in 
the ASTM voluntary standard, Standard Specification for Determination 
of Child Resistance of Portable Fuel Containers for Consumer Use, ASTM 
F2517-05. ASTM F2517 was revised in 2015. These revisions became law 
under the Act, which the Commission codified through a direct final 
rule in 2015. On November 13, 2017, the Commission received notice from 
ASTM that a revision to ASTM F2517 was published in November 2017. In 
this direct final rule the Commission reviews and evaluates the revised 
ASTM F2517, finding that the revisions carry out the purposes of the 
CGBPA's requirements. Accordingly, the 2017 revisions to the child-
resistance requirements will be automatically incorporated and apply as 
the statutorily mandated standard for closures on portable gasoline 
containers. This direct final rule updates the Commission's regulation 
to reflect that the requirements for closures on portable gasoline 
containers must meet the requirements in ASTM F2517-17.

DATES: This rule will be effective on January 12, 2018, unless the 
Commission receives significant adverse comment by December 28, 2017. 
If we receive timely significant adverse comments, we will publish 
notification in the Federal Register withdrawing this direct final 
rule. The incorporation by reference of the publication listed in this 
rule is approved by the Director of the Federal Register as of January 
12, 2018.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2015-
0006, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. The Commission does not accept 
comments submitted by electronic mail (email), except through 
www.regulations.gov. The Commission encourages you to submit electronic 
comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written comments (paper, disk, or CD-
ROM submissions) by mail/hand delivery/courier 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 notice. All comments received may be posted 
without change, including any personal identifiers, contact 
information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
that you do not want to be available to the public. If furnished at 
all, such information should be submitted in writing.

FOR FURTHER INFORMATION CONTACT: John Boja, Office of Compliance and 
Field Operations, Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814-4408; telephone (301) 504-7300; 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Children's Gasoline Burn Prevention Act. The CGBPA was enacted 
on July 17, 2008. The Act established as a consumer product safety rule 
ASTM International's (ASTM) F2517-05's child-resistance requirements 
for closures on portable gasoline containers. All portable gasoline 
containers manufactured on or after January 17, 2009 for sale to 
consumers in the United States must conform to ASTM F2517's child-
resistance requirements. By mandating closures that resist access by 
children up to 51 months of age (4 years and 3 months), the Act seeks 
to reduce hazards to children, including children ingesting gasoline 
and inhaling gasoline fumes, and the risk of burns from fires and 
explosions that may occur when children access gasoline stored in 
portable gasoline containers. The Act did not require the Commission to 
undertake any action for the Act's provisions to take effect; rather, 
ASTM 2715-05's child-resistance requirements were made mandatory 
through operation of law. The Children's Gasoline Burn Prevention Act, 
Public Law 110-278; 122 Stat. 2602, Sec. 2(b) (July 17, 2008), codified 
as a note to 15 U.S.C. 2056.
    CGBPA Provisions Regarding Updates to ASTM F2517. Under the Act, 
ASTM must notify the Commission of any revision to the child-resistance 
requirements for closures contained in ASTM F2517. Once ASTM notifies 
the CPSC of ASTM's revisions to this voluntary standard, the revisions 
will be incorporated by operation of law and will become the consumer 
product safety standard within 60 days after such notice. However, the 
Commission can prevent such incorporation if the Commission determines 
that revisions to the voluntary standard do not carry

[[Page 58729]]

