[House Report 116-207]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-207
======================================================================
PORTABLE FUEL CONTAINER SAFETY ACT OF 2019
_______
September 13, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pallone, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 806]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 806) to require compliant flame mitigation
devices to be used on portable fuel containers for flammable
liquid fuels, and for other purposes, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
I. Purpose and Summary.............................................3
II. Background and Need for the Legislation.........................3
III. Committee Hearings..............................................4
IV. Committee Consideration.........................................5
V. Committee Votes.................................................5
VI. Oversight Findings..............................................5
VII. New Budget Authority, Entitlement Authority, and Tax Expenditure6
VIII. Federal Mandates Statement......................................6
IX. Statement of General Performance Goals and Objectives...........6
X. Duplication of Federal Programs.................................6
XI. Committee Cost Estimate.........................................6
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....6
XIII. Advisory Committee Statement....................................6
XIV. Applicability to Legislative Branch.............................7
XV. Section-by-Section Analysis of the Legislation..................7
XVI. Changes in Existing Law Made by the Bill, as Reported...........8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Portable Fuel Container Safety Act of
2019''.
SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL
CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER
IGNITION SOURCES.
(a) Rule on Safety Performance Standards Required.--Not later than 30
months after the date of enactment of this section, the Consumer
Product Safety Commission (referred to in this Act as the
``Commission'') shall promulgate a final rule to require flame
mitigation devices in portable fuel containers that impede the
propagation of flame into the container, except as provided in
subsection (c).
(b) Rulemaking; Consumer Product Safety Standard.--A rule under
subsection (a)--
(1) shall be promulgated in accordance with section 553 of
title 5, United States Code; and
(2) shall be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product Safety Act
(15 U.S.C. 2058).
(c) Exception.--
(1) Voluntary standard.--Subsection (a) shall not apply if
the Commission determines that--
(A) there is a voluntary standard for flame
mitigation devices in portable fuel containers that
impedes the propagation of flame into the container, or
a combination of more than one voluntary standard which
taken together serve such purpose for the full scope of
this Act;
(B) the voluntary standard or combination of
voluntary standards described in subparagraph (A) is or
will be in effect not later than 18 months after the
date of enactment of this Act; and
(C) the voluntary standard or combination of
voluntary standards described in subparagraph (A) is
developed by ASTM International or such other standard
development organization that the Commission determines
to have met the intent of this Act.
(2) Determination required to be published in the federal
register.--Any determination made by the Commission under this
subsection shall be published in the Federal Register.
(d) Treatment of Voluntary Standard for Purpose of Enforcement.--If
the Commission determines that a voluntary standard meets the
conditions described in subsection (c), the requirements of such
voluntary standard shall be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product Safety Act (15
U.S.C. 2058) beginning on the date which is the later of--
(1) 180 days after publication of the Commission's
determination under subsection (c); or
(2) the effective date contained in the voluntary standard.
(e) Revision of Voluntary Standard.--
(1) Notice to commission.--If the requirements of a voluntary
standard that meet the conditions of subsection (c) are
subsequently revised, the organization that revised the
standard shall notify the Commission after the final approval
of the revision.
(2) Effective date of revision.--Not later than 180 days
after the Commission is notified of a revised voluntary
standard described in paragraph (1) (or such later date as the
Commission determines appropriate), such revised voluntary
standard shall become enforceable as a consumer product safety
rule promulgated under section 9 of the Consumer Product Safety
Act (15 U.S.C. 2058), in place of the prior version, unless
within 90 days after receiving the notice the Commission
determines that the revised voluntary standard does not meet
the requirements described in subsection (c).
(f) Future Rulemaking.--The Commission, at any time after publication
of the consumer product safety rule required by subsection (a), a
voluntary standard is treated as a consumer product safety rule under
subsection (d), or a revision is enforceable as a consumer product
safety rule under subsection (e) may initiate a rulemaking in
accordance with section 553 of title 5, United States Code, to modify
the requirements or to include any additional provision that the
Commission determines is reasonably necessary to protect the public
against flame jetting from a portable fuel container. Any rule
promulgated under this subsection shall be treated as a consumer
product safety rule promulgated under section 9 of the Consumer Product
Safety Act (15 U.S.C. 2058).
