Determinations Regarding Portable Fuel Container Voluntary Standards Under the Portable Fuel Container Safety Act, 2206-2210 [2022-28325]

Download as PDF 2206 Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority, as it amends airspace in Manassas, VA, to support IFR operations in the area. This update is administrative change and does not change the airspace boundaries or operating requirements. Availability and Summary of Documents for Incorporation by Reference This document amends FAA Order JO 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022. FAA Order JO 7400.11G is publicly available as listed in the ADDRESSES section of this document. FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. lotter on DSK11XQN23PROD with RULES1 The Rule This amendment to 14 CFR part 71 amends the Class D airspace and Class E surface airspace at Manassas Regional Airport/Harry P. Davis Field, Manassas, VA., by updating the geographic coordinates of the airport to coincide with the FAA’s aeronautical database. In addition, this action makes the editorial changes replacing the term Notice to Airmen with Notice to Air Missions and replacing the term Airport/Facility Directory with Chart Supplement. This action is an administrative change and does not affect the airspace boundaries or operating requirements; therefore, notice and public procedure under 5 U.S.C. 553(b) are unnecessary. FAA Order JO 7400.11, Airspace Designations and Reporting Points is published yearly and effective on September 15. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 VerDate Sep<11>2014 16:24 Jan 12, 2023 Jkt 259001 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 5–6.5. a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022, is amended as follows: ■ Paragraph 5000 Class D Airspace. * * * * * AEA VA D Manassas, VA [Amended] Manassas Regional Airport/Harry P. Davis Field, VA (Lat. 38°43′16″ N, long. 77°30′54″ W) That airspace extending upward from the surface to but not including 2,000 feet MSL within a 5-mile radius of the Manassas Regional Airport/Harry P. Davis Field, excluding that airspace within the Washington Tri-Area Class B airspace area. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Air Missions. The effective date and time will thereafter be PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 continuously published in the Chart Supplement. Paragraph 6002 Class E Surface Airspace. * * * * * AEA VA E2 Manassas, VA [Amended] Manassas Regional Airport/Harry P. Davis Field, VA (Lat. 38°43′16″ N, long. 77°30′54″ W) That airspace extending upward from the surface to but not including 2,000 feet MSL within a 5-mile radius of the Manassas Regional Airport/Harry P. Davis Field, excluding that airspace within the Washington Tri-Area Class B airspace area. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Air Missions. The effective date and time will thereafter be continuously published in the Chart Supplement. Issued in College Park, Georgia, on January 5, 2023. Lisa E. Burrows, Manager, Airspace & Procedures Team North, Eastern Service Center, Air Traffic Organization. [FR Doc. 2023–00268 Filed 1–12–23; 8:45 am] BILLING CODE 4910–13–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Chapter II [Docket No. CPSC–2022–0017] Determinations Regarding Portable Fuel Container Voluntary Standards Under the Portable Fuel Container Safety Act Consumer Product Safety Commission. ACTION: Determinations. AGENCY: The Portable Fuel Container Safety Act of 2020 (PFCSA) provides that the Consumer Product Safety Commission (Commission) must promulgate a rule to require flame mitigation devices in portable fuel containers that impede the propagation of flame into the container, unless the Commission determines that there is a voluntary standard for flame mitigation devices that impedes the propagation of flame into the container. The Commission is announcing in this document that it has determined that such voluntary standards exist for all known classes of portable fuel containers. Therefore, the Commission will not be promulgating a final rule, and pursuant to the PFCSA, the requirements of such voluntary standards shall be treated as a consumer product safety rule under the Consumer Product Safety Act (CPSA). SUMMARY: E:\FR\FM\13JAR1.SGM 13JAR1 Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations The Commission determinations made under the PFCSA for ASTM F3429/F3429M–20, ASTM F3326–21, and section 18 of UL 30:2022 discussed in this document will be effective by operation of law as consumer product safety rules on July 12, 2023. FOR FURTHER INFORMATION CONTACT: Jennifer H. Colten, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814– 4408; telephone (301) 504–8165; jcolten@cpsc.gov. SUPPLEMENTARY INFORMATION: DATES: I. The Portable Fuel Container Safety Act of 2020 The PFCSA 1 requires the Commission to promulgate, not later than 30 months after December 27, 2020, a final rule to require flame mitigation devices in portable fuel containers that impede the propagation of flame into the container. 15 U.S.C. 2056d(b)(1), (2). However, the Commission is not required to promulgate a final rule for a class of portable fuel containers within the scope of the PFCSA if the Commission determines at any time that: • There is a voluntary standard for flame mitigation devices for those containers that impedes the propagation of flame into the container; • The voluntary standard is or will be in effect not later than 18 months after the date of enactment of the PFCSA (i.e., June 27, 2022); and • The voluntary standard is developed by ASTM International or such other standard development organization that the Commission determines to have met the intent of the PFCSA. 15 U.S.C. 2056d(b)(3)(A). Any such Commission determinations regarding applicable voluntary standards must be published in the Federal Register. 15 U.S.C. 2056d(b)(3)(B). lotter on DSK11XQN23PROD with RULES1 II. Portable Fuel Container Voluntary Standards A. Background The PFCSA requires the Commission to promulgate a final rule to require flame mitigation devices on portable fuel containers by June 27, 2023. 15 U.S.C. 2056d(b)(1). The PFCSA provides an exception to the rulemaking requirement if the Commission determines that a voluntary standard for a class of portable fuel containers has requirements for flame mitigation 1 Portable Fuel Container Safety Act of 2020, codified at 15 U.S.C. 2056d, as stated Public Law 116–260, div. FF, title IX, section 901, available at: https://www.govinfo.gov/content/pkg/PLAW116publ260/pdf/PLAW-116publ260.pdf. VerDate Sep<11>2014 17:36 Jan 12, 2023 Jkt 259001 devices that impede the propagation of flames into the container. 15 U.S.C. 2056d(b)(3)(A). The Commission must publish any such determination in the Federal Register, and the requirements of such a voluntary standard ‘‘shall be treated as a consumer product safety rule.’’ 15 U.S.C. 2056d(b)(3)(B) and (b)(4). 1. Definition of Flame Mitigation Device The PFCSA does not define the term ‘‘flame mitigation device.’’ However, ASTM F3429, Standard Specification for Flame Mitigation Devices Installed in Disposable and Pre-Filled Flammable Liquid Containers, defines a ‘‘flame mitigation device’’ as ‘‘a device or feature attached to, installed in, or otherwise integral to, a container that is expected to inhibit the propagation of an external flame into the container.’’ A common type of flame mitigation device used with portable fuel containers is a flame arrestor (also known as flame arrester or flash arresting screen). A flame arrestor is a screen that quenches and cools a flame so that it cannot pass through the flame arrestor. Other examples of flame mitigation devices include, but are not limited to, expanded metal mesh, screens, bladders, pinhole restrictors, and pumps. 