§2056d — Title 15 Commerce and Trade | U.S. Code

Summary

Requires the Consumer Product Safety Commission (CPSC) to write a final rule within 30 months after December 27, 2020, so portable fuel containers have devices that stop flames from getting into the container. The rule must follow normal rulemaking steps. The CPSC can accept a voluntary safety standard instead if it will be in effect within 18 months after December 27, 2020, and is made by ASTM International or another standards group the CPSC approves. If the CPSC approves a voluntary standard, that standard becomes a federal safety rule either 180 days after the CPSC announces approval or on the standard’s own effective date, whichever is later. If the standard is later changed, the standards group must notify the CPSC and the new version becomes enforceable within 180 days unless the CPSC rejects it within 90 days. The CPSC can also start rule changes anytime to add or change requirements needed to stop flame jetting from these containers. The CPSC must start a public education campaign about the dangers of using or storing portable fuel containers near open flames within 1 year after December 27, 2020, and must send Congress a report on that campaign within 2 years after that date. Portable fuel container means a consumer container of 5 gallons or less for flammable liquids with a flash point under 140°F (for example, gasoline, kerosene, diesel, ethanol), including caps, spouts, and aftermarket parts. The law must not be read to conflict with the Children’s Gasoline Burn Prevention Act. An amendment mentioned in the law takes effect 6 months after December 27, 2020.

Title 15, §2056d

Commerce and Trade — Source: USLM XML via OLRC

(a)This section may be cited as the “Portable Fuel Container Safety Act of 2020”.

(b)(1)Not later than 30 months after December 27, 2020, the Consumer Product Safety Commission (referred to in this section 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 paragraph (3).

(2)A rule under paragraph (1)—

(A)shall be promulgated in accordance with section 553 of title 5; and

(B)shall be treated as a consumer product safety rule promulgated under section 2058 of this title.

(3)(A)Paragraph (1) shall not apply for a class of portable fuel containers in the scope of this section if the Commission determines at any time that—

(i)there is a voluntary standard for flame mitigation devices for those containers that impedes the propagation of flame into the container;

(ii)the voluntary standard described in clause (i) is or will be in effect not later than 18 months after December 27, 2020; and

(iii)the voluntary standard described in clause (i) is developed by ASTM International or such other standard development organization that the Commission determines to have met the intent of this section.

(B)Any determination made by the Commission under this subsection shall be published in the Federal Register.

(4)If the Commission determines that a voluntary standard meets the conditions described in paragraph (3)(A), the requirements of such voluntary standard 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—

(A)180 days after publication of the Commission’s determination under paragraph (3); or

(B)the effective date contained in the voluntary standard.

(5)(A)If the requirements of a voluntary standard that meet the conditions of paragraph (3) are subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision.

(B)Not later than 180 days after the Commission is notified of a revised voluntary standard described in subparagraph (A) (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 2058 of this title, 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 paragraph (3).

(6)The Commission, at any time after publication of the consumer product safety rule required by paragraph (1), a voluntary standard is treated as a consumer product safety rule under paragraph (4), or a revision is enforceable as a consumer product safety rule under paragraph (5) 11 So in original. Probably should be followed by a comma. may initiate a rulemaking in accordance with section 553 of title 5 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 2058 of this title.

(7)(A)Not later than 1 year after December 27, 2020, 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.

(B)Not later than 2 years after December 27, 2020, the Commission shall submit to Congress a summary of actions taken by the Commission in such campaign.

(8)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)—

(A)intended for flammable liquid fuels with a flash point less than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels;

(B)that is a consumer product with a capacity of 5 gallons or less; and

(C)that the manufacturer knows or reasonably should know is used by consumers for transporting, storing, and dispensing flammable liquid fuels.

(9)This section may not be interpreted to conflict with the Children’s Gasoline Burn Prevention Act (Public Law 110–278; 122 Stat. 2602).

(c)(1)

(2)The amendment made by paragraph (1) shall take effect 6 months after December 27, 2020.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This section, referred to in subsec. (b)(1), (3)(A), (8), and (9), was in the original “this Act”, which was translated as reading “this section”, meaning section 901 of Pub. L. 116–260, div. FF, title IX, Dec. 27, 2020, 134 Stat. 3204, to reflect the probable intent of Congress. The Children’s Gasoline Burn Prevention Act, referred to in subsecs. (b)(9) and (c), is Pub. L. 110–278, July 17, 2008, 122 Stat. 2602, which is set out as a note under section 2056 of this title. Codification Section was enacted as the Portable Fuel Container Safety Act of 2020, and not as part of the Consumer Product Safety Act which comprises this chapter. Section is comprised of section 901 of div. FF of Pub. L. 116–260. Subsec. (c)(1) of section 901 of div. FF of Pub. L. 116–260 amended section 2 of Pub. L. 110–278, which is set out in a note under section 2056 of this title.

§2056d Performance Standards to Protect Against Portable Fuel Container Explosions Near Open Flames or Other Ignition Sources

Summary

Title 15, §2056d

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata