80_FR_17022 80 FR 16961 - Children's Gasoline Burn Prevention Act Regulation

80 FR 16961 - Children's Gasoline Burn Prevention Act Regulation

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 80, Issue 61 (March 31, 2015)

Page Range16961-16963
FR Document2015-07151

The Children's Gasoline Burn Prevention Act (CGBPA or the Act) adopted the child-resistance requirements for closures on portable gasoline containers--found in the 2005 version of the applicable ASTM rule, F2517-05--as a consumer product safety rule. The 2005 ASTM standard was recently revised. Under the Act, the consumer product standard for portable gasoline containers will, by operation of law, incorporate the 2015 revisions to the child-resistance requirements unless the Commission finds that the revisions do not carry out the purposes of the CGBPA's requirements. The Commission has not found that the revisions fail to carry out the purposes of the CGBPA's requirements. As a result, the 2015 revisions to the child-resistance requirements will be automatically incorporated and apply as the statutorily-mandated standard for closures on portable gasoline containers. This direct final rule is to codify certain sections of the 2015 standard to eliminate potential confusion as to the applicable standard.

Federal Register, Volume 80 Issue 61 (Tuesday, March 31, 2015)
[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Rules and Regulations]
[Pages 16961-16963]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07151]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1460

[Docket No. CPSC-2015-0006]


Children's Gasoline Burn Prevention Act Regulation

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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

SUMMARY: The Children's Gasoline Burn Prevention Act (CGBPA or the Act) 
adopted the child-resistance requirements for closures on portable 
gasoline containers--found in the 2005 version of the applicable ASTM 
rule, F2517-05--as a consumer product safety rule. The 2005 ASTM 
standard was recently revised. Under the Act, the consumer product 
standard for portable gasoline containers will, by operation of law, 
incorporate the 2015 revisions to the child-resistance requirements 
unless the Commission finds that the revisions do not carry out the 
purposes of the CGBPA's requirements. The Commission has not found that 
the revisions fail to carry out the purposes of the CGBPA's 
requirements. As a result, the 2015 revisions to the child-resistance 
requirements will be automatically incorporated and apply as the 
statutorily-mandated standard for closures on portable gasoline 
containers. This direct final rule is to codify certain sections of the 
2015 standard to eliminate potential confusion as to the applicable 
standard.

DATES: This rule will be effective on April 12, 2015, unless the 
Commission receives significant adverse comment by April 3, 2015. If we 
receive timely significant adverse comments, we will publish 
notification in the Federal Register withdrawing this direct final 
rule. The incorporation by reference of the publications listed in this 
rule is approved by the Director of the Federal Register as of April 
12, 2015.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2015-
0006, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. The Commission does not accept 
comments submitted by electronic mail (email), except through 
www.regulations.gov. The Commission encourages you to submit electronic 
comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written comments (paper, disk, or CD-
ROM submissions) by mail/hand delivery/courier to: Office of the 
Secretary, Consumer Product Safety Commission, Room 820, 4330 East West 
Highway, Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received may be posted 
without change, including any personal identifiers, contact 
information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
that you do not want to be available to the public. If furnished at 
all, such information should be submitted in writing.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    The Children's Gasoline Burn Prevention Act. The Children's 
Gasoline Burn Prevention Act was enacted on July 17, 2008. The Act 
establishes as a

[[Page 16962]]