2. Statutory Definition of ‘‘Portable Fuel Container’’ The PFCSA defines the term ‘‘portable fuel container’’ to mean any container or vessel (including any spout, cap, and other closure mechanism or component of such container or vessel or any retrofit or aftermarket spout or component intended or reasonably anticipated to be for use with such container): • Intended for flammable liquid fuels with a flash point less than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels; • That is a consumer product with a capacity of 5 gallons or less; and • That the manufacturer knows or reasonably should know is used by consumers for transporting, storing, and dispensing flammable liquid fuels. 15 U.S.C. 2056d(b)(8). Some examples of portable fuel containers include portable gasoline containers and containers for cigarette lighter fluid, charcoal lighter fluid, and liquid fireplace fuel (such as firepot fuel). Products that store substances like liquified petroleum gas (‘‘LP gas,’’ commonly called ‘‘propane’’) are not within scope of the statutory definition of ‘‘portable fuel containers’’ because PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 2207 these substances are only liquid at high pressure, and when exposed to ambient conditions, readily vaporize. 3. Flame Jetting Hazard The principal hazards that flame mitigation devices protect against are flame jetting and container rupturing. ‘‘Flame jetting,’’ as defined in ASTM F3429, is a ‘‘phenomenon where an external ignition source causes a sudden ignition within a liquid container that directionally propels burning vapor and liquid from the mouth of the container.’’ Container rupturing is similar to flame jetting, except the burning vapor and liquid exit through a rupture in the container. The injury potential associated with each hazard is the same, severe burns and possible death. Flame jetting typically injures people other than the person holding the container, while container rupturing typically injures the person holding the container. In this notice, references to flame jetting also include container rupturing. B. Relevant Voluntary Standards The PFCSA allows the Commission to separate portable fuel containers into different classes. 15 U.S.C. 2056d(b)(3)(A). CPSC staff evaluated the specifications for many portable fuel containers and recommends separating portable fuel containers into two classes: containers sold pre-filled, and containers sold empty. Below are staff’s descriptions and assessments under the PFCSA of the relevant portable fuel container voluntary standards for containers sold pre-filled, and containers sold empty, which together, encompass all known classes of portable fuel containers. A more detailed description of staff’s assessment of the voluntary standards is available in staff’s memorandum.2 1. Containers Sold Pre-Filled Containers sold pre-filled are likely to be discarded by the consumer once the contents (the flammable liquid fuel) are completely used; whereas containers sold empty are specifically designed to be reused. Pre-filled containers and empty containers are used differently and have different product lifespans. The differences also mean that the flame mitigation devices will be subjected to different conditions that can affect 2 CPSC staff’s memorandum ‘‘Voluntary Standards Evaluation Under the Portable Fuel Container Safety Act of 2020’’ is available at: https://www.cpsc.gov/s3fs-public/Federal-RegisterNotice-Notice-of-Commission-DeterminationsRegarding-Voluntary-Standards-Under-thePortable-Fuel-Container-Safety-Act-of2020.pdf?VersionId= vhydmadrMn5PqRmgzmfLxhk80ddFo52E. E:\FR\FM\13JAR1.SGM 13JAR1 lotter on DSK11XQN23PROD with RULES1 2208 Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations performance over time, and therefore, requirements differ for pre-filled versus empty containers. For example, prefilled containers, such as those used for charcoal lighter fluid, can be squeezed easily, and therefore, are likely to create a larger vacuum force pulling external flames into the container. recognized testing laboratory (NRTL), 29 CFR 1926.155(a). The OSHA requirements do not specify to which standard an NRTL must test the safety can. Safety cans tend to be more expensive than typical gas cans but are available for purchase by consumers at many physical and online retailers. a. ASTM F3429/F3429M–20 Portable fuel containers sold pre-filled are within the scope of ASTM F3429/ F3429M–20, Standard Specification for Performance of Flame Mitigation Devices Installed in Disposable and PreFilled Flammable Liquid Containers. ASTM lists the standard as a dual standard in inch-pound (F3429 designation) and metric (F3429M designation) units. Both designations of the standard are substantively identical except for the inch-pound vs metric units used in the standard. ASTM F3429/F3429M was first published in 2020 and has not been revised since publication of the standard. The standard was developed by the ASTM F15.72 subcommittee for Pre-Filled Containers of Flammable and Combustible Liquids. The standard requires two performance tests of the container’s flame mitigation devices. The first is an endurance test, in which the container is subjected to an external and stationary 2.5-inch flame at the mouth of the container for 30 seconds. The second test is a flashback test, in which the container is subjected to an external flash fire near the container mouth. The container passes each test if the contents of the container do not catch fire or otherwise ignite in each of five consecutive trials. The two tests demonstrate that the flame mitigation device impedes the propagation of two different types of ignition sources, a stationary flame and a moving flame. a. ASTM F3326–21 Portable fuel containers sold empty for general consumer use are within the scope of ASTM F3326–21, Standard Specification for Flame Mitigation Devices on Portable Fuel Containers. ‘‘Portable Fuel Containers,’’ as used in the title of ASTM F3326, refers to containers that meet the scope of ASTM F852, Standard Specification for Portable Gasoline, Kerosene, and Diesel Containers for Consumer Use. ASTM F3326 was initially published in 2019 and has been revised twice. The current version of the standard is ASTM F3326– 21. ASTM F3326 requires a performance test of the container’s flame mitigation devices after the container is exposed to several use-and-abuse tests. Use-andabuse tests are designed to ensure a flame mitigation device still functions after simulating normal use and reasonably foreseeable abuse of the container over time. The flame mitigation device performance test demonstrates that the container prevents a flame traveling at five meters per second from igniting the contents of the container in each of five consecutive trials. The test also demonstrates that the flame mitigation device impedes the propagation of a rapidly travelling flame front into the container. 2. Containers Sold Empty Portable fuel containers sold empty, such as gas cans, are designed to receive fuel from a service station pump for transfer later into a fuel-powered product, such as a lawnmower. They are designed to be used in this manner many times and to hold flammable liquids for long periods, over large temperature variations. Safety cans are portable fuel containers sold empty that the U.S. Occupational Safety and Health Administration (OSHA) generally regulates for use in the workplace. OSHA requires spring-loaded or selfclosing openings and flash-arresting screens on safety cans, 29 CFR 1926.155(l). OSHA also requires that safety cans be approved by a nationally VerDate Sep<11>2014 16:24 Jan 12, 2023 Jkt 259001 b. UL 30:2022 Portable fuel containers that are sold empty and meet the OSHA requirements for safety cans are within the scope of ANSI/CAN/UL/ULC 30:2022 (UL 30:2022), Standard for Safety Metallic and Nonmetallic Safety Cans for Flammable and Combustible Liquids. UL 30:2022 is a voluntary standard that covers various requirements for safety cans, including requirements for flame mitigation devices. The standard is under the jurisdiction of UL Standard Technical Panel (STP) 30. The current version of the standard, UL 30:2022, was published in 2022, and it has been in effect since April 29, 2022. Section 18 of UL 30 has two performance test options. The first option is to subject the safety can mouth to an external and stationary 2.5-inch flame for 30 seconds. The safety can pass the test if the interior content of the safety can does not catch fire or otherwise ignite in each of five PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 consecutive trials. The second performance test option is used for safety cans that have a flame arrestor. In this performance test, a 7.5-inch flame is balanced on one side of the flame arrestor as a fuel-air mixture passes through. The flame arrestor fails if the flame crosses the flame arrestor and ignites the fuel-air mixture. CPSC staff advises that compliance to section 18 of UL 30:2022 would meet the OSHA requirement for a ‘‘flash arresting screen.’’ 29 CFR 1926.155(l). III. Responses to Comments On May 24, 2022, the Commission published a notice of availability seeking public comment on a CPSC staff draft document, ‘‘Voluntary Standards Evaluation Under the Portable Fuel Container Safety Act of 2020,’’ which provided staff’s initial assessment and recommendations to the Commission regarding whether the relevant voluntary standards qualify for the exception from the rulemaking requirement under the PFCSA. 87 FR 31540. Six comments were submitted in response to the request for comments. The comments generally supported staff’s recommendations and did not suggest any other voluntary standards the Commission should consider when making a determination under the PFCSA, or any class of portable fuel containers that the referenced voluntary standards fail to address. A brief summary of the comments and staff’s responses is provided below. Comment: The Portable Fuel Container Manufacturers Association (PFCMA) supports CPSC staff’s recommendation to require that products meet the three staffrecommended voluntary standards, as applicable. The PFCMA concurs with CPSC staff’s assessment that the voluntary standards meet the requirements of the PFCSA. The PFCMA notes that each of the referenced standards was developed in collaboration with industry, consumer safety advocates, and CPSC experts. Consequently, the PFCMA indicates that the standards promote practical approaches to mitigating the risk of flame-jetting for each application. The PFCMA states that its members have been compliant with the relevant voluntary standards for several years. Comment: Zippo Manufacturing Company (ZMC) states that it supports CPSC staff’s recommendation to require pre-filled portable fuel containers to meet ASTM F3429. ZMC recommends that CPSC refer to the list found in ASTM F3429 when listing ‘‘other’’ flame mitigation devices. The commenter states that the ASTM E:\FR\FM\13JAR1.SGM 13JAR1 lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations standard specifies that ‘‘other examples of [flame mitigation devices] include, but are not limited to, expanded metal mesh, screens, bladders, pinhole restrictors, and pumps.’’ Response: Staff included in its briefing memorandum the examples of flame mitigation devices listed in ASTM F3429/F3429M–2020, which include, but are not limited to, expanded metal mesh, screens, bladders, pinhole restrictors, and pumps. Comment: Calumet Specialty Products Partners, L.P.’s Performance Brand business unit indicates that it did not object to the Commission requiring pre-filled portable fuel containers to meet ASTM F3429/F3429M–20, but they request a delayed effective date of December 31, 2023, due to supply chain delays, testing delays, and time needed to design flame mitigation devices. The commenter also provides technical suggestions for potential future development of ASTM F3429/F3429M– 20. SolvChem, Inc., also requests additional time to comply with the voluntary standard, requesting an effective date of January 2024, for three reasons: (1) time needed to develop the devices; (2) time needed to test the devices to the standard; and (3) time needed to purchase the tooling and equipment necessary to produce the devices. This commenter asserts that tooling and equipment lead times are at an all-time high, with some lead times expected to be 6 months to a year. The commenter clarifies that the purchase of tooling and equipment must occur after the development and approval of any potential device. Response: Under the PFCSA, a voluntary standard that the Commission determines meets the requirements of the rulemaking exception under PFCSA ‘‘shall be treated as a consumer product safety rule promulgated under section 2058 of this title beginning on the date which is the later of’’ either ‘‘180 days after publication of the Commission’s determination’’ or ‘‘the effective date contained in the voluntary standard.’’ 15 U.S.C. 2056d(b)(4). Here, the later date is 180 days after publication of the Commission’s determinations. Therefore, the relevant voluntary standards will be effective pursuant to the PFCSA 180 days after publication of the Commission’s determinations in this document. We note that the voluntary standard referred to by the commenter has been in place since 2020. Comment: R.B. Howes & Co. Inc., asks whether ‘‘additives’’ would be considered a ‘‘fuel.’’ The commenter understands that, based on its reading of CPSC staff’s voluntary standards VerDate Sep<11>2014 16:24 Jan 12, 2023 Jkt 259001 evaluation for the PFCSA, the provisions apply to fuels with a flash point below 140 degrees Fahrenheit. The commenter states that it manufactures diesel fuel additives, which, it asserts, are not fuels and have flash points above the 140-degree Fahrenheit threshold. However, the commenter states that it is unclear whether additives with flash points within the scope of the PFCSA would be exempted from the requirements, and therefore, requests clarification. Similarly, an anonymous commenter asks for the Commission to define ‘‘liquid fuels.’’ This commenter indicates that they represent a contract manufacturer of various chemical products. The commenter understands that, based on their reading of CPSC staff’s voluntary standards evaluation for the PFCSA, the provisions would apply only to fuels and not ‘‘fueladjacent products,’’ such as fuel additives. The commenter requests a definition for ‘‘liquid fuels’’ so that businesses have clarity. Response: The PFCSA defines ‘‘portable fuel containers’’ as products ‘‘intended for flammable liquid fuels with a flash point less than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels.’’ 15 U.S.C. 2056d(b)(8)(A). Fuels generally are considered substances that can be burned to release energy, and liquids with a flash point below 140 degrees Fahrenheit are, by the definition of flash point, capable of being burned at that temperature. Staff assessed all known flammable liquid fuels with a flash point less than 140 degrees as part of the evaluation of the voluntary standards under the PFCSA. Accordingly, while classification of a particular container for purposes of the PFCSA is casespecific, as a general matter, when a liquid with a flash point less than 140 degrees Fahrenheit is intended to be used as, or in, a fuel mixture to support combustion, it is a fuel under the definition of ‘‘portable fuel containers’’ as indicated in the PFCSA. IV. Commission Determinations Regarding Portable Fuel Containers Voluntary Standards As noted in section I of this document, under the PFCSA, the Commission is not required to promulgate a final rule if the requirements for an exception are met for a class of portable fuel containers within the scope of the PFCSA. 