out the purposes of the child-resistance requirements for closures on 
portable gasoline containers as specified in ASTM F2517, and so 
notifies ASTM.
    On February 11, 2015, ASTM gave notice to CPSC of revisions to ASTM 
F2517-05. The revised standard was designated as ASTM F2517-15. The 
Commission determined that the revisions to the voluntary standard 
stated in ASTM F2517-15 carried out the purposes of the child-
resistance requirements for closures on portable gasoline containers. 
Accordingly, by operation of law, the revisions became effective 60 
days after February 11, 2015, on April 13, 2015. So that the Code of 
Federal Regulations would include the standard, the Commission 
published a direct final rule, 80 FR 16961 (March 31, 2015), codifying 
the Commission's incorporation by reference of ASTM F2517-15 at 16 CFR 
part 1460.
    2017 Revisions to ASTM F2517. On November 13, 2017, ASTM notified 
the Commission that it has again revised ASTM F2517. On October 1, 
2017, ASTM approved publication of ASTM F2517-17, and published the 
standard in November 2017. Unless the Commission determines that the 
revisions to ASTM F2517-17 fail to carry out the purposes of the child-
resistance requirements for closures on portable gasoline containers 
specified in ASTM F2517, and notifies ASTM of this determination, the 
revisions to ASTM F2517 become a mandatory consumer product safety 
standard by operation of law, effective January 12, 2018.
    As set forth in this preamble, the Commission has determined that 
the revisions made to ASTM F2517 carry out the purposes of the child-
resistance requirements for closures on portable gasoline containers. 
Accordingly, by operation of law, the requirements for closures on 
portable gasoline containers, as specified in ASTM F2517-17, are 
mandatory for all such containers sold or imported into the United 
States that were manufactured on or after January 12, 2018. To provide 
clarity to the regulated industry, the Commission will revise our 
regulation at 16 CFR part 1460 to reflect the incorporation by 
reference of this revised voluntary standard.

II. Description of the Rule

    The rule codifies the child-resistance requirements for closures on 
portable gasoline containers as stated in ASTM F2517-17. These 
requirements are mandatory effective January 12, 2018. The Commission 
is publishing this direct final rule incorporating by reference ASTM 
F2517-17 so that the Code of Federal Regulations will reflect the 
current version of this mandatory standard.
    Revisions to ASTM F2517 in the 2017 update increase the stringency 
of the testing requirements or refine the testing environment to aid in 
test reliability. These changes are described in more detail in the 
Staff's Briefing Memorandum.\1\ Changes to the voluntary standard 
include:
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    \1\ Staff Briefing Memorandum available at https://www.cpsc.gov/s3fs-public/ChildrensGasolineBurnPreventionActRegulation.pdf?OrMoO3W9UP6IAQT1mSA5JLORRPgJA_n9.
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     Reducing the amount of water required in a tested 
container from a half-filled container to a quarter-filled container. 
Decreasing the amount of liquid required for the test makes the 
container weigh less, increasing the likelihood that children are able 
to manipulate a container to access the liquid.
     For containers with multiple closures, removing the 
requirement to seal off closures not being tested. Manufacturers report 
that children are distracted by sealing mechanisms on closures not 
being tested. Accordingly, this revision removes the distraction and 
focuses the children's attention on attempting to open, or ``get the 
liquid out'' of the closure being tested. Although children are 
instructed to try and open one closure at a time on the container, the 
test is strengthened by failing a container if a child is able to 
access liquid from any closure during testing.
     Adding requirements to measure and document the torque 
needed to secure a closure. Currently, the standard requires testing on 
new portable gasoline containers that have not been exposed to fuel or 
residue. ASTM members are concerned that degradation of a portable 
gasoline container could occur after exposure to fuel, which may affect 
the torque value of the child-resistant closures. This requirement is 
intended to aid in consideration of a future provision that would limit 
the change in torque value after exposure to fuel.
     Clarifying test instructions and requirements to remove 
possible ambiguities in the test procedure. ASTM F2517-17 adds 
information and instructions regarding how manufacturers should seek 
consent for testing children at daycare facilities. The revised 
standard also updates instructions given to the children during testing 
to reflect newer child resistant closure technology that does not 
necessarily ``open'' in the traditional sense. Children are now 
instructed: ``Please try to open this for me or get the liquid out.''
     Allowing the option to use central location testing. 
Previously, testing was primarily conducted at daycare facilities. 
Manufacturers expressed frustration with the decreasing number of 
daycare facilities willing to participate in testing portable gasoline 
containers. ASTM F2517-17 allows the option to conduct testing at a 
central location, providing a more feasible testing venue and allowing 
the industry to continue to develop newer child-safe products. 
Additionally, a new Appendix to ASTM F2517-17 provides non-mandatory 
recommendations for laboratory testing procedures that are intended to 
prevent fraud in testing.
    After reviewing the changes to the child-resistance requirements in 
F2517-17, as outlined above, the Commission determines that the revised 
standard carries out the purposes of the Act for closures on portable 
gasoline containers. Each revision increases the stringency of the 
testing requirements or refines the testing environment to aid in test 
reliability. Accordingly, the 2017 revisions to the child-resistance 
requirements of ASTM F2517 will be incorporated into the CPSC mandatory 
rule, as provided in the Act. However, because the scope of the 
consumer product safety rule is established by the CGBPA, this rule 
does not incorporate by reference the scope section of ASTM F2517-17 or 
Appendix X2 that relates to the scope section of ASTM F2517-17.