consumer product safety rule ASTM International's (ASTM) F2517-05's 
child-resistance requirements for closures on portable gasoline 
containers. All portable gasoline containers manufactured on or after 
January 17, 2009 for sale to consumers in the United States must 
conform to the 2005 ASTM standard's child-resistance requirements. By 
mandating closures that resist access by children under age 5, the Act 
seeks to reduce hazards to children, including children ingesting 
gasoline and inhaling gasoline fumes, and the risk of burns from fires 
and explosions that may occur when children access gasoline stored in 
portable gasoline containers. The Act did not require the Commission to 
take any action for the Act's provisions to take effect; rather, ASTM 
2715-05's child-resistance requirements were made mandatory through 
operation of law, as discussed below.
    ASTM F2517-05. Under ASTM F2517-05, Standard Specification for 
Determination of Child Resistance of Portable Fuel Containers for 
Consumer Use, closures on affected containers must prove adequately 
resistant to children as old as 4 years and 3 months.
    CGBPA Provisions Regarding Updates to ASTM F2517-05. Under the Act, 
ASTM must notify the Commission of any revision to the child-resistance 
requirements for closures contained in ASTM F2517-05. Once ASTM 
notifies the CPSC of ASTM's revisions to the standard, the revisions 
will be incorporated by operation of law and will become the consumer 
product safety standard within 60 days after such notice unless the 
Commission determines that the revision does not carry out the purposes 
of the child-resistant requirements for closures on portable gasoline 
containers specified in ASTM F2517-05 and so notifies ASTM.
    Under the Act, the ASTM standard for portable gasoline containers 
became, by operation of law, the applicable consumer product safety 
standard. Similarly, any revision to the child-resistance requirements 
of the ASTM standard becomes, by operation of law, part of the 
applicable consumer product safety standard unless the Commission 
determines, within 60 days after receiving notice from ASTM of a 
revised ASTM standard, that the revisions are not acceptable as 
provided in the Act.
    On February 11, 2015, ASTM gave to CPSC notice of revisions to ASTM 
F2517-05. The revised standard is designated F2517-15.
    The Commission has not made a determination that the revisions to 
ASTM F2517-05's child-resistance requirements for closures on portable 
gasoline containers fail to further the purposes of the CGBPA's 
requirements.

II. Description of the Rule

    The rule codifies the child-resistance requirements for closures on 
portable gasoline containers as stated in ASTM F2517-15. As stated 
above, these requirements become mandatory through operation of law; 
the Commission is publishing this rule so that the Code of Federal 
Regulations will reflect the current version of the mandatory standard.

III. Direct Final Rule

    The Commission is issuing this rule as a direct final rule. 
Although the Administrative Procedure Act (APA) generally requires 
notice and comment rulemaking, section 553 of the APA provides an 
exception when the agency, for good cause, finds that notice and public 
procedure are ``impracticable, unnecessary, or contrary to the public 
interest.'' The Administrative Conference of the United States (ACUS) 
endorsed direct final rulemaking as an appropriate procedure to 
expedite promulgation of rules that are noncontroversial and that are 
not expected to generate significant adverse comment. See ACUS, 
Recommendation, 95-4, 60 FR 43108, 43110 (August 18, 1995).
    This rule will codify in the Code of Federal Regulations the child-
resistance requirements of a consumer product safety standard, ASTM 
F2517-15, that already are in full force and effect by operation of 
law. Codification of the rule into CPSC's regulations is intended to 
eliminate potential confusion as to the child-resistance standard 
applicable to portable gasoline containers. In these circumstances 
where the substantive requirements are mandated by statute and have 
become effective under the statute, public comment serves little 
purpose. Moreover, codification of existing substantive requirements is 
not expected to be controversial or to result in significant adverse 
comment. As a result, the Commission believes that issuance of a rule 
codifying the revised standard in these circumstances is appropriate.
    Unless we receive a significant adverse comment by April 3, 2015, 
the rule will become effective on April 12, 2015. In accordance with 
ACUS's recommendation, the Commission considers a significant adverse 
comment to be one in which the commenter explains why the rule would be 
inappropriate, including an assertion challenging the rule's underlying 
premise or approach, or a claim that the rule would be ineffective or 
unacceptable without change. Should the Commission receive a 
significant adverse comment, the Commission would withdraw this direct 
final rule. Depending on the comments and other circumstances, the 
Commission may then incorporate the adverse comment into a subsequent 
direct final rule or publish a notice of proposed rulemaking providing 
an opportunity for public comment.

IV. Incorporation by Reference

    Section 1460.3 of the final rule provides that closures on portable 
gasoline containers must comply with the child-resistance requirements 
of ASTM F2517-15. The Office of the Federal Register (OFR) has 
regulations concerning incorporation by reference. 1 CFR part 51. The 
OFR recently revised these regulations to require that, for a final 
rule, agencies must discuss in the rule's preamble ways that the 
materials the agency incorporates by reference are reasonably available 
to interested persons and how interested parties can obtain the 
materials. In addition, the preamble of the rule must summarize the 
material. 1 CFR 51.5(b).
    In accordance with the OFR's requirements, the discussion in this 
section summarizes the provisions of ASTM F2517-15. Interested persons 
may purchase a copy of ASTM F2517-15 from ASTM, either through ASTM's 
Web site or by mail at the address provided in the rule. One may also 
inspect a copy of the standard at the CPSC's Office of the Secretary, 
U.S. Consumer Product Safety Commission, or at the National Archives 
and Records Administration (NARA), as discussed in the rule.
    The CPSC is incorporating by reference child-resistance 
requirements of ASTM F2517-15 pursuant to the Act because the 
Commission has determined that the revised standard carries out the 
purposes of the child-resistant requirements for closures on portable 
gasoline containers specified in ASTM F2517-05.
    The revised standard, ASTM F2517-15, contains:

 Testing procedures for assessing child-resistance and senior 
adult-use effectiveness for closures on portable gasoline containers
 A minimum required effectiveness rate of child-resistance and 
senior adult-use for closures on portable gasoline containers to 
establish compliance with the standard
 A requirement that child-resistant containers and closures 
first meet the feasible and appropriate spill resistance requirements 
in CARB CP-

[[Page 16963]]

501, TP-501, TP-502, and EPA Regulation 40 CFR 59.623.

Because the scope of the consumer product safety rule is established by 
the CGBPA, this rule does not incorporate by reference the scope 
section of ASTM F2517-15 or Appendix X1 that relates to the scope 
section of ASTM F2517-15.

V. Effective Date

    As discussed in the preceding section, this is a direct final rule. 
Unless the Commission receives a significant adverse comment by April 
3, 2015, the rule will become effective on April 12, 2015.

VI. Other Relevant Statutory Provisions

A. Regulatory Flexibility Act

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

B. Environmental Considerations

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

C. Paperwork Reduction Act

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

VII. Preemption

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

VIII. Certification

    Section 14(a) of the CPSA requires that products subject to a 
consumer product safety rule under the CPSA, or to a similar rule, ban, 
standard, or regulation under any other act enforced by the Commission, 
be certified as complying with all applicable CPSC requirements. 15 
U.S.C. 2063(a). Such certification must be based on a test of each 
product, or on a reasonable testing program. Because ASTM F2517-15 is 
deemed a ``consumer product safety rule'' for CPSA purpose, portable 
gasoline containers manufactured on or after April 12, 2015 are subject 
to the testing and certification requirements of section 14 of the CPSA 
with respect to ASTM F2517-15.

List of Subjects in 16 CFR Part 1460

    Consumer protection, Gasoline, Incorporation by reference, Safety.

    For the reasons stated above, the Commission adds part 1460 to 
subchapter B of title 16 of the Code of Federal Regulations to read as 
follows:

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

Sec.
1460.1 Scope and application.
1460.2 Definition.
1460.3 Requirements for child-resistance for closures on portable 
gasoline containers.

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


Sec.  1460.1  Scope and application.

    In accordance with the Children's Gasoline Burn Prevention Act, 
portable gasoline containers must comply with the requirements 
specified in Sec.  1460.3, which are considered to be a consumer 
product safety rule.


Sec.  1460.2  Definition.

    Portable gasoline container means any portable gasoline container 
intended for use by consumers.


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

    Each portable gasoline container manufactured on or after April 12, 
2015 for sale in the United States shall conform to the child-
resistance requirements for closures on portable gasoline containers 
specified in sections 2 through 6 of ASTM F2517-15 (including 
Appendixes X2 and X3 referenced therein), Standard Specification for 
Determination of Child Resistance of Portable Fuel Containers for 
Consumer Use, approved on January 1, 2015. The Director of the Federal 
Register approves the incorporation by reference listed in this section 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a 
copy of these ASTM standards from ASTM International, 100 Barr Harbor 
Drive, PO Box C700, West Conshohocken, PA 19428-2959 USA, telephone: 
610-832-9585; http://www.astm.org/. You may inspect copies at the 
Office of the Secretary, U.S. Consumer Product Safety Commission, Room 
820, 4330 East West Highway, Bethesda, MD 20814, telephone 301-504-
7923, or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federalregulations/ibr_locations.html.

Alberta E. Mills,
Acting Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2015-07151 Filed 3-30-15; 8:45 am]
 BILLING CODE 6355-01-P



                                                                                                                                                                                                  16961

                                                  Rules and Regulations                                                                                         Federal Register
                                                                                                                                                                Vol. 80, No. 61

                                                                                                                                                                Tuesday, March 31, 2015



                                                  This section of the FEDERAL REGISTER                    § 4.9   The public record.                            DATES:  This rule will be effective on
                                                  contains regulatory documents having general            *     *     *     *   *                               April 12, 2015, unless the Commission
                                                  applicability and legal effect, most of which             (b) * * *                                           receives significant adverse comment by
                                                  are keyed to and codified in the Code of                  (10) * * *                                          April 3, 2015. If we receive timely
                                                  Federal Regulations, which is published under             (viii) The Commission’s annual report               significant adverse comments, we will
                                                  50 titles pursuant to 44 U.S.C. 1510.                   submitted after the end of each fiscal                publish notification in the Federal
                                                  The Code of Federal Regulations is sold by              year, summarizing its work during the                 Register withdrawing this direct final
                                                  the Superintendent of Documents. Prices of              year (with copies obtainable from the                 rule. The incorporation by reference of
                                                  new books are listed in the first FEDERAL               Superintendent of Documents, U.S.                     the publications listed in this rule is
                                                  REGISTER issue of each week.                            Government Publishing Office,                         approved by the Director of the Federal
                                                                                                          Washington, DC 20402) and any other                   Register as of April 12, 2015.
                                                                                                          annual reports made to Congress on                    ADDRESSES: You may submit comments,
                                                  FEDERAL TRADE COMMISSION                                activities of the Commission as required              identified by Docket No. CPSC–2015–
                                                                                                          by law;                                               0006, by any of the following methods:
                                                  16 CFR Part 4                                           *     *     *     *   *                                 Electronic Submissions: Submit
                                                  Revisions to Rules of Practice                                                                                electronic comments to the Federal
                                                                                                          Donald S. Clark,
                                                                                                                                                                eRulemaking Portal at: http://
                                                  AGENCY:    Federal Trade Commission.                    Secretary.
                                                                                                                                                                www.regulations.gov. Follow the
                                                                                                          [FR Doc. 2015–07117 Filed 3–30–15; 8:45 am]           instructions for submitting comments.
                                                  ACTION:   Final rules; technical correction.
                                                                                                          BILLING CODE 6750–01–P                                The Commission does not accept
                                                  SUMMARY:    The Federal Trade                                                                                 comments submitted by electronic mail
                                                  Commission published final rules on                                                                           (email), except through
                                                  March 23, 2015, revising certain of its                 CONSUMER PRODUCT SAFETY                               www.regulations.gov. The Commission
                                                  rules of practice. This document makes                  COMMISSION                                            encourages you to submit electronic
                                                  a technical correction to those final                                                                         comments by using the Federal
                                                  rules.                                                  16 CFR Part 1460                                      eRulemaking Portal, as described above.
                                                  DATES: Effective March 31, 2015.                        [Docket No. CPSC–2015–0006]                             Written Submissions: Submit written
                                                  FOR FURTHER INFORMATION CONTACT: G.                                                                           comments (paper, disk, or CD–ROM
                                                  Richard Gold, Attorney, (202) 326–3355,                 Children’s Gasoline Burn Prevention                   submissions) by mail/hand delivery/
                                                  Office of the General Counsel, Federal                  Act Regulation                                        courier to: Office of the Secretary,
                                                  Trade Commission, 600 Pennsylvania                      AGENCY: Consumer Product Safety                       Consumer Product Safety Commission,
                                                  Avenue NW., Washington, DC 20580.                       Commission.                                           Room 820, 4330 East West Highway,
                                                  SUPPLEMENTARY INFORMATION: The                                                                                Bethesda, MD 20814; telephone (301)
                                                                                                          ACTION: Direct final rule.
                                                  Commission published a document in                                                                            504–7923.
                                                  the Federal Register of March 23, 2015                  SUMMARY:   The Children’s Gasoline Burn                 Instructions: All submissions received
                                                  (80 FR 15157), revising certain of its                  Prevention Act (CGBPA or the Act)                     must include the agency name and
                                                  rules of practice. The document                         adopted the child-resistance                          docket number for this notice. All
                                                  contained an incorrect paragraph                        requirements for closures on portable                 comments received may be posted
                                                  reference in amendatory instruction 17                  gasoline containers—found in the 2005                 without change, including any personal
                                                  that referenced ‘‘(a)(10)(viii)’’ instead of            version of the applicable ASTM rule,                  identifiers, contact information, or other
                                                  ‘‘(b)(10)(viii).’’ This document                        F2517–05—as a consumer product                        personal information provided, to
                                                  corrections the erroneous paragraph                     safety rule. The 2005 ASTM standard                   http://www.regulations.gov. Do not
                                                  reference.                                              was recently revised. Under the Act, the              submit confidential business
                                                                                                          consumer product standard for portable                information, trade secret information, or
                                                  List of Subjects in 16 CFR Part 4                       gasoline containers will, by operation of             other sensitive or protected information
                                                    Administrative practice and                           law, incorporate the 2015 revisions to                that you do not want to be available to
                                                  procedure, Freedom of information,                      the child-resistance requirements unless              the public. If furnished at all, such
                                                  Public record.                                          the Commission finds that the revisions               information should be submitted in
                                                    For the reasons set forth in the                      do not carry out the purposes of the                  writing.
                                                  preamble, the Federal Trade                             CGBPA’s requirements. The                             FOR FURTHER INFORMATION CONTACT: John
                                                  Commission amends title 16, chapter I,                  Commission has not found that the                     Boja, Office of Compliance and Field
                                                  subchapter A of the Code of Federal                     revisions fail to carry out the purposes              Operations, Consumer Product Safety
                                                  Regulations as follows:                                 of the CGBPA’s requirements. As a                     Commission, 4330 East West Highway,
                                                                                                          result, the 2015 revisions to the child-              Bethesda, MD 20814–4408; telephone
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  PART 4—MISCELLANEOUS RULES                              resistance requirements will be                       (301) 504–7300; jboja@cpsc.gov.
                                                                                                          automatically incorporated and apply as               SUPPLEMENTARY INFORMATION:
                                                  ■ 1. The authority citation for part 4
                                                                                                          the statutorily-mandated standard for
                                                  continues to read as follows:                                                                                 I. Background
                                                                                                          closures on portable gasoline containers.
                                                    Authority: 15 U.S.C. 46, unless otherwise             This direct final rule is to codify certain              The Children’s Gasoline Burn
                                                  noted.                                                  sections of the 2015 standard to                      Prevention Act. The Children’s Gasoline
                                                  ■ 2. Amend § 4.9 by revising paragraph                  eliminate potential confusion as to the               Burn Prevention Act was enacted on
                                                  (b)(10)(viii) to read as follows:                       applicable standard.                                  July 17, 2008. The Act establishes as a