15 U.S.C. 2056d(b)(3). Portable fuel containers sold pre-filled and portable fuel containers sold empty are together subject to three voluntary PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 2209 standards. Based on CPSC staff’s assessment and recommendations regarding the three voluntary standards, and consideration of the comments submitted, the Commission makes the following determinations 3 regarding ASTM F3429/F3429M–20, ASTM F3326–21, and section 18 of UL 30:2022 under section 2056d(b)(3)(A) of the PFCSA. A. Commission Determination Regarding ASTM F3429/F3429M–20 The Commission determines that for portable fuel containers sold pre-filled, ASTM F3429/F3429M–20, Standard Specification for Performance of Flame Mitigation Devices Installed in Disposable and Pre-Filled Flammable Liquid Containers, meets the requirements of the exception to rulemaking under the PFCSA. ASTM F3429/F3429M–20 contains effective performance requirements for flame mitigation devices in portable fuel containers that impede the propagation of flame into the container; the standard was in effect before June 27, 2022; and the standard was developed by ASTM International. See 15 U.S.C. 2056d(b)(3)(A). Based on these findings, the Commission determines that rulemaking is not required under the PFCSA for portable fuel containers sold pre-filled, because ASTM F3429/ F3429M–20 meets the requirements of the PFCSA. B. Commission Determination Regarding ASTM F3326–21 The Commission determines that for portable fuel containers sold empty, ASTM F3326–21, Standard Specification for Flame Mitigation Devices on Portable Fuel Containers, meets the requirements of the exception to rulemaking under the PFCSA. ASTM F3326–21 contains effective performance requirements for flame mitigation devices in portable fuel containers that impede the propagation of flame into the container; the standard was in effect before June 27, 2022; and the standard was developed by ASTM International. 15 U.S.C. 2056d(b)(3)(A). Based on these findings, the Commission determines that rulemaking is not required under the PFCSA for portable fuel containers sold empty, because ASTM F3326–21 meets the requirements of the PFCSA. C. Commission Determination Regarding UL 30:2022 The Commission determines that for safety cans sold empty, ANSI/CAN/UL/ 3 The Commission voted 4–0 to publish this document. E:\FR\FM\13JAR1.SGM 13JAR1 2210 Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations ULC 30:2022, Standard for Safety Metallic and Nonmetallic Safety Cans for Flammable and Combustible Liquids, meets the requirements of the exception to rulemaking under the PFCSA. Section 18 of UL 30:2022 contains effective performance requirements for flame mitigation devices in safety cans that impede the propagation of flame into the container; the standard was in effect before June 27, 2022; and the standard was developed by UL, which, like ASTM International, is an ANSI-accredited standards developer and is experienced in the development of consumer product voluntary standards. 15 U.S.C. 2056d(b)(3)(A). Based on these findings, the Commission determines that rulemaking is not required under the PFCSA for portable fuel containers that are safety cans sold empty, because section 18 of UL 30:2022 meets the requirements of the PFCSA. lotter on DSK11XQN23PROD with RULES1 D. Publication of Notice of Commission Determinations The Commission is publishing this notice of Commission determinations in the Federal Register, as required under section 2056d(b)(3)(B) of the PFCSA. The three portable fuel container voluntary standards will become effective as mandatory consumer product safety rules on July 12, 2023. 15 U.S.C. 2056d(b)(4). The Commission may in the future issue a direct final rule to incorporate the voluntary standards into the Code of Federal Regulations. V. Effect of Commission Determinations Regarding Portable Fuel Container Voluntary Standards Under the PFCSA, because the Commission has determined that the three voluntary standards discussed above, collectively covering the two known classes of portable fuel containers, meet the requirements for the exception to the rulemaking requirement, the requirements of those voluntary standards shall be treated as consumer product safety rules promulgated under section 9 of the CPSA (15 U.S.C. 2058), beginning on the date that is the later of 180 days after publication of the Commission’s determination, or the effective date contained in the voluntary standard. 15 U.S.C. 2056d(b)(4). In this instance, the publication of this notice is the later of the two possible statutory dates. Therefore, portable fuel containers manufactured after July 12, 2023 must comply with the requirements of either ASTM F3429/F3429M–20, ASTM F3326–21, or section 18 of UL 30:2022, as applicable. Specifically, portable fuel VerDate Sep<11>2014 16:24 Jan 12, 2023 Jkt 259001 containers sold pre-filled are required to comply with the requirements of ASTM F3429/F3429M–20. Portable fuel containers sold empty (that are not safety cans) are required to comply with the requirements of ASTM F3326–21. Safety cans are required to meet the requirements of either ASTM F3326–21 or section 18 of UL 30:2022. VI. Certification VII. Public Access to Portable Fuel Containers Voluntary Standards ASTM F3429/F3429M–20, ASTM F3326–21, and UL 30:2022 are available to the public for review, free of charge, as described below. For free-of-charge, read-only online access to ASTM F3429/F3429M–20: • Access ASTM’s CPSC reading room at: https://www.astm.org/cpsc.htm. • Search for ASTM F3429. Note: In the future, read-only access to the standard may move to ASTM’s Reading Room at: https://www.astm.org/ products-services/reading-room.html. For free-of-charge, read-only online access to ASTM F3326–21: • Access ASTM’s CPSC reading room at: https://www.astm.org/cpsc.htm. • Search for ASTM F3326. Note: in the future, read-only access to the standard may move to ASTM’s Reading Room at: https://www.astm.org/ products-services/reading-room.html. For free-of-charge, read-only online access to ANSI/CAN/UL/ULC 30:2022: • Access UL’s Standards Sale Site at: https://shopulstandards.com. • Click ‘‘Browse and Buy Standards,’’ and search for UL 30. • Click ‘‘Digital View,’’ and sign in, or create a user account. ASTM F3429/F3429M–20, ASTM F3326–21, and ANSI/CAN/UL/ULC 30:2022 are also available to review in person through CPSC’s Office of the Frm 00036 Fmt 4700 Alberta E. Mills, Secretary, Consumer Product Safety Commission. [FR Doc. 2022–28325 Filed 1–12–23; 8:45 am] BILLING CODE 6355–01–P DEPARTMENT OF LABOR 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, must 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. 15 U.S.C. 2063(a)(1). Under the PFCSA, because of the Commission’s determinations, ASTM F3429/F3429M–20, ASTM F3326–21, and section 18 of UL 30:2022, are considered consumer product safety rules under the CPSA. Therefore, portable fuel containers manufactured after July 12, 2023, are subject to the testing and certification requirements of section 14(a)(1) of the CPSA. PO 00000 Secretary, 4330 East West Highway, Bethesda, MD 20814. Sfmt 4700 Employment and Training Administration 20 CFR Part 655 Office of Workers’ Compensation Programs 20 CFR Parts 702, 725, and 726 Office of the Secretary 29 CFR Part 5 41 CFR Part 50–201 Wage and Hour Division 29 CFR Parts 500, 501, 503, 530, 570, 578, 579, 801, 810, and 825 Occupational Safety and Health Administration 29 CFR Part 1903 Mine Safety and Health Administration 30 CFR Part 100 RIN 1290–AA46 Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2023 Employment and Training Administration, Office of Workers’ Compensation Programs, Office of the Secretary, Wage and Hour Division, Occupational Safety and Health Administration, Employee Benefits Security Administration, and Mine Safety and Health Administration, Department of Labor. ACTION: Final rule. AGENCY: The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Department, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Inflation Adjustment Act requires the SUMMARY: E:\FR\FM\13JAR1.SGM 13JAR1

