[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9078-9079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02562]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Chapter 1461
[Docket No. CPSC-2022-0017]
Notice of Availability of Updated ASTM Standard Under the
Portable Fuel Container Safety Act
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of availability and request for comment.
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SUMMARY: In August 2023, the U.S. Consumer Product Safety Commission
(Commission or CPSC) determined under the Portable Fuel Container
Safety Act of 2020 (PFCSA) that ASTM F3429/F3429M-23 is a consumer
product safety standard that impedes the propagation of flames into
pre-filled portable fuel containers, and therefore incorporated the
voluntary standard by reference as a mandatory rule. ASTM has since
notified the Commission that it has revised this voluntary standard.
CPSC seeks comment on whether the revision meets the PFCSA's
requirements for adoption in the mandatory rule.
DATES: Comments must be received by February 23, 2024.
ADDRESSES: Submit comments, identified by Docket No. CPSC-2022-0017, by
any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://www.regulations.gov. Follow the
instructions for submitting comments. Do not submit through this
website: confidential business information, trade secret information,
or other sensitive or protected information that you do not want to be
available to the public. CPSC typically does not accept comments
submitted by email, except as described below.
Mail/Hand Delivery/Courier/Confidential Written Submissions: CPSC
encourages you to submit electronic comments by using the Federal
eRulemaking Portal. You may, however, submit comments by mail, hand
delivery, or courier to: Office of the Secretary, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, MD 20814;
telephone: (301) 504-7479.
[[Page 9079]]
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided, to https://www.regulations.gov. If you wish to
submit confidential business information, trade secret information, or
other sensitive or protected information that you do not want to be
available to the public, you may submit such comments by mail, hand
delivery, or courier, or you may email them to: [email protected].
Docket: For access to the docket to read background documents or
comments received, go to: https://www.regulations.gov, and insert the
docket number, CPSC-2022-0017, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Scott Ayers, U.S. Consumer Product
Safety Commission, 5 Research Place, Rockville, MD 20850; telephone:
301-987-2030; email: [email protected].
SUPPLEMENTARY INFORMATION: The PFCSA requires the Commission to
promulgate 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
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; 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). After publication of the Federal Register
notification announcing the Commission's positive determination, the
requirements of such a voluntary standard ``shall be treated as a
consumer product safety rule.'' 15 U.S.C. 2056d(b)(2)(B) and (b)(4).
Under this authority, on January 13, 2023, the Commission published a
notification determining that three voluntary standards for portable
fuel containers meet the requirements of the PFCSA and would be treated
as consumer product safety rules: ASTM F3429/F3429M-20 (pre-filled
containers); ASTM F3326-21 (containers sold empty); and section 18 of
UL 30:2022 (safety cans). 88 FR 2206.
Portable fuel containers sold pre-filled are within the scope of
ASTM F3429/F3429M, 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 units (F3429 designation) and metric units (F3429M designation).
ASTM F3429/F3429M was first published in 2020. ASTM published a revised
version of ASTM F3429/F3429M-20 in May 2023, as ASTM F3429/F3429M-23.
On August 22, 2023, the Commission determined that the 2023 revisions
met the requirements of section 2056d(b)(3)(A) of the PFCSA.
Accordingly, ASTM F3429/F3429M-23 is the current mandatory consumer
product safety rule for pre-filled-portable fuel containers. On October
31, 2023, the Commission published a direct final rule creating 16 CFR
part 1461 for portable fuel containers to incorporate by reference the
revised ASTM F3429/F3429M-23, as well as ASTM F3326-21 and section 18
of UL 30:2022.5. 88 FR 74342.
Under section (b)(5) of the PFCSA, if the requirements of a
voluntary standard that meet the requirements of section (b)(3) are
subsequently revised, the organization that revised the standard shall
notify the Commission after the final approval of the revision. 15
U.S.C. 2056d(b)(5). Any such revision to the voluntary standard shall
become enforceable as the new consumer product safety rule not later
than 180 days after the Commission is notified of a revised voluntary
standard that meets the conditions of section (b)(3) (or such later
date as the Commission determines appropriate), unless the Commission
determines, within 90 days after receiving the notification, that the
revised voluntary standard does not meet the requirements described in
section (b)(3) of the PFCSA. 15 U.S.C. 2056d(b)(5).
On January 29, 2024, ASTM notified the Commission that it had
approved and published ASTM F3429/F3429M-24. CPSC staff is assessing
the revised voluntary standard to determine, consistent with section
(b)(5) of the PFCSA, whether the revisions in ASTM F3429/F3429M-24 meet
the requirements of section (b)(3)(A) of the PFCSA listed above. The
Commission invites public comment on that question to inform staff's
assessment and any subsequent Commission consideration of the revisions
in ASTM F3429/F3429M-24.\1\
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\1\ The Commission voted 4-0 to publish this notification.
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ASTM F3429/F3429M-24 is available for review in several ways. ASTM
has provided on its website (at www.astm.org/CPSC.htm), at no cost, a
read-only copy of ASTM F3429/F3429M-24, including a red-lined version
that identifies the changes made to ASTM F3429/F3429M-23. A read-only
copy of the existing standard (ASTM F3429/F3429M-23) is available for
viewing, at no cost, on the ASTM website at: www.astm.org/READINGLIBRARY/. Interested parties can also download copies of the
standards by purchasing them from ASTM International, 100 Barr Harbor
Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; phone: 610-832-
9500; https://www.astm.org. Alternatively, interested parties can
schedule an appointment to inspect copies of the standards at CPSC's
Office of the Secretary, U.S. Consumer Product Safety Commission, 4330
East West Highway, Bethesda, MD 20814, telephone: 301-504-7479.
Comments must be received by February 23, 2024. Because of the
short statutory time frame Congress established for the Commission to
consider revised voluntary standards under section (b)(5) of the PFCSA,
CPSC will not consider comments received after this date.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-02562 Filed 2-8-24; 8:45 am]
BILLING CODE 6355-01-P