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                                                  16962              Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Rules and Regulations

                                                  consumer product safety rule ASTM                       gasoline containers fail to further the               unacceptable without change. Should
                                                  International’s (ASTM) F2517–05’s                       purposes of the CGBPA’s requirements.                 the Commission receive a significant
                                                  child-resistance requirements for                                                                             adverse comment, the Commission
                                                                                                          II. Description of the Rule
                                                  closures on portable gasoline containers.                                                                     would withdraw this direct final rule.
                                                  All portable gasoline containers                           The rule codifies the child-resistance             Depending on the comments and other
                                                  manufactured on or after January 17,                    requirements for closures on portable                 circumstances, the Commission may
                                                  2009 for sale to consumers in the United                gasoline containers as stated in ASTM                 then incorporate the adverse comment
                                                  States must conform to the 2005 ASTM                    F2517–15. As stated above, these                      into a subsequent direct final rule or
                                                  standard’s child-resistance                             requirements become mandatory                         publish a notice of proposed rulemaking
                                                  requirements. By mandating closures                     through operation of law; the                         providing an opportunity for public
                                                  that resist access by children under age                Commission is publishing this rule so                 comment.
                                                  5, the Act seeks to reduce hazards to                   that the Code of Federal Regulations
                                                  children, including children ingesting                  will reflect the current version of the               IV. Incorporation by Reference
                                                  gasoline and inhaling gasoline fumes,                   mandatory standard.                                      Section 1460.3 of the final rule
                                                  and the risk of burns from fires and                    III. Direct Final Rule                                provides that closures on portable
                                                  explosions that may occur when                                                                                gasoline containers must comply with
                                                  children access gasoline stored in                         The Commission is issuing this rule                the child-resistance requirements of
                                                  portable gasoline containers. The Act                   as a direct final rule. Although the                  ASTM F2517–15. The Office of the
                                                  did not require the Commission to take                  Administrative Procedure Act (APA)                    Federal Register (OFR) has regulations
                                                  any action for the Act’s provisions to                  generally requires notice and comment                 concerning incorporation by reference. 1
                                                  take effect; rather, ASTM 2715–05’s                     rulemaking, section 553 of the APA
                                                                                                                                                                CFR part 51. The OFR recently revised
                                                  child-resistance requirements were                      provides an exception when the agency,
                                                                                                                                                                these regulations to require that, for a
                                                  made mandatory through operation of                     for good cause, finds that notice and
                                                                                                                                                                final rule, agencies must discuss in the
                                                  law, as discussed below.                                public procedure are ‘‘impracticable,
                                                                                                                                                                rule’s preamble ways that the materials
                                                     ASTM F2517–05. Under ASTM                            unnecessary, or contrary to the public
                                                                                                                                                                the agency incorporates by reference are
                                                  F2517–05, Standard Specification for                    interest.’’ The Administrative
                                                                                                                                                                reasonably available to interested
                                                  Determination of Child Resistance of                    Conference of the United States (ACUS)
                                                                                                                                                                persons and how interested parties can
                                                  Portable Fuel Containers for Consumer                   endorsed direct final rulemaking as an
                                                                                                                                                                obtain the materials. In addition, the
                                                  Use, closures on affected containers                    appropriate procedure to expedite
                                                                                                                                                                preamble of the rule must summarize
                                                  must prove adequately resistant to                      promulgation of rules that are
                                                                                                          noncontroversial and that are not                     the material. 1 CFR 51.5(b).
                                                  children as old as 4 years and 3 months.                                                                         In accordance with the OFR’s
                                                     CGBPA Provisions Regarding Updates                   expected to generate significant adverse
                                                                                                          comment. See ACUS, Recommendation,                    requirements, the discussion in this
                                                  to ASTM F2517–05. Under the Act,                                                                              section summarizes the provisions of