Agencies

[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Pages 2206-2210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28325]


=======================================================================
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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II

[Docket No. CPSC-2022-0017]


Determinations Regarding Portable Fuel Container Voluntary 
Standards Under the Portable Fuel Container Safety Act

AGENCY: Consumer Product Safety Commission.

ACTION: Determinations.

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

SUMMARY: The Portable Fuel Container Safety Act of 2020 (PFCSA) 
provides that the Consumer Product Safety Commission (Commission) must 
promulgate a rule to require flame mitigation devices in portable fuel 
containers that impede the propagation of flame into the container, 
unless the Commission determines that there is a voluntary standard for 
flame mitigation devices that impedes the propagation of flame into the 
container. The Commission is announcing in this document that it has 
determined that such voluntary standards exist for all known classes of 
portable fuel containers. Therefore, the Commission will not be 
promulgating a final rule, and pursuant to the PFCSA, the requirements 
of such voluntary standards shall be treated as a consumer product 
safety rule under the Consumer Product Safety Act (CPSA).

[[Page 2207]]


DATES: The Commission determinations made under the PFCSA for ASTM 
F3429/F3429M-20, ASTM F3326-21, and section 18 of UL 30:2022 discussed 
in this document will be effective by operation of law as consumer 
product safety rules on July 12, 2023.

FOR FURTHER INFORMATION CONTACT: Jennifer H. Colten, Office of 
Compliance and Field Operations, Consumer Product Safety Commission, 
4330 East West Highway, Bethesda, MD 20814-4408; telephone (301) 504-
8165; [email protected].

SUPPLEMENTARY INFORMATION: 

I. The Portable Fuel Container Safety Act of 2020

    The PFCSA \1\ requires the Commission to promulgate, not later than 
30 months after December 27, 2020, a final rule to require flame 
mitigation devices in portable fuel containers that impede the 
propagation of flame into the container. 15 U.S.C. 2056d(b)(1), (2). 
However, the Commission is not required to promulgate a final rule for 
a class of portable fuel containers within the scope of the PFCSA if 
the Commission determines at any time that:
---------------------------------------------------------------------------

    \1\ Portable Fuel Container Safety Act of 2020, codified at 15 
U.S.C. 2056d, as stated Public Law 116-260, div. FF, title IX, 
section 901, available at: https://www.govinfo.gov/content/pkg/PLAW-116publ260/pdf/PLAW-116publ260.pdf.
---------------------------------------------------------------------------

     There is a voluntary standard for flame mitigation devices 
for those containers that impedes the propagation of flame into the 
container;
     The voluntary standard is or will be in effect not later 
than 18 months after the date of enactment of the PFCSA (i.e., June 27, 
2022); and
     The voluntary standard is developed by ASTM International 
or such other standard development organization that the Commission 
determines to have met the intent of the PFCSA.

15 U.S.C. 2056d(b)(3)(A). Any such Commission determinations regarding 
applicable voluntary standards must be published in the Federal 
Register. 15 U.S.C. 2056d(b)(3)(B).

II. Portable Fuel Container Voluntary Standards

A. Background

    The PFCSA requires the Commission to promulgate a final rule to 
require flame mitigation devices on portable fuel containers by June 
27, 2023. 15 U.S.C. 2056d(b)(1). The PFCSA provides an exception to the 
rulemaking requirement if the Commission determines that a voluntary 
standard for a class of portable fuel containers has requirements for 
flame mitigation devices that impede the propagation of flames into the 
container. 15 U.S.C. 2056d(b)(3)(A). The Commission must publish any 
such determination in the Federal Register, and the requirements of 
such a voluntary standard ``shall be treated as a consumer product 
safety rule.'' 15 U.S.C. 2056d(b)(3)(B) and (b)(4).
1. Definition of Flame Mitigation Device
    The PFCSA does not define the term ``flame mitigation device.'' 
However, ASTM F3429, Standard Specification for Flame Mitigation 
Devices Installed in Disposable and Pre-Filled Flammable Liquid 
Containers, defines a ``flame mitigation device'' as ``a device or 
feature attached to, installed in, or otherwise integral to, a 
container that is expected to inhibit the propagation of an external 
flame into the container.'' A common type of flame mitigation device 
used with portable fuel containers is a flame arrestor (also known as 
flame arrester or flash arresting screen). A flame arrestor is a screen 
that quenches and cools a flame so that it cannot pass through the 
flame arrestor. Other examples of flame mitigation devices include, but 
are not limited to, expanded metal mesh, screens, bladders, pinhole 
restrictors, and pumps.
2. Statutory Definition of ``Portable Fuel Container''
    The PFCSA defines the term ``portable fuel container'' to mean any 
container or vessel (including any spout, cap, and other closure 
mechanism or component of such container or vessel or any retrofit or 
aftermarket spout or component intended or reasonably anticipated to be 
for use with such container):
     Intended for flammable liquid fuels with a flash point 
less than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, 
ethanol, methanol, denatured alcohol, or biofuels;
     That is a consumer product with a capacity of 5 gallons or 
less; and
     That the manufacturer knows or reasonably should know is 
used by consumers for transporting, storing, and dispensing flammable 
liquid fuels.

15 U.S.C. 2056d(b)(8).

    Some examples of portable fuel containers include portable gasoline 
containers and containers for cigarette lighter fluid, charcoal lighter 
fluid, and liquid fireplace fuel (such as firepot fuel). Products that 
store substances like liquified petroleum gas (``LP gas,'' commonly 
called ``propane'') are not within scope of the statutory definition of 
``portable fuel containers'' because these substances are only liquid 
at high pressure, and when exposed to ambient conditions, readily 
vaporize.
3. Flame Jetting Hazard
    The principal hazards that flame mitigation devices protect against 
are flame jetting and container rupturing. ``Flame jetting,'' as 
defined in ASTM F3429, is a ``phenomenon where an external ignition 
source causes a sudden ignition within a liquid container that 
directionally propels burning vapor and liquid from the mouth of the 
container.'' Container rupturing is similar to flame jetting, except 
the burning vapor and liquid exit through a rupture in the container. 
The injury potential associated with each hazard is the same, severe 
burns and possible death. Flame jetting typically injures people other 
than the person holding the container, while container rupturing 
typically injures the person holding the container. In this notice, 
references to flame jetting also include container rupturing.

B. Relevant Voluntary Standards

    The PFCSA allows the Commission to separate portable fuel 
containers into different classes. 15 U.S.C. 2056d(b)(3)(A). CPSC staff 
evaluated the specifications for many portable fuel containers and 
recommends separating portable fuel containers into two classes: 
containers sold pre-filled, and containers sold empty. Below are 
staff's descriptions and assessments under the PFCSA of the relevant 
portable fuel container voluntary standards for containers sold pre-
filled, and containers sold empty, which together, encompass all known 
classes of portable fuel containers. A more detailed description of 
staff's assessment of the voluntary standards is available in staff's 
memorandum.\2\
---------------------------------------------------------------------------

    \2\ CPSC staff's memorandum ``Voluntary Standards Evaluation 
Under the Portable Fuel Container Safety Act of 2020'' is available 
at: https://www.cpsc.gov/s3fs-public/Federal-Register-Notice-Notice-of-Commission-Determinations-Regarding-Voluntary-Standards-Under-the-Portable-Fuel-Container-Safety-Act-of-2020.pdf?VersionId= 
vhydmadrMn5PqRmgzmfLxhk80ddFo52E.
---------------------------------------------------------------------------

1. Containers Sold Pre-Filled
    Containers sold pre-filled are likely to be discarded by the 
consumer once the contents (the flammable liquid fuel) are completely 
used; whereas containers sold empty are specifically designed to be 
reused. Pre-filled containers and empty containers are used differently 
and have different product lifespans. The differences also mean that 
the flame mitigation devices will be subjected to different conditions 
that can affect

[[Page 2208]]

performance over time, and therefore, requirements differ for pre-
filled versus empty containers. For example, pre-filled containers, 
such as those used for charcoal lighter fluid, can be squeezed easily, 
and therefore, are likely to create a larger vacuum force pulling 
external flames into the container.
a. ASTM F3429/F3429M-20
    Portable fuel containers sold pre-filled are within the scope of 
ASTM F3429/F3429M-20, Standard Specification for Performance of Flame 
Mitigation Devices Installed in Disposable and Pre-Filled Flammable 
Liquid Containers. ASTM lists the standard as a dual standard in inch-
pound (F3429 designation) and metric (F3429M designation) units. Both 
designations of the standard are substantively identical except for the 
inch-pound vs metric units used in the standard. ASTM F3429/F3429M was 
first published in 2020 and has not been revised since publication of 
the standard. The standard was developed by the ASTM F15.72 
subcommittee for Pre-Filled Containers of Flammable and Combustible 
Liquids.
    The standard requires two performance tests of the container's 
flame mitigation devices. The first is an endurance test, in which the 
container is subjected to an external and stationary 2.5-inch flame at 
the mouth of the container for 30 seconds. The second test is a 
flashback test, in which the container is subjected to an external 
flash fire near the container mouth. The container passes each test if 
the contents of the container do not catch fire or otherwise ignite in 
each of five consecutive trials. The two tests demonstrate that the 
flame mitigation device impedes the propagation of two different types 
of ignition sources, a stationary flame and a moving flame.
2. Containers Sold Empty
    Portable fuel containers sold empty, such as gas cans, are designed 
to receive fuel from a service station pump for transfer later into a 
fuel-powered product, such as a lawnmower. They are designed to be used 
in this manner many times and to hold flammable liquids for long 
periods, over large temperature variations.
    Safety cans are portable fuel containers sold empty that the U.S. 
Occupational Safety and Health Administration (OSHA) generally 
regulates for use in the workplace. OSHA requires spring-loaded or 
self-closing openings and flash-arresting screens on safety cans, 29 
CFR 1926.155(l). OSHA also requires that safety cans be approved by a 
nationally recognized testing laboratory (NRTL), 29 CFR 1926.155(a). 
The OSHA requirements do not specify to which standard an NRTL must 
test the safety can. Safety cans tend to be more expensive than typical 
gas cans but are available for purchase by consumers at many physical 
and online retailers.
a. ASTM F3326-21
    Portable fuel containers sold empty for general consumer use are 
within the scope of ASTM F3326-21, Standard Specification for Flame 
Mitigation Devices on Portable Fuel Containers. ``Portable Fuel 
Containers,'' as used in the title of ASTM F3326, refers to containers 
that meet the scope of ASTM F852, Standard Specification for Portable 
Gasoline, Kerosene, and Diesel Containers for Consumer Use. ASTM F3326 
was initially published in 2019 and has been revised twice. The current 
version of the standard is ASTM F3326-21.
    ASTM F3326 requires a performance test of the container's flame 
mitigation devices after the container is exposed to several use-and-
abuse tests. Use-and-abuse tests are designed to ensure a flame 
mitigation device still functions after simulating normal use and 
reasonably foreseeable abuse of the container over time. The flame 
mitigation device performance test demonstrates that the container 
prevents a flame traveling at five meters per second from igniting the 
contents of the container in each of five consecutive trials. The test 
also demonstrates that the flame mitigation device impedes the 
propagation of a rapidly travelling flame front into the container.
b. UL 30:2022
    Portable fuel containers that are sold empty and meet the OSHA 
requirements for safety cans are within the scope of ANSI/CAN/UL/ULC 
30:2022 (UL 30:2022), Standard for Safety Metallic and Nonmetallic 
Safety Cans for Flammable and Combustible Liquids. UL 30:2022 is a 
voluntary standard that covers various requirements for safety cans, 
including requirements for flame mitigation devices. The standard is 
under the jurisdiction of UL Standard Technical Panel (STP) 30. The 
current version of the standard, UL 30:2022, was published in 2022, and 
it has been in effect since April 29, 2022.
    Section 18 of UL 30 has two performance test options. The first 
option is to subject the safety can mouth to an external and stationary 
2.5-inch flame for 30 seconds. The safety can pass the test if the 
interior content of the safety can does not catch fire or otherwise 
ignite in each of five consecutive trials. The second performance test 
option is used for safety cans that have a flame arrestor. In this 
performance test, a 7.5-inch flame is balanced on one side of the flame 
arrestor as a fuel-air mixture passes through. The flame arrestor fails 
if the flame crosses the flame arrestor and ignites the fuel-air 
mixture. CPSC staff advises that compliance to section 18 of UL 30:2022 
would meet the OSHA requirement for a ``flash arresting screen.'' 29 
CFR 1926.155(l).

