82 FR 58728 - Revision to Children's Gasoline Burn Prevention Act Regulation
CONSUMER PRODUCT SAFETY COMMISSION Federal Register Volume 82, Issue 239 (December 14, 2017)
Federal Register Volume 82, Issue 239 (December 14, 2017)
| Page Range | 58728-58731 | |
| FR Document | 2017-26954 |
[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)] [Rules and Regulations] [Pages 58728-58731] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26954] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1460 [Docket No. CPSC-2015-0006] Revision to 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 as a consumer product safety rule, the child-resistance requirements for closures on portable gasoline containers published in the ASTM voluntary standard, Standard Specification for Determination of Child Resistance of Portable Fuel Containers for Consumer Use, ASTM F2517-05. ASTM F2517 was revised in 2015. These revisions became law under the Act, which the Commission codified through a direct final rule in 2015. On November 13, 2017, the Commission received notice from ASTM that a revision to ASTM F2517 was published in November 2017. In this direct final rule the Commission reviews and evaluates the revised ASTM F2517, finding that the revisions carry out the purposes of the CGBPA's requirements. Accordingly, the 2017 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 updates the Commission's regulation to reflect that the requirements for closures on portable gasoline containers must meet the requirements in ASTM F2517-17. DATES: This rule will be effective on January 12, 2018, unless the Commission receives significant adverse comment by December 28, 2017. 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 publication listed in this rule is approved by the Director of the Federal Register as of January 12, 2018. 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 CGBPA was enacted on July 17, 2008. The Act established as a 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 ASTM F2517's child- resistance requirements. By mandating closures that resist access by children up to 51 months of age (4 years and 3 months), 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 undertake 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. The Children's Gasoline Burn Prevention Act, Public Law 110-278; 122 Stat. 2602, Sec. 2(b) (July 17, 2008), codified as a note to 15 U.S.C. 2056. CGBPA Provisions Regarding Updates to ASTM F2517. Under the Act, ASTM must notify the Commission of any revision to the child-resistance requirements for closures contained in ASTM F2517. Once ASTM notifies the CPSC of ASTM's revisions to this voluntary standard, the revisions will be incorporated by operation of law and will become the consumer product safety standard within 60 days after such notice. However, the Commission can prevent such incorporation if the Commission determines that revisions to the voluntary standard do not carry [[Page 58729]] out the purposes of the child-resistance requirements for closures on portable gasoline containers as specified in ASTM F2517, and so notifies ASTM. On February 11, 2015, ASTM gave notice to CPSC of revisions to ASTM F2517-05. The revised standard was designated as ASTM F2517-15. The Commission determined that the revisions to the voluntary standard stated in ASTM F2517-15 carried out the purposes of the child- resistance requirements for closures on portable gasoline containers. Accordingly, by operation of law, the revisions became effective 60 days after February 11, 2015, on April 13, 2015. So that the Code of Federal Regulations would include the standard, the Commission published a direct final rule, 80 FR 16961 (March 31, 2015), codifying the Commission's incorporation by reference of ASTM F2517-15 at 16 CFR part 1460. 2017 Revisions to ASTM F2517. On November 13, 2017, ASTM notified the Commission that it has again revised ASTM F2517. On October 1, 2017, ASTM approved publication of ASTM F2517-17, and published the standard in November 2017. Unless the Commission determines that the revisions to ASTM F2517-17 fail to carry out the purposes of the child- resistance requirements for closures on portable gasoline containers specified in ASTM F2517, and notifies ASTM of this determination, the revisions to ASTM F2517 become a mandatory consumer product safety standard by operation of law, effective January 12, 2018. As set forth in this preamble, the Commission has determined that the revisions made to ASTM F2517 carry out the purposes of the child- resistance requirements for closures on portable gasoline containers. Accordingly, by operation of law, the requirements for closures on portable gasoline containers, as specified in ASTM F2517-17, are mandatory for all such containers sold or imported into the United States that were manufactured on or after January 12, 2018. To provide clarity to the regulated industry, the Commission will revise our regulation at 16 CFR part 1460 to reflect the incorporation by reference of this revised voluntary standard. II. Description of the Rule The rule codifies the child-resistance requirements for closures on portable gasoline containers as stated in ASTM F2517-17. These requirements are mandatory effective January 12, 2018. The Commission is publishing this direct final rule incorporating by reference ASTM F2517-17 so that the Code of Federal Regulations will reflect the current version of this mandatory standard. Revisions to ASTM F2517 in the 2017 update increase the stringency of the testing requirements or refine the testing environment to aid in test reliability. These changes are described in more detail in the Staff's Briefing Memorandum.