                                                  ASTM must notify the Commission of                      95–4, 60 FR 43108, 43110 (August 18,
                                                                                                          1995).                                                ASTM F2517–15. Interested persons
                                                  any revision to the child-resistance                                                                          may purchase a copy of ASTM F2517–
                                                  requirements for closures contained in                     This rule will codify in the Code of
                                                                                                          Federal Regulations the child-resistance              15 from ASTM, either through ASTM’s
                                                  ASTM F2517–05. Once ASTM notifies                                                                             Web site or by mail at the address
                                                  the CPSC of ASTM’s revisions to the                     requirements of a consumer product
                                                                                                          safety standard, ASTM F2517–15, that                  provided in the rule. One may also
                                                  standard, the revisions will be                                                                               inspect a copy of the standard at the
                                                  incorporated by operation of law and                    already are in full force and effect by
                                                                                                          operation of law. Codification of the                 CPSC’s Office of the Secretary, U.S.
                                                  will become the consumer product
                                                                                                          rule into CPSC’s regulations is intended              Consumer Product Safety Commission,
                                                  safety standard within 60 days after
                                                                                                          to eliminate potential confusion as to                or at the National Archives and Records
                                                  such notice unless the Commission
                                                                                                          the child-resistance standard applicable              Administration (NARA), as discussed in
                                                  determines that the revision does not
                                                                                                          to portable gasoline containers. In these             the rule.
                                                  carry out the purposes of the child-
                                                                                                          circumstances where the substantive                      The CPSC is incorporating by
                                                  resistant requirements for closures on
                                                                                                          requirements are mandated by statute                  reference child-resistance requirements
                                                  portable gasoline containers specified in
                                                                                                          and have become effective under the                   of ASTM F2517–15 pursuant to the Act
                                                  ASTM F2517–05 and so notifies ASTM.
                                                     Under the Act, the ASTM standard for                 statute, public comment serves little                 because the Commission has
                                                  portable gasoline containers became, by                 purpose. Moreover, codification of                    determined that the revised standard
                                                  operation of law, the applicable                        existing substantive requirements is not              carries out the purposes of the child-
                                                  consumer product safety standard.                       expected to be controversial or to result             resistant requirements for closures on
                                                  Similarly, any revision to the child-                   in significant adverse comment. As a                  portable gasoline containers specified in
                                                  resistance requirements of the ASTM                     result, the Commission believes that                  ASTM F2517–05.
                                                  standard becomes, by operation of law,                  issuance of a rule codifying the revised                 The revised standard, ASTM F2517–
                                                  part of the applicable consumer product                 standard in these circumstances is                    15, contains:
                                                  safety standard unless the Commission                   appropriate.                                          • Testing procedures for assessing
                                                  determines, within 60 days after                           Unless we receive a significant                       child-resistance and senior adult-use
                                                  receiving notice from ASTM of a revised                 adverse comment by April 3, 2015, the                    effectiveness for closures on portable
                                                  ASTM standard, that the revisions are                   rule will become effective on April 12,                  gasoline containers
                                                  not acceptable as provided in the Act.                  2015. In accordance with ACUS’s                       • A minimum required effectiveness
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                                                     On February 11, 2015, ASTM gave to                   recommendation, the Commission                           rate of child-resistance and senior
                                                  CPSC notice of revisions to ASTM                        considers a significant adverse comment                  adult-use for closures on portable
                                                  F2517–05. The revised standard is                       to be one in which the commenter                         gasoline containers to establish
                                                  designated F2517–15.                                    explains why the rule would be                           compliance with the standard
                                                     The Commission has not made a                        inappropriate, including an assertion                 • A requirement that child-resistant
                                                  determination that the revisions to                     challenging the rule’s underlying                        containers and closures first meet the
                                                  ASTM F2517–05’s child-resistance                        premise or approach, or a claim that the                 feasible and appropriate spill
                                                  requirements for closures on portable                   rule would be ineffective or                             resistance requirements in CARB CP–


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                                                                     Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Rules and Regulations                                               16963

                                                     501, TP–501, TP–502, and EPA                         2075(a), provides that where a                        gasoline containers must comply with
                                                     Regulation 40 CFR 59.623.                            ‘‘consumer product safety standard                    the requirements specified in § 1460.3,
                                                  Because the scope of the consumer                       under [the CPSA]’’ is in effect and                   which are considered to be a consumer
                                                  product safety rule is established by the               applies to a product, no state or political           product safety rule.
                                                  CGBPA, this rule does not incorporate                   subdivision of a state may either
                                                                                                          establish or continue in effect a                     § 1460.2   Definition.
                                                  by reference the scope section of ASTM                                                                          Portable gasoline container means
                                                  F2517–15 or Appendix X1 that relates to                 requirement dealing with the same risk
                                                                                                          of injury unless the state requirement is             any portable gasoline container
                                                  the scope section of ASTM F2517–15.                                                                           intended for use by consumers.
                                                                                                          identical to the federal standard.
                                                  V. Effective Date                                       (Section 26(c) of the CPSA also provides              § 1460.3 Requirements for child-resistance
                                                    As discussed in the preceding section,                that states or political subdivisions of              for closures on portable gasoline
                                                  this is a direct final rule. Unless the                 states may apply to the Commission for                containers.
                                                  Commission receives a significant                       an exemption from this preemption                        Each portable gasoline container
                                                  adverse comment by April 3, 2015, the                   under certain circumstances).                         manufactured on or after April 12, 2015
                                                  rule will become effective on April 12,                    As discussed above, under the                      for sale in the United States shall
                                                  2015.                                                   CGBPA, the child-resistance                           conform to the child-resistance
                                                                                                          requirements of ASTM F2517–15                         requirements for closures on portable
                                                  VI. Other Relevant Statutory Provisions                 became a consumer product standard                    gasoline containers specified in sections
                                                                                                          for CPSA purposes. Children’s Gasoline                2 through 6 of ASTM F2517–15
                                                  A. Regulatory Flexibility Act
                                                                                                          Burn Prevention Act, Pub. L 110–278,                  (including Appendixes X2 and X3
                                                     The Regulatory Flexibility Act (RFA)                 Sec. 2(a) (July 17, 2008). The child-                 referenced therein), Standard
                                                  generally requires an agency to prepare                 resistance requirements of ASTM                       Specification for Determination of Child
                                                  a regulatory flexibility analysis of any                F2517–15, which will be codified under                Resistance of Portable Fuel Containers
                                                  rule subject to notice and comment                      this rule, will invoke the preemptive                 for Consumer Use, approved on January
                                                  rulemaking requirements under the                       effect of section 26(a) of the CPSA.                  1, 2015. The Director of the Federal
                                                  Administrative Procedure Act or any                                                                           Register approves the incorporation by
                                                  other statutes unless the agency certifies              VIII. Certification
                                                                                                                                                                reference listed in this section in
                                                  that the rule will not have a significant                  Section 14(a) of the CPSA requires                 accordance with 5 U.S.C. 552(a) and 1
                                                  economic impact on a substantial                        that products subject to a consumer                   CFR part 51. You may obtain a copy of
                                                  number of small entities. 5 U.S.C. 603                  product safety rule under the CPSA, or                these ASTM standards from ASTM
                                                  and 605. This rule merely codifies                      to a similar rule, ban, standard, or                  International, 100 Barr Harbor Drive, PO
                                                  requirements that will take effect                      regulation under any other act enforced               Box C700, West Conshohocken, PA
                                                  through operation of law as specified in                by the Commission, be certified as                    19428–2959 USA, telephone: 610–832–
                                                  the CGBPA. The rule does not impose                     complying with all applicable CPSC                    9585; http://www.astm.org/. You may
