2206 Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations 
authority of the FAA Administrator. 
Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority 
described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority, as it amends airspace in Manassas, VA, to support IFR operations in the area. This update is administrative change and does not change the airspace boundaries or operating requirements. 
Availability and Summary of 
Documents for Incorporation by Reference 
This document amends FAA Order JO 
7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022. FAA Order JO 7400.11G is publicly available as listed in the 
ADDRESSES  
section of this document. FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. 
The Rule 
This amendment to 14 CFR part 71 
amends the Class D airspace and Class 
E surface airspace at Manassas Regional Airport/Harry P. Davis Field, Manassas, VA., by updating the geographic coordinates of the airport to coincide with the FAA’s aeronautical database. In addition, this action makes the editorial changes replacing the term Notice to Airmen with Notice to Air Missions and replacing the term Airport/Facility Directory with Chart Supplement. 
This action is an administrative 
change and does not affect the airspace boundaries or operating requirements; therefore, notice and public procedure under 5 U.S.C. 553(b) are unnecessary. 
FAA Order JO 7400.11, Airspace 
Designations and Reporting Points is published yearly and effective on September 15. 
Regulatory Notices and Analyses 
The FAA has determined that this 
regulation only involves an established 
body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It is non-controversial and unlikely to result in adverse or negative comments. It, therefore: (1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. 
Environmental Review 
The FAA has determined that this 
action qualifies for categorical exclusion 
under the National Environmental Policy Act in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 5–6.5. a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. 
Lists of Subjects in 14 CFR Part 71 
Airspace, Incorporation by reference, 
Navigation (air). Adoption of the Amendment 
In consideration of the foregoing, the 
Federal Aviation Administration 
amends 14 CFR part 71 as follows: 
PART 71—DESIGNATION OF CLASS A, 
B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 
■1. The authority citation for part 71 
continues to read as follows: 
Authority: 49 U.S.C. 106(f), 106(g); 40103, 
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 
1959–1963 Comp., p. 389. 
71.1 [Amended] 
■2. The incorporation by reference in 
14 CFR 71.1 of FAA Order 7400.11G, 
Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022, is amended as follows: 
Paragraph 5000 Class D Airspace. 
* * * * * 
AEA VA D Manassas, VA [Amended] 
Manassas Regional Airport/Harry P. Davis 
Field, VA 
(Lat. 38°43′16″ N, long. 77°30′54″ W) 
That airspace extending upward from the 
surface to but not including 2,000 feet MSL 
within a 5-mile radius of the Manassas Regional Airport/Harry P. Davis Field, excluding that airspace within the Washington Tri-Area Class B airspace area. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Air Missions. The effective date and time will thereafter be continuously published in the Chart Supplement. 
Paragraph 6002 Class E Surface Airspace. 
* * * * * 
AEA VA E2 Manassas, VA [Amended] 
Manassas Regional Airport/Harry P. Davis 
Field, VA 
(Lat. 38°43′16″ N, long. 77°30′54″ W) 
That airspace extending upward from the 
surface to but not including 2,000 feet MSL 
within a 5-mile radius of the Manassas Regional Airport/Harry P. Davis Field, excluding that airspace within the Washington Tri-Area Class B airspace area. This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Air Missions. The effective date and time will thereafter be continuously published in the Chart Supplement. 
Issued in College Park, Georgia, on January 
5, 2023. 
Lisa E. Burrows, Manager, Airspace & Procedures Team North, 
Eastern Service Center, Air Traffic Organization. 
[FR Doc. 2023–00268 Filed 1–12–23; 8:45 am] 
BILLING CODE 4910–13–P 
CONSUMER PRODUCT SAFETY 
COMMISSION 
16 CFR Chapter II 
[Docket No. CPSC–2022–0017] 
Determinations Regarding Portable 
Fuel Container Voluntary Standards Under the Portable Fuel Container Safety Act 
AGENCY : Consumer Product Safety 
Commission. 
ACTION : Determinations. 
SUMMARY : The Portable Fuel Container 
Safety Act of 2020 (PFCSA) provides that the Consumer Product Safety Commission (Commission) must promulgate a rule to require flame mitigation devices in portable fuel containers that impede the propagation of flame into the container, unless the Commission determines that there is a voluntary standard for flame mitigation devices that impedes the propagation of flame into the container. The Commission is announcing in this document that it has determined that such voluntary standards exist for all known classes of portable fuel containers. Therefore, the Commission will not be promulgating a final rule, and pursuant to the PFCSA, the requirements of such voluntary standards shall be treated as a consumer product safety rule under the Consumer Product Safety Act (CPSA). 
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1Portable Fuel Container Safety Act of 2020, 
codified at 15 U.S.C. 2056d, as stated Public Law 
116–260, div. FF, title IX, section 901, available at: https://www.govinfo.gov/content/pkg/PLAW- 116publ260/pdf/PLAW-116publ260.pdf. 2CPSC staff’s memorandum ‘‘Voluntary 
Standards Evaluation Under the Portable Fuel 
Container Safety Act of 2020’’ is available at: https://www.cpsc.gov/s3fs-public/Federal-Register- Notice-Notice-of-Commission-Determinations-
Regarding-Voluntary-Standards-Under-the- Portable-Fuel-Container-Safety-Act-of- 2020.pdf?VersionId= vhydmadrMn5PqRmgzmfLxhk80ddFo52E. DATES : The Commission determinations 
made under the PFCSA for ASTM 
F3429/F3429M–20, ASTM F3326–21, and section 18 of UL 30:2022 discussed in this document will be effective by operation of law as consumer product safety rules on July 12, 2023. 
FOR FURTHER INFORMATION CONTACT : 
Jennifer H. Colten, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814– 4408; telephone (301) 504–8165; jcolten@cpsc.gov. 
SUPPLEMENTARY INFORMATION : 
I. The Portable Fuel Container Safety Act of 2020 
The PFCSA
1requires the Commission 
to promulgate, not later than 30 months after December 27, 2020, a final rule to 
require flame mitigation devices in portable fuel containers that impede the propagation of flame into the container. 15 U.S.C. 2056d(b)(1), (2). However, the Commission is not required to promulgate a final rule for a class of portable fuel containers within the scope of the PFCSA if the Commission determines at any time that: 
•There is a voluntary standard for 
flame mitigation devices for those containers that impedes the propagation of flame into the container; 
•The voluntary standard is or will be 
in effect not later than 18 months after the date of enactment of the PFCSA (i.e., June 27, 2022); and 
•The voluntary standard is 
developed by ASTM International or such other standard development organization that the Commission determines to have met the intent of the PFCSA. 
15 U.S.C. 2056d(b)(3)(A). Any such 
Commission determinations regarding applicable voluntary standards must be published in the Federal Register. 15 U.S.C. 2056d(b)(3)(B). 
II. Portable Fuel Container Voluntary 
Standards 
A. Background 
The PFCSA requires the Commission 
to promulgate a final rule to require 
flame mitigation devices on portable fuel containers by June 27, 2023. 15 U.S.C. 2056d(b)(1). The PFCSA provides an exception to the rulemaking requirement if the Commission determines that a voluntary standard for a class of portable fuel containers has requirements for flame mitigation devices that impede the propagation of flames into the container. 15 U.S.C. 2056d(b)(3)(A). The Commission must publish any such determination in the Federal Register, and the requirements of such a voluntary standard ‘‘shall be treated as a consumer product safety rule.’’ 15 U.S.C. 2056d(b)(3)(B) and (b)(4). 
1. Definition of Flame Mitigation Device 
The PFCSA does not define the term 
‘‘flame mitigation device.’’ However, 
ASTM F3429, Standard Specification for Flame Mitigation Devices Installed in Disposable and Pre-Filled Flammable Liquid Containers, defines a ‘‘flame mitigation device’’ as ‘‘a device or feature attached to, installed in, or otherwise integral to, a container that is expected to inhibit the propagation of an external flame into the container.’’ A common type of flame mitigation device used with portable fuel containers is a flame arrestor (also known as flame arrester or flash arresting screen). A flame arrestor is a screen that quenches and cools a flame so that it cannot pass through the flame arrestor. Other examples of flame mitigation devices include, but are not limited to, expanded metal mesh, screens, bladders, pinhole restrictors, and pumps. 
2. Statutory Definition of ‘‘Portable Fuel 
Container’’ 
The PFCSA defines the term ‘‘portable 
fuel container’’ to mean any container or vessel (including any spout, cap, and other closure mechanism or component of such container or vessel or any retrofit or aftermarket spout or component intended or reasonably anticipated to be for use with such container): 
•Intended for flammable liquid fuels 
with a flash point less than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels; 
•That is a consumer product with a 
capacity of 5 gallons or less; and 
•That the manufacturer knows or 
reasonably should know is used by consumers for transporting, storing, and dispensing flammable liquid fuels. 
15 U.S.C. 2056d(b)(8). 
Some examples of portable fuel 
containers include portable gasoline 
containers and containers for cigarette lighter fluid, charcoal lighter fluid, and liquid fireplace fuel (such as firepot fuel). Products that store substances like liquified petroleum gas (‘‘LP gas,’’ commonly called ‘‘propane’’) are not within scope of the statutory definition of ‘‘portable fuel containers’’ because these substances are only liquid at high 
pressure, and when exposed to ambient conditions, readily vaporize. 
3. Flame Jetting Hazard 
The principal hazards that flame 
mitigation devices protect against are 
flame jetting and container rupturing. ‘‘Flame jetting,’’ as defined in ASTM F3429, is a ‘‘phenomenon where an external ignition source causes a sudden ignition within a liquid container that directionally propels burning vapor and liquid from the mouth of the container.’’ Container rupturing is similar to flame jetting, except the burning vapor and liquid exit through a rupture in the container. The injury potential associated with each hazard is the same, severe burns and possible death. Flame jetting typically injures people other than the person holding the container, while container rupturing typically injures the person holding the container. In this notice, references to flame jetting also include container rupturing. 
B. Relevant Voluntary Standards 
The PFCSA allows the Commission to 
separate portable fuel containers into 
different classes. 15 U.S.C. 2056d(b)(3)(A). CPSC staff evaluated the specifications for many portable fuel containers and recommends separating portable fuel containers into two classes: containers sold pre-filled, and containers sold empty. Below are staff’s descriptions and assessments under the PFCSA of the relevant portable fuel container voluntary standards for containers sold pre-filled, and containers sold empty, which together, encompass all known classes of portable fuel containers. A more detailed description of staff’s assessment of the voluntary standards is available in staff’s memorandum.
2 
1. Containers Sold Pre-Filled 
Containers sold pre-filled are likely to 
be discarded by the consumer once the contents (the flammable liquid fuel) are completely used; whereas containers sold empty are specifically designed to be reused. Pre-filled containers and empty containers are used differently and have different product lifespans. The differences also mean that the flame mitigation devices will be subjected to different conditions that can affect 
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performance over time, and therefore, 
requirements differ for pre-filled versus empty containers. For example, pre- filled containers, such as those used for charcoal lighter fluid, can be squeezed easily, and therefore, are likely to create a larger vacuum force pulling external flames into the container. 
a. ASTM F3429/F3429M–20 
Portable fuel containers sold pre-filled 
are within the scope of ASTM F3429/ 
F3429M–20, Standard Specification for 
Performance of Flame Mitigation Devices Installed in Disposable and Pre- Filled Flammable Liquid Containers. ASTM lists the standard as a dual standard in inch-pound (F3429 designation) and metric (F3429M designation) units. Both designations of the standard are substantively identical except for the inch-pound vs metric units used in the standard. ASTM F3429/F3429M was first published in 2020 and has not been revised since publication of the standard. The standard was developed by the ASTM F15.72 subcommittee for Pre-Filled 
Containers of Flammable and Combustible Liquids. 
The standard requires two 
performance tests of the container’s flame mitigation devices. The first is an endurance test, in which the container is subjected to an external and stationary 2.5-inch flame at the mouth of the container for 30 seconds. The second test is a flashback test, in which the container is subjected to an external flash fire near the container mouth. The container passes each test if the contents of the container do not catch fire or otherwise ignite in each of five consecutive trials. The two tests demonstrate that the flame mitigation device impedes the propagation of two different types of ignition sources, a stationary flame and a moving flame. 
2. Containers Sold Empty 
Portable fuel containers sold empty, 
such as gas cans, are designed to receive 
fuel from a service station pump for transfer later into a fuel-powered product, such as a lawnmower. They are designed to be used in this manner many times and to hold flammable liquids for long periods, over large temperature variations. 
Safety cans are portable fuel 
containers sold empty that the U.S. Occupational Safety and Health Administration (OSHA) generally regulates for use in the workplace. OSHA requires spring-loaded or self- closing openings and flash-arresting screens on safety cans, 29 CFR 1926.155(l). OSHA also requires that safety cans be approved by a nationally recognized testing laboratory (NRTL), 29 
CFR 1926.155(a). The OSHA requirements do not specify to which standard an NRTL must test the safety can. Safety cans tend to be more expensive than typical gas cans but are available for purchase by consumers at many physical and online retailers. 
a. ASTM F3326–21 
Portable fuel containers sold empty 
for general consumer use are within the 
scope of ASTM F3326–21, Standard Specification for Flame Mitigation Devices on Portable Fuel Containers. ‘‘Portable Fuel Containers,’’ as used in the title of ASTM F3326, refers to containers that meet the scope of ASTM F852, Standard Specification for 
Portable Gasoline, Kerosene, and Diesel Containers for Consumer Use. ASTM F3326 was initially published in 2019 and has been revised twice. The current version of the standard is ASTM F3326– 21. 
ASTM F3326 requires a performance 
test of the container’s flame mitigation devices after the container is exposed to several use-and-abuse tests. Use-and- 
abuse tests are designed to ensure a flame mitigation device still functions after simulating normal use and reasonably foreseeable abuse of the container over time. The flame mitigation device performance test demonstrates that the container prevents a flame traveling at five meters per second from igniting the contents of the container in each of five consecutive trials. The test also demonstrates that the flame mitigation device impedes the propagation of a rapidly travelling flame front into the container. 
b. UL 30:2022 
Portable fuel containers that are sold 
empty and meet the OSHA requirements 
for safety cans are within the scope of ANSI/CAN/UL/ULC 30:2022 (UL 30:2022), Standard for Safety Metallic 
and Nonmetallic Safety Cans for Flammable and Combustible Liquids. UL 30:2022 is a voluntary standard that covers various requirements for safety cans, including requirements for flame mitigation devices. The standard is under the jurisdiction of UL Standard Technical Panel (STP) 30. The current version of the standard, UL 30:2022, was published in 2022, and it has been in effect since April 29, 2022. 
Section 18 of UL 30 has two 
performance test options. The first option is to subject the safety can mouth to an external and stationary 2.5-inch flame for 30 seconds. The safety can pass the test if the interior content of the safety can does not catch fire or otherwise ignite in each of five consecutive trials. The second 
performance test option is used for safety cans that have a flame arrestor. In this performance test, a 7.5-inch flame is balanced on one side of the flame arrestor as a fuel-air mixture passes through. The flame arrestor fails if the flame crosses the flame arrestor and ignites the fuel-air mixture. CPSC staff advises that compliance to section 18 of UL 30:2022 would meet the OSHA requirement for a ‘‘flash arresting screen.’’ 29 CFR 1926.155(l). 