\1\ Changes to the voluntary standard include: --------------------------------------------------------------------------- \1\ Staff Briefing Memorandum available at https://www.cpsc.gov/s3fs-public/ChildrensGasolineBurnPreventionActRegulation.pdf?OrMoO3W9UP6IAQT1mSA5JLORRPgJA_n9. ---------------------------------------------------------------------------Reducing the amount of water required in a tested container from a half-filled container to a quarter-filled container. Decreasing the amount of liquid required for the test makes the container weigh less, increasing the likelihood that children are able to manipulate a container to access the liquid. For containers with multiple closures, removing the requirement to seal off closures not being tested. Manufacturers report that children are distracted by sealing mechanisms on closures not being tested. Accordingly, this revision removes the distraction and focuses the children's attention on attempting to open, or ``get the liquid out'' of the closure being tested. Although children are instructed to try and open one closure at a time on the container, the test is strengthened by failing a container if a child is able to access liquid from any closure during testing. Adding requirements to measure and document the torque needed to secure a closure. Currently, the standard requires testing on new portable gasoline containers that have not been exposed to fuel or residue. ASTM members are concerned that degradation of a portable gasoline container could occur after exposure to fuel, which may affect the torque value of the child-resistant closures. This requirement is intended to aid in consideration of a future provision that would limit the change in torque value after exposure to fuel. Clarifying test instructions and requirements to remove possible ambiguities in the test procedure. ASTM F2517-17 adds information and instructions regarding how manufacturers should seek consent for testing children at daycare facilities. The revised standard also updates instructions given to the children during testing to reflect newer child resistant closure technology that does not necessarily ``open'' in the traditional sense. Children are now instructed: ``Please try to open this for me or get the liquid out.'' Allowing the option to use central location testing. Previously, testing was primarily conducted at daycare facilities. Manufacturers expressed frustration with the decreasing number of daycare facilities willing to participate in testing portable gasoline containers. ASTM F2517-17 allows the option to conduct testing at a central location, providing a more feasible testing venue and allowing the industry to continue to develop newer child-safe products. Additionally, a new Appendix to ASTM F2517-17 provides non-mandatory recommendations for laboratory testing procedures that are intended to prevent fraud in testing. After reviewing the changes to the child-resistance requirements in F2517-17, as outlined above, the Commission determines that the revised standard carries out the purposes of the Act for closures on portable gasoline containers. Each revision increases the stringency of the testing requirements or refines the testing environment to aid in test reliability. Accordingly, the 2017 revisions to the child-resistance requirements of ASTM F2517 will be incorporated into the CPSC mandatory rule, as provided in the Act. However, 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 F2517-17 or Appendix X2 that relates to the scope section of ASTM F2517-17. III. Direct Final Rule The Commission is issuing this rule as a direct final rule. The Administrative Procedure Act (APA) generally requires notice and comment rulemaking except 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. ACUS also recommended using direct final rulemaking when an agency concludes that notice and comment is ``unnecessary'' under the APA's good cause exemption. See ACUS, Recommendation, 95-4, 60 FR 43108, 43110 (August 18, 1995). This rule will revise the reference at 16 CFR part 1460 to refer to ASTM F2517-17, which will be in full force and effect by operation of law on January 12, 2018. In these circumstances, where the substantive [[Page 58730]] requirements are mandated by statute and become effective under the statute, public comment on updating the reference to the ASTM standard serves little purpose. Moreover, we do not expect that updating the reference would be controversial or result in significant adverse comment. As a result, the Commission believes that a direct final rule codifying the revised standard in these circumstances is appropriate. Unless we receive a significant adverse comment by December 28, 2017, the rule will become effective on January 12, 2018. 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 F2517-17. The Office of the Federal Register (OFR) has regulations concerning incorporation by reference. 1 CFR part 51. The OFR's regulation requires 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 to the rule must summarize the material. 1 CFR 51.5(b). In accordance with the OFR's requirements, section II of this preamble summarizes the provisions of ASTM F2517-17. Interested persons may purchase a copy of ASTM F2517-17 from ASTM, either through ASTM's website 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. V. Effective Date As discussed in the preceding section, this is a direct final rule. Unless the Commission receives a significant adverse comment by December 28, 2017, the rule will become effective on January 12, 2018. Portable gasoline containers manufactured or imported on or after January 12, 2018 must comply with the child-resistance requirements for closures on portable gasoline containers in ASTM F2517-17. 