(g) Action Required.--
(1) Education campaign.--Not later than 1 year after the date
of enactment of this Act, the Commission shall undertake a
campaign to educate consumers about the dangers associated with
using or storing portable fuel containers for flammable liquids
near an open flame or any other source of ignition.
(2) Summary of actions.--Not later than 2 years after the
date of enactment of this Act, the Commission shall submit to
Congress a summary of actions taken by the Commission in such
campaign.
(h) Portable Fuel Container Defined.--In this section, the term
``portable fuel container'' means 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)--
(1) intended for flammable liquid fuels with a flash point
less than 140 degrees Fahrenheit, including gasoline, kerosene,
diesel, ethanol, methanol, denatured alcohol, or biofuels;
(2) that is a consumer product with a capacity of 5 gallons
or less; and
(3) that the manufacturer knows or reasonably should know is
used by consumers for receiving, transporting, storing, and
dispensing flammable liquid fuels.
(i) Rule of Construction.--This section may not be interpreted to
conflict with the Children's Gasoline Burn Prevention Act (Public Law
110-278; 122 Stat. 2602).
SEC. 3. CHILDREN'S GASOLINE BURN PREVENTION ACT.
(a) Amendment.--Section 2(c) of the Children's Gasoline Burn
Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is amended by
inserting after ``for use by consumers'' the following: ``and any
receptacle for gasoline, kerosene, or diesel fuel, including any spout,
cap, and other closure mechanism and component of such receptacle or
any retrofit or aftermarket spout or component intended or reasonably
anticipated to be for use with such receptacle, produced or distributed
for sale to or use by consumers for transport of, or refueling of
internal combustion engines with, gasoline, kerosene, or diesel fuel''.
(b) Applicability.--The amendment made by subsection (a) shall take
effect 6 months after the date of enactment of this section.
I. Purpose and Summary
H.R. 806, the ``Portable Fuel Container Safety Act of
2019'', was introduced in the House on January 28, 2019, by
Reps. Mike Thompson (D-CA) and David P. Joyce (R-OH) and
referred to the Committee on Energy and Commerce. H.R. 806
directs the Consumer Product Safety Commission (CPSC) to issue
a mandatory standard that requires flame mitigation devices in
portable fuel containers to prevent death or injuries from
flame-jetting. It further directs the CPSC to conduct an
education campaign to alert consumers to the dangers of using
or storing portable fuel containers near ignition sources. The
legislation also amends the Children's Gasoline Burn Prevention
Act to expand existing child-resistance requirements for
closures for portable gasoline containers to include portable
kerosene and diesel fuel containers and component parts.
II. Background and Need for Legislation
Portable fuel containers can explode when fuel vapor
mixtures inside the container ignite with explosive force.\1\
This kind of explosion can occur inside a portable fuel
container when the gas vapor escaping the container contacts a
source of ignition, such as a flame or a spark.\2\ If the flame
from the ignited vapor propagates back into the container
through the spout and the gas and air vapor mixture inside the
can is at a certain flammable concentration, that mixture
inside can also ignite and cause an explosion.\3\ An
investigation conducted by NBC News in 2013 found that a very
low volume of gasoline inside the fuel container, low
temperatures, ``aged'' gasoline that has been in storage, and
holding the container at an angle increase the likelihood of an
explosion.
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\1\NBC News, Warning: Scientists Say Gas Cans Carry Risk of
Explosion (Dec. 4, 2013) (www.cnbc.com/2013/12/04/warning-scientists-
say-gas-cans-carry-risk-of-explosion.html).
\2\Id.
\3\Id.
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According to the National Fire Protection Association,
municipal fire departments in the United States respond to an
average of 160,910 fires per year involving the ignition of a
flammable or combustible liquid.\4\ These fires cause
approximately 454 civilian deaths, nearly 3,910 civilian
injuries, and an estimated $1.5 billion in direct property
damage annually.\5\ The CPSC has counted at least 11 deaths and
1,200 emergency room visits specifically involving gas can
explosions during the pouring of gasoline between 1998 and
2013.\6\
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\4\National Fire Protection Association, Fires Starting with
Flammable or Combustible Liquids Fact Sheet (Feb. 2014) (www.nfpa.org/-
/media/Files/News-and-Research/Fire-statistics-and-reports/Fact-sheets/
FiresStartingGasFactSheet.pdf).
\5\Id.
\6\See note 1.
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Flame mitigation devices allow fuel to pass through but
prevent flames from entering the container, preventing
flashback explosions. Flame mitigation devices designed for
portable fuel containers are usually small pieces of mesh or
disks with holes designed to prevent flame from passing through
by absorbing and dispersing heat.\7\ Flame arrestors are
commonly required by various commercial and industrial
equipment subject to regulations by the Occupational Safety and
Health Administration.\8\ In 2013, the CPSC called on the
portable fuel container industry to add flame arresters to its
products. In February 2019, a new voluntary consensus standard
on portable fuel containers was adopted that requires the
addition of a flame mitigation device, ASTM F3326-19a.\9\
---------------------------------------------------------------------------
\7\NBC News, Consumer panel calls for flame arresters on gas cans
after NBC report (Dec. 5, 2013) (www.nbcnews.com/news/world/consumer-
panel-calls-flame-arresters-gas-cans-after-nbc-report-flna2D11701318).
\8\29 C.F.R. Sec. 1926.152 (2010); 29 C.F.R. Sec. 1910.106
(2013).
\9\ASTM International, New ASTM International Standard Will Help
Make Portable Fuel Containers Safer (Feb. 21, 2019)
(www.prnewswire.com/news-releases/new-astm-international-standard-will-
help-make-portable-fuel-containers-safer-300800033.html).
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H.R. 806 is needed to make sure there is a mandatory
standard for portable fuel containers that requires effective
flame mitigation devices.
III. Committee Hearings
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress, the following hearings were used to develop or
consider H.R. 806:
The Subcommittee on Consumer Protection and Commerce held
an oversight hearing on June 9, 2019. The hearing was entitled,
``Protecting Americans from Dangerous Products: Is the Consumer
Product Safety Commission Fulfilling Its Mission?'' The
Subcommittee received testimony from members of the CPSC and
other consumer organizations:
The Honorable Ann Marie Buerkle, Acting
Chairman, Consumer Product Safety Commission;
The Honorable Elliot F. Kaye, Commissioner,
Consumer Product Safety Commission;
The Honorable Robert S. Adler, Commissioner,
Consumer Product Safety Commission;
The Honorable Dana Baiocco, Commissioner,
Consumer Product Safety Commission;
The Honorable Peter A. Feldman,
Commissioner, Consumer Product Safety Commission;
Rachel Weintraub, Legislative Director and
General Counsel, Consumer Federation of America;
Nancy Cowles, Executive Director, Kids in
Danger; and
Remington A. Gregg, Counsel for Civil
Justice and Consumer Rights, Public Citizen.
The Subcommittee on Consumer Protection and Commerce held a
legislative hearing on June 13, 2019, on H.R. 806, the
``Portable Fuel Container Safety Act of 2019'' and six other
bills. The hearing was entitled, ``Keeping Kids and Consumers
Safe from Dangerous Products.'' The Subcommittee received
testimony from:
Will Wallace, Manager, Home & Products
Policy, Consumer Reports;
Crystal Ellis, Founding Member, Parents
Against Tip-Overs;
Chris Parsons, President, Minnesota
Professional Fire Fighters; and
Charles A. Samuels, Member, Mintz.
IV. Committee Consideration
H.R. 806, the ``Portable Fuel Container Safety Act of
2019'', was introduced in the House on January 28, 2019, by
Reps. Thompson (D-CA) and Joyce (R-OH) and referred to the
Committee on Energy and Commerce. The bill was subsequently
referred to the Subcommittee on Consumer Protection and
Commerce on January 29, 2019. Following hearings, the
Subcommittee met in open markup session to consider the bill
H.R. 806 on July 10, 2019. An amendment in the nature of a
substitute offered by Mr. Latta (R-OH), # 1, was agreed to by a
voice vote. Subsequently, the Subcommittee agreed to a motion
by Ms. Schakowsky, Chairwoman of the Subcommittee, to forward
favorably to the full Committee on Energy and Commerce,
amended, by a voice vote.
On July 17, 2019, the full Committee on Energy and Commerce
met in open markup session, pursuant to notice, to consider the
bill H.R. 806, as amended by the Subcommittee on Consumer
Protection and Commerce on July 10, 2019 (Committee Print of
H.R. 806). No amendments were offered during consideration.
Whereupon, the full Committee agreed to a motion by Mr.
Pallone, Chairman of the Committee, to order H.R. 806 reported
favorably to the House, as amended, by a voice vote, a quorum
being present.
V. Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list each record vote
on the motion to report legislation and amendments thereto. The
Committee advises that there were no record votes taken on
ordering H.R. 806 reported or any amendments to the bill.
VI. Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the
oversight findings and recommendations of the Committee are
reflected in the descriptive portion of the report.
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures
Pursuant to 3(c)(2) of rule XIII of the Rules of the House
of Representatives, the Committee adopts as its own the
estimate of new budget authority, entitlement authority, or tax
expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
VIII. Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
IX. Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to prevent
require the Consumer Product Safety Commission to prevent
explosions in portable fuel containers and improve child-
resistance controls on kerosene and diesel fuel containers.
X. Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 806 is known to be duplicative of another Federal program,
including any program that was included in a report to Congress
pursuant to section 21 of Public Law 111-139 or the most recent
Catalog of Federal Domestic Assistance.
XI. Committee Cost Estimate
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 806 contains no earmarks, limited tax
benefits, or limited tariff benefits.
XIII. Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
XIV. Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
XV. Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 designates that the short title may be cited as
the ``Portable Fuel Container Safety Act of 2019''.
Sec. 2. Performance standards to protect against portable fuel
container explosions near open flames or other ignition sources
Subsection (a) of this section directs the CPSC, not later
than 30 months after the date of enactment of this section, to
promulgate a final rule to require flame mitigation devices in
portable fuel containers that impede the propagation of flame
into the container.
Subsection (b) specifies that the CPSC shall promulgate
this rule in accordance with the Administrative Procedure Act.
This subsection also specifies that the promulgated rule will
be treated as a consumer product safety rule promulgated under
section 9 of the Consumer Product Safety Act. Accordingly, it
shall be unlawful for any person to sell, offer for sale,
manufacture for sale, distribute in commerce, or import into
the United States portable fuel containers that are not in
conformity with the promulgated standard. Any violations shall
be subject to civil or criminal penalties.
Subsection (c) of this section creates an exception to
subsection (a) if the CPSC determines that (A) there is a
voluntary standard for flame mitigation devices in portable
fuel containers that impedes the propagation of flame into the
container, or there exists a combination of more than one
voluntary standards that together serve the purpose of impeding
the propagation of flame into portable fuel containers; (B) the
voluntary standard or combination of voluntary standards is or
will be in effect not later than 18 months after the date of
enactment of this Act; and (C) the voluntary standard or
combination of voluntary standards is developed by ASTM
International or such other standard development organization
that the Commission determines to have met the intent of this
Act. This subsection requires the CPSC to publish its
determination in the Federal Register.
Subsection (d) of this section further specifies that if a
voluntary standard meets the conditions described in subsection
(c), the requirements of such voluntary standard shall be
treated as a consumer product safety rule promulgated under
section 9 of the Consumer Product Safety Act, beginning on the
latter of 180 days after publication of the Commission's
determination in the Federal Register or the effective date
contained in the voluntary standard.