III. Direct Final Rule

    The Commission is issuing this rule as a direct final rule. The 
Administrative Procedure Act (APA) generally requires notice and 
comment rulemaking except when the agency, for good cause, finds that 
notice and public procedure are ``impracticable, unnecessary, or 
contrary to the public interest.'' The Administrative Conference of the 
United States (ACUS) endorsed direct final rulemaking as an appropriate 
procedure to expedite promulgation of rules that are noncontroversial 
and that are not expected to generate significant adverse comment. ACUS 
also recommended using direct final rulemaking when an agency concludes 
that notice and comment is ``unnecessary'' under the APA's good cause 
exemption. See ACUS, Recommendation, 95-4, 60 FR 43108, 43110 (August 
18, 1995).
    This rule will revise the reference at 16 CFR part 1460 to refer to 
ASTM F2517-17, which will be in full force and effect by operation of 
law on January 12, 2018. In these circumstances, where the substantive

[[Page 58730]]

requirements are mandated by statute and become effective under the 
statute, public comment on updating the reference to the ASTM standard 
serves little purpose. Moreover, we do not expect that updating the 
reference would be controversial or result in significant adverse 
comment. As a result, the Commission believes that a direct final rule 
codifying the revised standard in these circumstances is appropriate.
    Unless we receive a significant adverse comment by December 28, 
2017, the rule will become effective on January 12, 2018. In accordance 
with ACUS's recommendation, the Commission considers a significant 
adverse comment to be one in which the commenter explains why the rule 
would be inappropriate, including an assertion challenging the rule's 
underlying premise or approach, or a claim that the rule would be 
ineffective or unacceptable without change. Should the Commission 
receive a significant adverse comment, the Commission would withdraw 
this direct final rule. Depending on the comments and other 
circumstances, the Commission may then incorporate the adverse comment 
into a subsequent direct final rule or publish a notice of proposed 
rulemaking providing an opportunity for public comment.

IV. Incorporation by Reference

    Section 1460.3 of the final rule provides that closures on portable 
gasoline containers must comply with the child-resistance requirements 
of ASTM F2517-17. The Office of the Federal Register (OFR) has 
regulations concerning incorporation by reference. 1 CFR part 51. The 
OFR's regulation requires that, for a final rule, agencies must discuss 
in the rule's preamble ways that the materials the agency incorporates 
by reference are reasonably available to interested persons and how 
interested parties can obtain the materials. In addition, the preamble 
to the rule must summarize the material. 1 CFR 51.5(b).
    In accordance with the OFR's requirements, section II of this 
preamble summarizes the provisions of ASTM F2517-17. Interested persons 
may purchase a copy of ASTM F2517-17 from ASTM, either through ASTM's 
website or by mail at the address provided in the rule. One may also 
inspect a copy of the standard at the CPSC's Office of the Secretary, 
U.S. Consumer Product Safety Commission.

V. Effective Date

    As discussed in the preceding section, this is a direct final rule. 
Unless the Commission receives a significant adverse comment by 
December 28, 2017, the rule will become effective on January 12, 2018. 
Portable gasoline containers manufactured or imported on or after 
January 12, 2018 must comply with the child-resistance requirements for 
closures on portable gasoline containers in ASTM F2517-17.

VI. Other Relevant Statutory Provisions

A. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the APA or any other 
statutes unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
5 U.S.C. 603 and 605. This rule updates the reference in part 1460 to 
reflect requirements in the revised voluntary standard, ASTM F2517-17, 
that will take effect through operation of law, as specified in the 
CGBPA. Because the rule does not impose any requirements beyond those 
put in place by the CGBPA, the rule does not create new substantive 
obligations for any entity, including any small entity. Accordingly, 
the Commission certifies that the rule will not have a significant 
impact on a substantial number of small entities.

B. Environmental Considerations

    The Commission's regulations provide a categorical exclusion for 
the Commission's rules from any requirement to prepare an environmental 
assessment or an environmental impact statement because they ``have 
little or no potential for affecting the human environment.'' 16 CFR 
1021.5(c)(2). This rule falls within the categorical exclusion, so no 
environmental assessment or environmental impact statement is required.

C. Paperwork Reduction Act

    This direct final rule contains no collection of information. 
Therefore, clearance by the Office of Management and Budget under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) is not required.

VII. Preemption

    Section 26(a) of the Consumer Product Safety Act (CPSA), 15 U.S.C. 
2075(a), provides that where a ``consumer product safety standard under 
[the CPSA]'' is in effect and applies to a product, no state or 
political subdivision of a state may either establish or continue in 
effect a requirement dealing with the same risk of injury unless the 
state requirement is identical to the federal standard. As discussed 
above, under the CGBPA, the child-resistance requirements of ASTM F2517 
are a consumer product safety standard under the CPSA. Children's 
Gasoline Burn Prevention Act, Public Law 110-278, Sec. 2(a) (July 17, 
2008). The child-resistance requirements of ASTM F2517-17, which will 
be codified under this rule, will invoke the preemptive effect of 
section 26(a) of the CPSA.

VIII. Certification

    Section 14(a) of the CPSA requires that products subject to a 
consumer product safety rule under the CPSA, or to a similar rule, ban, 
standard, or regulation under any other act enforced by the Commission, 
be certified as complying with all applicable CPSC requirements. 15 
U.S.C. 2063(a). Such certification must be based on a test of each 
product, or on a reasonable testing program. Because ASTM F2517-17 is a 
consumer product safety rule under the CPSA, portable gasoline 
containers manufactured or imported on or after January 12, 2018, are 
subject to the testing and certification requirements of section 14 of 
the CPSA with respect to ASTM F2517-17.

List of Subjects in 16 CFR Part 1460

    Consumer protection, Gasoline, Incorporation by reference, Safety.

    For the reasons stated above, the Commission amends 16 CFR part 
1460 as follows:

PART 1460--CHILDREN'S GASOLINE BURN PREVENTION ACT REGULATION

0
1. The authority citation for part 1460 continues to read as follows:

    Authority: Sec. 2, Pub. L. 110-278, 122 Stat. 2602.


0
2. Revise Sec.  1460.3 to read as follows:


Sec.  1460.3   Requirements for child-resistance for closures on 
portable gasoline containers.

    Each portable gasoline container manufactured on or after January 
12, 2018 for sale in the United States shall conform to the child-
resistance requirements for closures on portable gasoline containers 
specified in sections 2 through 6 of ASTM F2517-17 (including 
Appendices X1, X3, and X4), Standard Specification for Determination of 
Child Resistance of Portable Fuel Containers for Consumer Use, approved 
on October 1, 2017. The Director of the Federal Register approves the 
incorporation by reference listed in this section in accordance with

[[Page 58731]]

5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of these ASTM 
standards from ASTM International, 100 Barr Harbor Drive, PO Box C700, 
West Conshohocken, PA 19428-2959 USA; telephone: 610-832-9585; http://www.astm.org/. You may inspect copies at the Office of the Secretary, 
U.S. Consumer Product Safety Commission, Room 820, 4330 East West 
Highway, Bethesda, MD 20814, telephone 301-504-7923, or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.

Alberta E. Mills,
Acting Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2017-26954 Filed 12-13-17; 8:45 am]
 BILLING CODE 6355-01-P