III. Responses to Comments 
On May 24, 2022, the Commission 
published a notice of availability 
seeking public comment on a CPSC staff draft document, ‘‘Voluntary Standards Evaluation Under the Portable Fuel Container Safety Act of 2020,’’ which provided staff’s initial assessment and recommendations to the Commission regarding whether the relevant voluntary standards qualify for the exception from the rulemaking requirement under the PFCSA. 87 FR 31540. Six comments were submitted in response to the request for comments. The comments generally supported staff’s recommendations and did not suggest any other voluntary standards the Commission should consider when making a determination under the PFCSA, or any class of portable fuel containers that the referenced voluntary standards fail to address. A brief summary of the comments and staff’s responses is provided below. 
Comment: The Portable Fuel 
Container Manufacturers Association (PFCMA) supports CPSC staff’s recommendation to require that products meet the three staff- recommended voluntary standards, as applicable. The PFCMA concurs with CPSC staff’s assessment that the voluntary standards meet the requirements of the PFCSA. The 
PFCMA notes that each of the referenced standards was developed in collaboration with industry, consumer safety advocates, and CPSC experts. Consequently, the PFCMA indicates that the standards promote practical approaches to mitigating the risk of flame-jetting for each application. The PFCMA states that its members have been compliant with the relevant voluntary standards for several years. 
Comment: Zippo Manufacturing 
Company (ZMC) states that it supports CPSC staff’s recommendation to require pre-filled portable fuel containers to meet ASTM F3429. ZMC recommends that CPSC refer to the list found in ASTM F3429 when listing ‘‘other’’ flame mitigation devices. The commenter states that the ASTM 
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3The Commission voted 4–0 to publish this 
document. standard specifies that ‘‘other examples 
of [flame mitigation devices] include, but are not limited to, expanded metal mesh, screens, bladders, pinhole restrictors, and pumps.’’ 
Response: Staff included in its 
briefing memorandum the examples of flame mitigation devices listed in ASTM F3429/F3429M–2020, which include, but are not limited to, expanded metal mesh, screens, bladders, pinhole restrictors, and pumps. 
Comment: Calumet Specialty 
Products Partners, L.P.’s Performance Brand business unit indicates that it did not object to the Commission requiring pre-filled portable fuel containers to meet ASTM F3429/F3429M–20, but they request a delayed effective date of December 31, 2023, due to supply chain delays, testing delays, and time needed to design flame mitigation devices. The commenter also provides technical suggestions for potential future development of ASTM F3429/F3429M– 20. 
SolvChem, Inc., also requests 
additional time to comply with the voluntary standard, requesting an effective date of January 2024, for three reasons: (1) time needed to develop the devices; (2) time needed to test the devices to the standard; and (3) time needed to purchase the tooling and equipment necessary to produce the devices. This commenter asserts that tooling and equipment lead times are at an all-time high, with some lead times expected to be 6 months to a year. The commenter clarifies that the purchase of tooling and equipment must occur after the development and approval of any potential device. 
Response: Under the PFCSA, a 
voluntary standard that the Commission 
determines meets the requirements of the rulemaking exception under PFCSA ‘‘shall be treated as a consumer product safety rule promulgated under section 2058 of this title beginning on the date which is the later of’’ either ‘‘180 days after publication of the Commission’s determination’’ or ‘‘the effective date contained in the voluntary standard.’’ 15 U.S.C. 2056d(b)(4). Here, the later date is 180 days after publication of the Commission’s determinations. Therefore, the relevant voluntary standards will be effective pursuant to the PFCSA 180 days after publication of the Commission’s determinations in this document. We note that the voluntary standard referred to by the commenter has been in place since 2020. 
Comment: R.B. Howes & Co. Inc., asks 
whether ‘‘additives’’ would be considered a ‘‘fuel.’’ The commenter understands that, based on its reading of CPSC staff’s voluntary standards evaluation for the PFCSA, the 
provisions apply to fuels with a flash point below 140 degrees Fahrenheit. The commenter states that it manufactures diesel fuel additives, which, it asserts, are not fuels and have flash points above the 140-degree Fahrenheit threshold. However, the commenter states that it is unclear whether additives with flash points within the scope of the PFCSA would be exempted from the requirements, and therefore, requests clarification. 
Similarly, an anonymous commenter 
asks for the Commission to define ‘‘liquid fuels.’’ This commenter indicates that they represent a contract manufacturer of various chemical products. The commenter understands that, based on their reading of CPSC staff’s voluntary standards evaluation for the PFCSA, the provisions would apply only to fuels and not ‘‘fuel- adjacent products,’’ such as fuel additives. The commenter requests a definition for ‘‘liquid fuels’’ so that businesses have clarity. 
Response: The PFCSA defines 
‘‘portable fuel containers’’ as products ‘‘intended for flammable liquid fuels with a flash point less than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels.’’ 15 U.S.C. 2056d(b)(8)(A). Fuels generally are considered substances that can be burned to release energy, and liquids with a flash point below 140 degrees Fahrenheit are, by the definition of flash 
point, capable of being burned at that temperature. Staff assessed all known flammable liquid fuels with a flash point less than 140 degrees as part of the evaluation of the voluntary standards under the PFCSA. Accordingly, while classification of a particular container for purposes of the PFCSA is case- specific, as a general matter, when a liquid with a flash point less than 140 degrees Fahrenheit is intended to be used as, or in, a fuel mixture to support combustion, it is a fuel under the definition of ‘‘portable fuel containers’’ as indicated in the PFCSA. 
IV. Commission Determinations 
Regarding Portable Fuel Containers Voluntary Standards 
As noted in section I of this 
document, under the PFCSA, the Commission is not required to promulgate a final rule if the requirements for an exception are met for a class of portable fuel containers within the scope of the PFCSA. 15 U.S.C. 2056d(b)(3). 
Portable fuel containers sold pre-filled 
and portable fuel containers sold empty are together subject to three voluntary standards. Based on CPSC staff’s assessment and recommendations regarding the three voluntary standards, and consideration of the comments submitted, the Commission makes the following determinations
3regarding 
ASTM F3429/F3429M–20, ASTM F3326–21, and section 18 of UL 30:2022 under section 2056d(b)(3)(A) of the PFCSA. 
A. Commission Determination 
Regarding ASTM F3429/F3429M–20 
The Commission determines that for 
portable fuel containers sold pre-filled, ASTM F3429/F3429M–20, Standard Specification for Performance of Flame Mitigation Devices Installed in Disposable and Pre-Filled Flammable Liquid Containers, meets the requirements of the exception to rulemaking under the PFCSA. ASTM F3429/F3429M–20 contains effective performance requirements for flame mitigation devices in portable fuel containers that impede the propagation of flame into the container; the standard was in effect before June 27, 2022; and the standard was developed by ASTM International. See 15 U.S.C. 
2056d(b)(3)(A). Based on these findings, the Commission determines that rulemaking is not required under the PFCSA for portable fuel containers sold pre-filled, because ASTM F3429/ F3429M–20 meets the requirements of the PFCSA. 
B. Commission Determination 
Regarding ASTM F3326–21 
The Commission determines that for 
portable fuel containers sold empty, ASTM F3326–21, Standard Specification for Flame Mitigation Devices on Portable Fuel Containers, meets the requirements of the exception to rulemaking under the PFCSA. ASTM F3326–21 contains effective performance requirements for flame mitigation devices in portable fuel containers that impede the propagation of flame into the container; the standard was in effect before June 27, 2022; and the standard was developed by ASTM International. 15 U.S.C. 2056d(b)(3)(A). Based on these findings, the Commission determines that rulemaking is not required under the PFCSA for portable fuel containers sold empty, because ASTM F3326–21 meets the requirements of the PFCSA. 