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 APA 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 updates the reference in part 1460 to reflect requirements in the revised voluntary standard, ASTM F2517-17, that will take effect through operation of law, as specified in the CGBPA. Because the rule does not impose any requirements beyond those put in place by the CGBPA, 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. As discussed above, under the CGBPA, the child-resistance requirements of ASTM F2517 are a consumer product safety standard under the CPSA. Children's Gasoline Burn Prevention Act, Public Law 110-278, Sec. 2(a) (July 17, 2008). The child-resistance requirements of ASTM F2517-17, 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 F2517-17 is a consumer product safety rule under the CPSA, portable gasoline containers manufactured or imported on or after January 12, 2018, are subject to the testing and certification requirements of section 14 of the CPSA with respect to ASTM F2517-17. List of Subjects in 16 CFR Part 1460 Consumer protection, Gasoline, Incorporation by reference, Safety. For the reasons stated above, the Commission amends 16 CFR part 1460 as follows: PART 1460--CHILDREN'S GASOLINE BURN PREVENTION ACT REGULATION 0 1. The authority citation for part 1460 continues to read as follows: Authority: Sec. 2, Pub. L. 110-278, 122 Stat. 2602. 0 2. Revise Sec. 1460.3 to read as follows: Sec. 1460.3 Requirements for child-resistance for closures on portable gasoline containers. Each portable gasoline container manufactured on or after January 12, 2018 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 F2517-17 (including Appendices X1, X3, and X4), Standard Specification for Determination of Child Resistance of Portable Fuel Containers for Consumer Use, approved on October 1, 2017. The Director of the Federal Register approves the incorporation by reference listed in this section in accordance with [[Page 58731]] 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: www.archives.gov/federal-register/cfr/ibr-locations.html. Alberta E. Mills, Acting Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2017-26954 Filed 12-13-17; 8:45 am] BILLING CODE 6355-01-P
![58728 Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations
conducted under a contract, grant, or adopted as a consumer product safety comments received may be posted
cooperative agreement with a rule, the child-resistance requirements without change, including any personal
department, agency, or instrumentality for closures on portable gasoline identifiers, contact information, or other
of the U.S. government (or under a containers published in the ASTM personal information provided, to
subcontract between the prime voluntary standard, Standard http://www.regulations.gov. Do not
contractor of the department, agency, or Specification for Determination of Child submit confidential business
instrumentality, and the person subject Resistance of Portable Fuel Containers information, trade secret information, or
to paragraph (a)), with the approval of for Consumer Use, ASTM F2517–05. other sensitive or protected information
the FAA, or under an exemption issued ASTM F2517 was revised in 2015. that you do not want to be available to
by the FAA. The FAA will process These revisions became law under the the public. If furnished at all, such
requests for approval or exemption in a Act, which the Commission codified information should be submitted in
timely manner, with the order of through a direct final rule in 2015. On writing.
preference being: First, for those November 13, 2017, the Commission FOR FURTHER INFORMATION CONTACT: John
operations in support of U.S. received notice from ASTM that a Boja, Office of Compliance and Field
government-sponsored activities; revision to ASTM F2517 was published Operations, Consumer Product Safety
second, for those operations in support in November 2017. In this direct final Commission, 4330 East West Highway,
of government-sponsored activities of a rule the Commission reviews and Bethesda, MD 20814–4408; telephone
foreign country with the support of a evaluates the revised ASTM F2517, (301) 504–7300; jboja@cpsc.gov.
U.S. government department, agency, or finding that the revisions carry out the
instrumentality; and third, for all other SUPPLEMENTARY INFORMATION:
purposes of the CGBPA’s requirements.
operations. Accordingly, the 2017 revisions to the I. Background
(d) Emergency situations. In an child-resistance requirements will be
emergency that requires immediate The Children’s Gasoline Burn
automatically incorporated and apply as Prevention Act. The CGBPA was
decision and action for the safety of the the statutorily mandated standard for
flight, the pilot in command of an enacted on July 17, 2008. The Act
closures on portable gasoline containers. established as a consumer product
aircraft may deviate from this section to This direct final rule updates the
the extent required by that emergency. safety rule ASTM International’s
Commission’s regulation to reflect that (ASTM) F2517–05’s child-resistance
Except for U.S. air carriers and the requirements for closures on
commercial operators that are subject to requirements for closures on portable
portable gasoline containers must meet gasoline containers. All portable
the requirements of 14 CFR part 119, the requirements in ASTM F2517–17.
121, 125, or 135, each person who gasoline containers manufactured on or
DATES: This rule will be effective on after January 17, 2009 for sale to
deviates from this section must, within January 12, 2018, unless the
10 days of the deviation, excluding consumers in the United States must
Commission receives significant adverse conform to ASTM F2517’s child-
Saturdays, Sundays, and Federal comment by December 28, 2017. If we
holidays, submit to the nearest FAA resistance requirements. By mandating
receive timely significant adverse closures that resist access by children
Flight Standards District Office (FSDO) comments, we will publish notification
a complete report of the operations of up to 51 months of age (4 years and 3
in the Federal Register withdrawing months), the Act seeks to reduce
the aircraft involved in the deviation, this direct final rule. The incorporation
including a description of the deviation hazards to children, including children
by reference of the publication listed in ingesting gasoline and inhaling gasoline
and the reasons for it. this rule is approved by the Director of
(e) Expiration. This SFAR will remain fumes, and the risk of burns from fires
the Federal Register as of January 12, and explosions that may occur when
in effect until January 7, 2020. The FAA
2018. children access gasoline stored in
may amend, rescind, or extend this
SFAR as necessary. ADDRESSES: You may submit comments, portable gasoline containers. The Act
identified by Docket No. CPSC–2015– did not require the Commission to
Issued in Washington, DC, under the undertake any action for the Act’s
authority of 49 U.S.C. 106(f) and (g), 0006, by any of the following methods:
40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), Electronic Submissions: Submit provisions to take effect; rather, ASTM
on December 8, 2017. electronic comments to the Federal 2715–05’s child-resistance requirements
Michael P. Huerta, eRulemaking Portal at: http:// were made mandatory through
Administrator. www.regulations.gov. Follow the operation of law. The Children’s
instructions for submitting comments. Gasoline Burn Prevention Act, Public
[FR Doc. 2017–26903 Filed 12–13–17; 8:45 am]
The Commission does not accept Law 110–278; 122 Stat. 2602, Sec. 2(b)
BILLING CODE 4910–13–P
comments submitted by electronic mail (July 17, 2008), codified as a note to 15
(email), except through U.S.C. 2056.
www.regulations.gov. The Commission CGBPA Provisions Regarding Updates
CONSUMER PRODUCT SAFETY encourages you to submit electronic to ASTM F2517. Under the Act, ASTM
COMMISSION comments by using the Federal must notify the Commission of any
eRulemaking Portal, as described above. revision to the child-resistance
16 CFR Part 1460
Written Submissions: Submit written requirements for closures contained in
[Docket No. CPSC–2015–0006] comments (paper, disk, or CD–ROM ASTM F2517. Once ASTM notifies the
submissions) by mail/hand delivery/ CPSC of ASTM’s revisions to this
Revision to Children’s Gasoline Burn courier to: Office of the Secretary, voluntary standard, the revisions will be
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Prevention Act Regulation Consumer Product Safety Commission, incorporated by operation of law and
AGENCY: Consumer Product Safety Room 820, 4330 East West Highway, will become the consumer product
Commission. Bethesda, MD 20814; telephone (301) safety standard within 60 days after
ACTION: Direct final rule. 504–7923. such notice. However, the Commission
Instructions: All submissions received can prevent such incorporation if the
SUMMARY: The Children’s Gasoline Burn must include the agency name and Commission determines that revisions
Prevention Act (CGBPA or the Act) docket number for this notice. All to the voluntary standard do not carry
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requirements are mandated by statute Commission receives a significant of injury unless the state requirement is
and become effective under the statute, adverse comment by December 28, identical to the federal standard. As
public comment on updating the 2017, the rule will become effective on discussed above, under the CGBPA, the
reference to the ASTM standard serves January 12, 2018. Portable gasoline child-resistance requirements of ASTM
little purpose. Moreover, we do not containers manufactured or imported on F2517 are a consumer product safety
expect that updating the reference or after January 12, 2018 must comply standard under the CPSA. Children’s
would be controversial or result in with the child-resistance requirements Gasoline Burn Prevention Act, Public
significant adverse comment. As a for closures on portable gasoline Law 110–278, Sec. 2(a) (July 17, 2008).
result, the Commission believes that a containers in ASTM F2517–17. The child-resistance requirements of
direct final rule codifying the revised ASTM F2517–17, which will be
VI. Other Relevant Statutory Provisions
standard in these circumstances is codified under this rule, will invoke the
appropriate. A. Regulatory Flexibility Act preemptive effect of section 26(a) of the
Unless we receive a significant The Regulatory Flexibility Act (RFA) CPSA.
adverse comment by December 28, generally requires an agency to prepare
2017, the rule will become effective on VIII. Certification
a regulatory flexibility analysis of any
January 12, 2018. In accordance with rule subject to notice and comment Section 14(a) of the CPSA requires
ACUS’s recommendation, the rulemaking requirements under the that products subject to a consumer
Commission considers a significant APA or any other statutes unless the product safety rule under the CPSA, or
adverse comment to be one in which the agency certifies that the rule will not to a similar rule, ban, standard, or
commenter explains why the rule would have a significant economic impact on regulation under any other act enforced
be inappropriate, including an assertion a substantial number of small entities. 5 by the Commission, be certified as
challenging the rule’s underlying U.S.C. 603 and 605. This rule updates complying with all applicable CPSC
premise or approach, or a claim that the the reference in part 1460 to reflect requirements. 15 U.S.C. 2063(a). Such
rule would be ineffective or requirements in the revised voluntary certification must be based on a test of
unacceptable without change. Should standard, ASTM F2517–17, that will each product, or on a reasonable testing
the Commission receive a significant take effect through operation of law, as program. Because ASTM F2517–17 is a
adverse comment, the Commission specified in the CGBPA. Because the consumer product safety rule under the
would withdraw this direct final rule. rule does not impose any requirements CPSA, portable gasoline containers
Depending on the comments and other beyond those put in place by the manufactured or imported on or after
circumstances, the Commission may CGBPA, the rule does not create new January 12, 2018, are subject to the
then incorporate the adverse comment substantive obligations for any entity, testing and certification requirements of
into a subsequent direct final rule or including any small entity. Accordingly, section 14 of the CPSA with respect to
publish a notice of proposed rulemaking the Commission certifies that the rule ASTM F2517–17.
providing an opportunity for public will not have a significant impact on a
comment. List of Subjects in 16 CFR Part 1460
substantial number of small entities.
Consumer protection, Gasoline,
IV. Incorporation by Reference B. Environmental Considerations Incorporation by reference, Safety.
Section 1460.3 of the final rule The Commission’s regulations For the reasons stated above, the
provides that closures on portable provide a categorical exclusion for the Commission amends 16 CFR part 1460
gasoline containers must comply with Commission’s rules from any as follows:
the child-resistance requirements of requirement to prepare an
ASTM F2517–17. The Office of the environmental assessment or an PART 1460—CHILDREN’S GASOLINE
Federal Register (OFR) has regulations environmental impact statement BURN PREVENTION ACT
concerning incorporation by reference. 1 because they ‘‘have little or no potential REGULATION
CFR part 51. The OFR’s regulation for affecting the human environment.’’
requires that, for a final rule, agencies ■ 1. The authority citation for part 1460
16 CFR 1021.5(c)(2). This rule falls
must discuss in the rule’s preamble continues to read as follows:
within the categorical exclusion, so no
ways that the materials the agency environmental assessment or Authority: Sec. 2, Pub. L. 110–278, 122
incorporates by reference are reasonably environmental impact statement is Stat. 2602.
available to interested persons and how required. ■ 2. Revise § 1460.3 to read as follows:
interested parties can obtain the
materials. In addition, the preamble to C. Paperwork Reduction Act § 1460.3 Requirements for child-resistance
the rule must summarize the material. 1 This direct final rule contains no for closures on portable gasoline
CFR 51.5(b). collection of information. Therefore, containers.
In accordance with the OFR’s clearance by the Office of Management Each portable gasoline container
requirements, section II of this preamble and Budget under the Paperwork manufactured on or after January 12,
summarizes the provisions of ASTM Reduction Act of 1995 (44 U.S.C. 3501– 2018 for sale in the United States shall
F2517–17. Interested persons may 3520) is not required. conform to the child-resistance
purchase a copy of ASTM F2517–17 requirements for closures on portable
VII. Preemption gasoline containers specified in sections
from ASTM, either through ASTM’s
website or by mail at the address Section 26(a) of the Consumer 2 through 6 of ASTM F2517–17
provided in the rule. One may also Product Safety Act (CPSA), 15 U.S.C. (including Appendices X1, X3, and X4),
sradovich on DSK3GMQ082PROD with RULES
inspect a copy of the standard at the 2075(a), provides that where a Standard Specification for
CPSC’s Office of the Secretary, U.S. ‘‘consumer product safety standard Determination of Child Resistance of
Consumer Product Safety Commission. under [the CPSA]’’ is in effect and Portable Fuel Containers for Consumer
applies to a product, no state or political Use, approved on October 1, 2017. The
V. Effective Date subdivision of a state may either Director of the Federal Register
As discussed in the preceding section, establish or continue in effect a approves the incorporation by reference
this is a direct final rule. Unless the requirement dealing with the same risk listed in this section in accordance with
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5 U.S.C. 552(a) and 1 CFR part 51. You require hyperlinks to any exhibits filed programming changes have now been
may obtain a copy of these ASTM with Form ABS–EE is June 1, 2018. completed.10
standards from ASTM International, 100 FOR FURTHER INFORMATION CONTACT: Any registrant filing a Form 10–D on
Barr Harbor Drive, PO Box C700, West Kayla Roberts, Special Counsel, at (202) or after June 1, 2018, must include a
Conshohocken, PA 19428–2959 USA; 551–3850, in the Office of Structured hyperlink to any exhibit filed with Form
telephone: 610–832–9585; http:// Finance, Division of Corporation ABS–EE that is included in the exhibit
www.astm.org/. You may inspect copies Finance, U.S. Securities and Exchange index of Form 10–D.11
at the Office of the Secretary, U.S. Commission, 100 F Street NE, By the Commission.
Consumer Product Safety Commission, Washington, DC 20549. Dated: December 11, 2017.
Room 820, 4330 East West Highway,
SUPPLEMENTARY INFORMATION: On March Brent J. Fields,
Bethesda, MD 20814, telephone 301–
1, 2017, the Commission adopted rule Secretary.
504–7923, or at the National Archives
and form amendments requiring [FR Doc. 2017–26982 Filed 12–13–17; 8:45 am]
and Records Administration (NARA).
registrants that file registration
For information on the availability of BILLING CODE 8011–01–P
statements and reports subject to the
this material at NARA, call 202–741–
exhibit requirements under Item 601 of
6030, or go to: www.archives.gov/
Regulation S–K,1 or that file Forms F– SECURITIES AND EXCHANGE
federal-register/cfr/ibr-locations.html.
10 2 or 20–F,3 to include a hyperlink to COMMISSION
Alberta E. Mills, each exhibit listed in the exhibit index
Acting Secretary, U.S. Consumer Product of these filings.4 To enable the inclusion 17 CFR Parts 232, 239, 249, 270, and
Safety Commission. of hyperlinks, the amendments also 274
[FR Doc. 2017–26954 Filed 12–13–17; 8:45 am] require that registrants submit all filings [Release Nos. 33–10442; 34–82241; IC–
BILLING CODE 6355–01–P on EDGAR in HyperText Markup 32936; File No. S7–08–15]
Language (‘‘HTML’’) format because the
American Standard Code for RIN 3235–AL42
SECURITIES AND EXCHANGE Information Interchange (‘‘ASCII’’)
format cannot support functional Investment Company Reporting
COMMISSION Modernization
hyperlinks.5
17 CFR Parts 229, 232, 239 and 249 The amendments took effect on AGENCY: Securities and Exchange
September 1, 2017 for most registrants. Commission.