                                                  any requirements beyond those put in                    requirements. 15 U.S.C. 2063(a). Such                 inspect copies at the Office of the
                                                  place by the CGBPA. Thus, the rule does                 certification must be based on a test of              Secretary, U.S. Consumer Product
                                                  not create new substantive obligations                  each product, or on a reasonable testing              Safety Commission, Room 820, 4330
                                                  for any entity, including any small                     program. Because ASTM F2517–15 is                     East West Highway, Bethesda, MD
                                                  entity. Accordingly, the Commission                     deemed a ‘‘consumer product safety                    20814, telephone 301–504–7923, or at
                                                  certifies that the rule will not have a                 rule’’ for CPSA purpose, portable                     the National Archives and Records
                                                  significant impact on a substantial                     gasoline containers manufactured on or                Administration (NARA). For
                                                  number of small entities.                               after April 12, 2015 are subject to the               information on the availability of this
                                                                                                          testing and certification requirements of             material at NARA, call 202–741–6030,
                                                  B. Environmental Considerations
                                                                                                          section 14 of the CPSA with respect to                or go to: http://www.archives.gov/
                                                    The Commission’s regulations                          ASTM F2517–15.                                        federal_register/code_of_
                                                  provide a categorical exclusion for the
                                                                                                          List of Subjects in 16 CFR Part 1460                  federalregulations/ibr_locations.html.
                                                  Commission’s rules from any
                                                  requirement to prepare an                                 Consumer protection, Gasoline,                      Alberta E. Mills,
                                                  environmental assessment or an                          Incorporation by reference, Safety.                   Acting Secretary, U.S. Consumer Product
                                                  environmental impact statement                            For the reasons stated above, the                   Safety Commission.
                                                  because they ‘‘have little or no potential              Commission adds part 1460 to                          [FR Doc. 2015–07151 Filed 3–30–15; 8:45 am]
                                                  for affecting the human environment.’’                  subchapter B of title 16 of the Code of               BILLING CODE 6355–01–P
                                                  16 CFR 1021.5(c)(2). This rule falls                    Federal Regulations to read as follows:
                                                  within the categorical exclusion, so no
                                                  environmental assessment or                             PART 1460—CHILDREN’S GASOLINE                         DEPARTMENT OF HOUSING AND
                                                  environmental impact statement is                       BURN PREVENTION ACT                                   URBAN DEVELOPMENT
                                                  required.                                               REGULATION
                                                                                                                                                                24 CFR Chapters VIII and IX
                                                  C. Paperwork Reduction Act                              Sec.
                                                                                                          1460.1 Scope and application.                         [Docket No. FR–5779–N–01]
                                                    This direct final rule contains no                    1460.2 Definition.
                                                  collection of information. Therefore,                   1460.3 Requirements for child-resistance              HUD Approval of Requests for
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  clearance by the Office of Management                        for closures on portable gasoline                Transfers of Multifamily Housing
                                                  and Budget under the Paperwork                               containers.                                      Project-Based Rental Assistance, HUD-
                                                  Reduction Act of 1995 (44 U.S.C. 3501–                    Authority: Sec. 2, Pub. L. 110–278, 122             Held or Insured Debt, and Income-
                                                  3520) is not required.                                  Stat. 2602.                                           Based Use Restrictions
                                                  VII. Preemption                                         § 1460.1    Scope and application.                    AGENCY:  Office of the Assistant
                                                    Section 26(a) of the Consumer                           In accordance with the Children’s                   Secretary for Housing-Federal Housing
                                                  Product Safety Act (CPSA), 15 U.S.C.                    Gasoline Burn Prevention Act, portable                Commissioner, HUD.


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Document Created: 2015-12-18 11:48:25
Document Modified: 2015-12-18 11:48:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis rule will be effective on April 12, 2015, unless the Commission receives significant adverse comment by April 3, 2015. If we receive timely significant adverse comments, we will publish notification in the Federal Register withdrawing this direct final rule. The incorporation by reference of the publications listed in this rule is approved by the Director of the Federal Register as of April 12, 2015.
ContactJohn Boja, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814-4408; telephone (301) 504-7300; [email protected]
FR Citation80 FR 16961 
CFR AssociatedConsumer Protection; Gasoline; Incorporation by Reference and Safety

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