III. Responses to Comments

    On May 24, 2022, the Commission published a notice of availability 
seeking public comment on a CPSC staff draft document, ``Voluntary 
Standards Evaluation Under the Portable Fuel Container Safety Act of 
2020,'' which provided staff's initial assessment and recommendations 
to the Commission regarding whether the relevant voluntary standards 
qualify for the exception from the rulemaking requirement under the 
PFCSA. 87 FR 31540. Six comments were submitted in response to the 
request for comments. The comments generally supported staff's 
recommendations and did not suggest any other voluntary standards the 
Commission should consider when making a determination under the PFCSA, 
or any class of portable fuel containers that the referenced voluntary 
standards fail to address. A brief summary of the comments and staff's 
responses is provided below.
    Comment: The Portable Fuel Container Manufacturers Association 
(PFCMA) supports CPSC staff's recommendation to require that products 
meet the three staff-recommended voluntary standards, as applicable. 
The PFCMA concurs with CPSC staff's assessment that the voluntary 
standards meet the requirements of the PFCSA. The PFCMA notes that each 
of the referenced standards was developed in collaboration with 
industry, consumer safety advocates, and CPSC experts. Consequently, 
the PFCMA indicates that the standards promote practical approaches to 
mitigating the risk of flame-jetting for each application. The PFCMA 
states that its members have been compliant with the relevant voluntary 
standards for several years.
    Comment: Zippo Manufacturing Company (ZMC) states that it supports 
CPSC staff's recommendation to require pre-filled portable fuel 
containers to meet ASTM F3429. ZMC recommends that CPSC refer to the 
list found in ASTM F3429 when listing ``other'' flame mitigation 
devices. The commenter states that the ASTM

[[Page 2209]]

standard specifies that ``other examples of [flame mitigation devices] 
include, but are not limited to, expanded metal mesh, screens, 
bladders, pinhole restrictors, and pumps.''
    Response: Staff included in its briefing memorandum the examples of 
flame mitigation devices listed in ASTM F3429/F3429M-2020, which 
include, but are not limited to, expanded metal mesh, screens, 
bladders, pinhole restrictors, and pumps.
    Comment: Calumet Specialty Products Partners, L.P.'s Performance 
Brand business unit indicates that it did not object to the Commission 
requiring pre-filled portable fuel containers to meet ASTM F3429/
F3429M-20, but they request a delayed effective date of December 31, 
2023, due to supply chain delays, testing delays, and time needed to 
design flame mitigation devices. The commenter also provides technical 
suggestions for potential future development of ASTM F3429/F3429M-20.
    SolvChem, Inc., also requests additional time to comply with the 
voluntary standard, requesting an effective date of January 2024, for 
three reasons: (1) time needed to develop the devices; (2) time needed 
to test the devices to the standard; and (3) time needed to purchase 
the tooling and equipment necessary to produce the devices. This 
commenter asserts that tooling and equipment lead times are at an all-
time high, with some lead times expected to be 6 months to a year. The 
commenter clarifies that the purchase of tooling and equipment must 
occur after the development and approval of any potential device.
    Response: Under the PFCSA, a voluntary standard that the Commission 
determines meets the requirements of the rulemaking exception under 
PFCSA ``shall be treated as a consumer product safety rule promulgated 
under section 2058 of this title beginning on the date which is the 
later of'' either ``180 days after publication of the Commission's 
determination'' or ``the effective date contained in the voluntary 
standard.'' 15 U.S.C. 2056d(b)(4). Here, the later date is 180 days 
after publication of the Commission's determinations. Therefore, the 
relevant voluntary standards will be effective pursuant to the PFCSA 
180 days after publication of the Commission's determinations in this 
document. We note that the voluntary standard referred to by the 
commenter has been in place since 2020.
    Comment: R.B. Howes & Co. Inc., asks whether ``additives'' would be 
considered a ``fuel.'' The commenter understands that, based on its 
reading of CPSC staff's voluntary standards evaluation for the PFCSA, 
the provisions apply to fuels with a flash point below 140 degrees 
Fahrenheit. The commenter states that it manufactures diesel fuel 
additives, which, it asserts, are not fuels and have flash points above 
the 140-degree Fahrenheit threshold. However, the commenter states that 
it is unclear whether additives with flash points within the scope of 
the PFCSA would be exempted from the requirements, and therefore, 
requests clarification.
    Similarly, an anonymous commenter asks for the Commission to define 
``liquid fuels.'' This commenter indicates that they represent a 
contract manufacturer of various chemical products. The commenter 
understands that, based on their reading of CPSC staff's voluntary 
standards evaluation for the PFCSA, the provisions would apply only to 
fuels and not ``fuel-adjacent products,'' such as fuel additives. The 
commenter requests a definition for ``liquid fuels'' so that businesses 
have clarity.
    Response: The PFCSA defines ``portable fuel containers'' as 
products ``intended for flammable liquid fuels with a flash point less 
than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, 
ethanol, methanol, denatured alcohol, or biofuels.'' 15 U.S.C. 
2056d(b)(8)(A). Fuels generally are considered substances that can be 
burned to release energy, and liquids with a flash point below 140 
degrees Fahrenheit are, by the definition of flash point, capable of 
being burned at that temperature. Staff assessed all known flammable 
liquid fuels with a flash point less than 140 degrees as part of the 
evaluation of the voluntary standards under the PFCSA. Accordingly, 
while classification of a particular container for purposes of the 
PFCSA is case-specific, as a general matter, when a liquid with a flash 
point less than 140 degrees Fahrenheit is intended to be used as, or 
in, a fuel mixture to support combustion, it is a fuel under the 
definition of ``portable fuel containers'' as indicated in the PFCSA.

IV. Commission Determinations Regarding Portable Fuel Containers 
Voluntary Standards

    As noted in section I of this document, under the PFCSA, the 
Commission is not required to promulgate a final rule if the 
requirements for an exception are met for a class of portable fuel 
containers within the scope of the PFCSA. 15 U.S.C. 2056d(b)(3).
    Portable fuel containers sold pre-filled and portable fuel 
containers sold empty are together subject to three voluntary 
standards. Based on CPSC staff's assessment and recommendations 
regarding the three voluntary standards, and consideration of the 
comments submitted, the Commission makes the following determinations 
\3\ regarding ASTM F3429/F3429M-20, ASTM F3326-21, and section 18 of UL 
30:2022 under section 2056d(b)(3)(A) of the PFCSA.
---------------------------------------------------------------------------

    \3\ The Commission voted 4-0 to publish this document.
---------------------------------------------------------------------------

A. Commission Determination Regarding ASTM F3429/F3429M-20

    The Commission determines that for portable fuel containers sold 
pre-filled, ASTM F3429/F3429M-20, Standard Specification for 
Performance of Flame Mitigation Devices Installed in Disposable and 
Pre-Filled Flammable Liquid Containers, meets the requirements of the 
exception to rulemaking under the PFCSA. ASTM F3429/F3429M-20 contains 
effective performance requirements for flame mitigation devices in 
portable fuel containers that impede the propagation of flame into the 
container; the standard was in effect before June 27, 2022; and the 
standard was developed by ASTM International. See 15 U.S.C. 
2056d(b)(3)(A). Based on these findings, the Commission determines that 
rulemaking is not required under the PFCSA for portable fuel containers 
sold pre-filled, because ASTM F3429/F3429M-20 meets the requirements of 
the PFCSA.

B. Commission Determination Regarding ASTM F3326-21

    The Commission determines that for portable fuel containers sold 
empty, ASTM F3326-21, Standard Specification for Flame Mitigation 
Devices on Portable Fuel Containers, meets the requirements of the 
exception to rulemaking under the PFCSA. ASTM F3326-21 contains 
effective performance requirements for flame mitigation devices in 
portable fuel containers that impede the propagation of flame into the 
container; the standard was in effect before June 27, 2022; and the 
standard was developed by ASTM International. 15 U.S.C. 2056d(b)(3)(A). 
Based on these findings, the Commission determines that rulemaking is 
not required under the PFCSA for portable fuel containers sold empty, 
because ASTM F3326-21 meets the requirements of the PFCSA.

C. Commission Determination Regarding UL 30:2022

    The Commission determines that for safety cans sold empty, ANSI/
CAN/UL/

[[Page 2210]]

ULC 30:2022, Standard for Safety Metallic and Nonmetallic Safety Cans 
for Flammable and Combustible Liquids, meets the requirements of the 
exception to rulemaking under the PFCSA. Section 18 of UL 30:2022 
contains effective performance requirements for flame mitigation 
devices in safety cans that impede the propagation of flame into the 
container; the standard was in effect before June 27, 2022; and the 
standard was developed by UL, which, like ASTM International, is an 
ANSI-accredited standards developer and is experienced in the 
development of consumer product voluntary standards. 15 U.S.C. 
2056d(b)(3)(A). Based on these findings, the Commission determines that 
rulemaking is not required under the PFCSA for portable fuel containers 
that are safety cans sold empty, because section 18 of UL 30:2022 meets 
the requirements of the PFCSA.

D. Publication of Notice of Commission Determinations

    The Commission is publishing this notice of Commission 
determinations in the Federal Register, as required under section 
2056d(b)(3)(B) of the PFCSA. The three portable fuel container 
voluntary standards will become effective as mandatory consumer product 
safety rules on July 12, 2023. 15 U.S.C. 2056d(b)(4). The Commission 
may in the future issue a direct final rule to incorporate the 
voluntary standards into the Code of Federal Regulations.

V. Effect of Commission Determinations Regarding Portable Fuel 
Container Voluntary Standards

    Under the PFCSA, because the Commission has determined that the 
three voluntary standards discussed above, collectively covering the 
two known classes of portable fuel containers, meet the requirements 
for the exception to the rulemaking requirement, the requirements of 
those voluntary standards shall be treated as consumer product safety 
rules promulgated under section 9 of the CPSA (15 U.S.C. 2058), 
beginning on the date that is the later of 180 days after publication 
of the Commission's determination, or the effective date contained in 
the voluntary standard. 15 U.S.C. 2056d(b)(4). In this instance, the 
publication of this notice is the later of the two possible statutory 
dates. Therefore, portable fuel containers manufactured after July 12, 
2023 must comply with the requirements of either ASTM F3429/F3429M-20, 
ASTM F3326-21, or section 18 of UL 30:2022, as applicable. 
Specifically, portable fuel containers sold pre-filled are required to 
comply with the requirements of ASTM F3429/F3429M-20. Portable fuel 
containers sold empty (that are not safety cans) are required to comply 
with the requirements of ASTM F3326-21. Safety cans are required to 
meet the requirements of either ASTM F3326-21 or section 18 of UL 
30:2022.

VI. 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, 
must 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. 15 U.S.C. 2063(a)(1). 
Under the PFCSA, because of the Commission's determinations, ASTM 
F3429/F3429M-20, ASTM F3326-21, and section 18 of UL 30:2022, are 
considered consumer product safety rules under the CPSA. Therefore, 
portable fuel containers manufactured after July 12, 2023, are subject 
to the testing and certification requirements of section 14(a)(1) of 
the CPSA.

VII. Public Access to Portable Fuel Containers Voluntary Standards

    ASTM F3429/F3429M-20, ASTM F3326-21, and UL 30:2022 are available 
to the public for review, free of charge, as described below.
    For free-of-charge, read-only online access to ASTM F3429/F3429M-
20:
     Access ASTM's CPSC reading room at: https://www.astm.org/cpsc.htm.
     Search for ASTM F3429.
    Note: In the future, read-only access to the standard may move to 
ASTM's Reading Room at: https://www.astm.org/products-services/reading-room.html.
    For free-of-charge, read-only online access to ASTM F3326-21:
     Access ASTM's CPSC reading room at: https://www.astm.org/cpsc.htm.
     Search for ASTM F3326.
    Note: in the future, read-only access to the standard may move to 
ASTM's Reading Room at: https://www.astm.org/products-services/reading-room.html.
    For free-of-charge, read-only online access to ANSI/CAN/UL/ULC 
30:2022:
     Access UL's Standards Sale Site at: https://shopulstandards.com.
     Click ``Browse and Buy Standards,'' and search for UL 30.
     Click ``Digital View,'' and sign in, or create a user 
account.
    ASTM F3429/F3429M-20, ASTM F3326-21, and ANSI/CAN/UL/ULC 30:2022 
are also available to review in person through CPSC's Office of the 
Secretary, 4330 East West Highway, Bethesda, MD 20814.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2022-28325 Filed 1-12-23; 8:45 am]
BILLING CODE 6355-01-P
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