[Release Nos. 33–10446; 34–82280; File No. Registrants that are ‘‘smaller reporting
S7–19–16] ACTION: Temporary final rule.
companies,’’ as defined in Rule 405 6
RIN 3235–AL95 under the Securities Act of 1933 and SUMMARY: The Securities and Exchange
Rule 12b–2 7 under the Securities Commission (the ‘‘Commission’’) is
Compliance Date for Form 10–D Exchange Act of 1934, or are neither adopting a temporary final rule that
Hyperlink Requirements ‘‘large accelerated filers’’ nor requires funds in larger fund groups to
‘‘accelerated filers,’’ as defined in maintain in their records the
AGENCY: Securities and Exchange Exchange Act Rule 12b–2, and that information that is required to be
Commission. submit filings in ASCII will not need to included in Form N–PORT, in lieu of
ACTION: Notification of compliance date. comply with the new rules until filing reports with the Commission,
September 1, 2018, one year after the until April 2019. As a result, larger
SUMMARY: The Securities and Exchange
effective date for other filers.8 The funds groups will be required to begin
Commission (‘‘Commission’’) is
Commission deferred establishing a submitting reports on Form N–PORT on
publishing this document to inform the
compliance date for any Form 10–D the Electronic Data Gathering, Analysis,
public that it has set a compliance date
filing that will require a hyperlink to an and Retrieval (‘‘EDGAR’’) system by
for its previously-adopted exhibit
exhibit filed with Form ABS–EE until April 30, 2019, and smaller fund groups
hyperlinking requirements for Form 10–
Commission staff completed will be required to begin submitting
Ds that require hyperlinks to any
programming changes to EDGAR to reports on Form N–PORT by April 30,
exhibits filed with Form ABS–EE. The
allow Form 10–D filers to include the 2020. The information that funds in
Commission on March 1, 2017 required
Form 10–D and Form ABS–EE in a larger fund groups maintain in their
registrants that file registration
single EDGAR submission so that the records will be subject to examination
statements and reports subject to the
required hyperlinks could be created at by the Commission. In addition, the
exhibit requirements under Item 601 of
the time the Form 10–D is filed.9 Such Commission is delaying the rescission
Regulation S–K, or that file Forms F–10
of current Form N–Q and delaying the
or 20–F, to include a hyperlink to each 1 17 CFR 229.601. effectiveness of certain amendments to
exhibit listed in the exhibit index of 2 17 CFR 239.40. other rules and forms.
these filings, but deferred setting a 3 17 CFR 249.220f
compliance date with respect to any 4 Exhibit Hyperlinks and HTML Format, Release
DATES: Effective January 16, 2018 until
Form 10–D that will require hyperlinks Nos. 33–10322, 34–80132 (March 1, 2017) [82 FR March 31, 2026. The effective date for
to any exhibits filed with Form ABS–EE 14130 (March 17, 2017)] (‘‘Hyperlinks Release’’). the amendments to 17 CFR 232.401,
until the Commission announced that 5 See id. at Section I. 249.332, 270.8b–33, 270.30a–2,
6 17 CFR 230.405.
technical programming changes to allow 7 17 CFR 240.12b–2.
sradovich on DSK3GMQ082PROD with RULES
10 Adoption of Updated EDGAR Manual, Release
issuers to include Form 10–D and Form 8 See Hyperlinks Release, supra note 1, at Section No. 33–10444, (December 8, 2017), available at
ABS–EE in a single submission had II.B.3. https://www.sec.gov/rules/final.shtml.
been completed, and published a 9 See Hyperlinks Release, supra note 1, at n. 55 11 Issuers are not required to submit their Form
notification of the compliance date for (explaining that asset-backed issuers are required to 10–D and Form ABS–EE in a single submission. An
Form 10–D in the Federal Register. incorporate by reference Form ABS–EE information issuer may file a Form 10–D and Form ABS–EE in
in Form 10–D and how the hyperlinking separate submissions and comply with the new
DATES: The compliance date with requirement applies with respect to Form 10–D requirements by including an external hyperlink in
respect to any Form 10–D that will filings) & n.72 and accompanying text. the Form 10–D to a previously filed Form ABS–EE.
VerDate Sep<11>2014 15:57 Dec 13, 2017 Jkt 244001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\14DER1.SGM 14DER1](https://thefederalregister.org/doc/82_FR_58967/page/4.svg)
Document Created: 2018-10-25 10:53:45
Document Modified: 2018-10-25 10:53:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule will be effective on January 12, 2018, unless the Commission receives significant adverse comment by December 28, 2017. 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 publication listed in this rule is approved by the Director of the Federal Register as of January 12, 2018. | |
| 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] | |
| FR Citation | 82 FR 58728 | |
| CFR Associated | Consumer Protection; Gasoline; Incorporation by Reference and Safety |
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