Subsection (e) of this section outlines the procedure for
handling revisions of a voluntary standard that meets the
conditions in subsection (c). This subsection requires the
organization that revised the standard to notify the CPSC after
the final approval of the revision. Not later than 180 days
after the Commission is notified of a revised voluntary
standard, the revised voluntary standard shall become
enforceable as a product safety rule promulgated under section
9 of the Consumer Product Safety Act, in place of the prior
version, unless within 90 days after receiving the notice the
CPSC determines that the revised voluntary standard does not
meet the requirements described in subsection (c).
Subsection (f) of this section clarifies that the CPSC may,
at any time, initiate a rulemaking in accordance with the
Administrative Procedure Act to modify the requirements of the
consumer product safety rule or include any additional
provisions that the Commission determines is reasonably
necessary to protect the public against explosions from a
portable fuel container.
Subsection (g) of this section requires the CPSC to launch
a campaign to educate consumers about the dangers associated
with using or storing portable fuel containers for flammable
liquids near an open flame or any other source of ignition not
later than one year after the date of enactment. This
subsection further specifies that the CPSC shall submit to
Congress a report on this education campaign within two years
of enactment.
Finally, subsection (h) of this section defines the term
``portable fuel container'' as any container intended for
flammable liquid fuels, as well as component parts such as caps
and spouts.
Sec. 3. Children's Gasoline Burn Prevention Act
This section amends the Children's Gasoline Burn Prevention
Act, six months after the date of enactment, to expand existing
child-resistance requirements for closures for portable
gasoline containers to include portable kerosene and diesel
fuel containers and component parts.
XVI. Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
CHILDREN'S GASOLINE BURN PREVENTION ACT
* * * * * * *
SEC. 2. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.
(a) Consumer Product Safety Rule.--The provision of
subsection (b) shall be considered to be a consumer product
safety rule issued by the Consumer Product Safety Commission
under section 9 of the Consumer Product Safety Act (15 U.S.C.
2058).
(b) Requirements.--Effective 6 months after the date of
enactment of this Act, each portable gasoline container
manufactured on or after that date for sale in the United
States shall conform to the child-resistance requirements for
closures on portable gasoline containers specified in the
standard ASTM F2517-05, issued by ASTM International.
(c) Definition.--As used in this Act, the term ``portable
gasoline container'' means any portable gasoline container
intended for use by consumers and any receptacle for gasoline,
kerosene, or diesel fuel, including any spout, cap, and other
closure mechanism and component of such receptacle or any
retrofit or aftermarket spout or component intended or
reasonably anticipated to be for use with such receptacle,
produced or distributed for sale to or use by consumers for
transport of, or refueling of internal combustion engines with,
gasoline, kerosene, or diesel fuel.
(d) Revision of Rule.--If, after the enactment of this Act,
ASTM International proposes to revise the child resistance
requirements of ASTM F2517-05, ASTM International shall notify
the Consumer Product Safety Commission of the proposed revision
and the proposed revision shall be incorporated in the consumer
product safety rule under subsection (a) unless, within 60 days
of such notice, the Commission notifies ASTM International that
the Commission has determined that such revision does not carry
out the purposes of subsection (b).
(e) Implementing Regulations.--Section 553 of title 5, United
States Code, shall apply with respect to the issuance of any
regulations by the Consumer Product Safety Commission to
implement the requirements of this section, and sections 7 and
9 of the Consumer Product Safety Act shall not apply to such
issuance.
(f) Report.--Not later than 2 years after the date of
enactment of this Act, the Consumer Product Safety Commission
shall transmit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on--
(1) the degree of industry compliance with the
standard promulgated under subsection (a);
(2) any enforcement actions brought by the Commission
to enforce such standard; and
(3) incidents involving children interacting with
portable gasoline containers (including both those that
are and are not in compliance with the standard
promulgated under subsection (a)).
* * * * * * *