C. Commission Determination 
Regarding UL 30:2022 
The Commission determines that for 
safety cans sold empty, ANSI/CAN/UL/ 
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ULC 30:2022, Standard for Safety 
Metallic and Nonmetallic Safety Cans for Flammable and Combustible Liquids, meets the requirements of the 
exception to rulemaking under the PFCSA. Section 18 of UL 30:2022 contains effective performance requirements for flame mitigation devices in safety cans that impede the propagation of flame into the container; the standard was in effect before June 27, 2022; and the standard was developed by UL, which, like ASTM International, is an ANSI-accredited standards developer and is experienced in the development of consumer product voluntary standards. 15 U.S.C. 2056d(b)(3)(A). Based on these findings, the Commission determines that rulemaking is not required under the PFCSA for portable fuel containers that are safety cans sold empty, because section 18 of UL 30:2022 meets the requirements of the PFCSA. 
D. Publication of Notice of Commission 
Determinations 
The Commission is publishing this 
notice of Commission determinations in the Federal Register, as required under 
section 2056d(b)(3)(B) of the PFCSA. The three portable fuel container voluntary standards will become effective as mandatory consumer product safety rules on July 12, 2023. 15 U.S.C. 2056d(b)(4). The Commission may in the future issue a direct final rule to incorporate the voluntary standards into the Code of Federal Regulations. 
V. Effect of Commission Determinations 
Regarding Portable Fuel Container Voluntary Standards 
Under the PFCSA, because the 
Commission has determined that the three voluntary standards discussed 
above, collectively covering the two known classes of portable fuel containers, meet the requirements for the exception to the rulemaking requirement, the requirements of those voluntary standards shall be treated as consumer product safety rules promulgated under section 9 of the CPSA (15 U.S.C. 2058), beginning on the date that is the later of 180 days after publication of the Commission’s determination, or the effective date contained in the voluntary standard. 15 U.S.C. 2056d(b)(4). In this instance, the publication of this notice is the later of the two possible statutory dates. Therefore, portable fuel containers manufactured after July 12, 2023 must comply with the requirements of either ASTM F3429/F3429M–20, ASTM F3326–21, or section 18 of UL 30:2022, as applicable. Specifically, portable fuel containers sold pre-filled are required to comply with the requirements of ASTM F3429/F3429M–20. Portable fuel containers sold empty (that are not safety cans) are required to comply with the requirements of ASTM F3326–21. Safety cans are required to meet the requirements of either ASTM F3326–21 or section 18 of UL 30:2022. 
VI. 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, must 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. 15 U.S.C. 2063(a)(1). Under the PFCSA, because of the Commission’s determinations, ASTM F3429/F3429M–20, ASTM F3326–21, and section 18 of UL 30:2022, are considered consumer product safety rules under the CPSA. Therefore, portable fuel containers manufactured after July 12, 2023, are subject to the testing and certification requirements of section 14(a)(1) of the CPSA. 
VII. Public Access to Portable Fuel 
Containers Voluntary Standards 
ASTM F3429/F3429M–20, ASTM 
F3326–21, and UL 30:2022 are available to the public for review, free of charge, as described below. 
For free-of-charge, read-only online 
access to ASTM F3429/F3429M–20: 
•Access ASTM’s CPSC reading room 
at: http://www.astm.org/cpsc.htm. 
•Search for ASTM F3429. 
Note: In the future, read-only access 
to the standard may move to ASTM’s Reading Room at: https://www.astm.org/ products-services/reading-room.html. 
For free-of-charge, read-only online 
access to ASTM F3326–21: 
•Access ASTM’s CPSC reading room 
at: http://www.astm.org/cpsc.htm. 
•Search for ASTM F3326. 
Note: in the future, read-only access 
to the standard may move to ASTM’s Reading Room at: https://www.astm.org/ products-services/reading-room.html. 
For free-of-charge, read-only online 
access to ANSI/CAN/UL/ULC 30:2022: 
•Access UL’s Standards Sale Site at: 
http://shopulstandards.com. 
•Click ‘‘Browse and Buy Standards,’’ 
and search for UL 30. 
•Click ‘‘Digital View,’’ and sign in, or 
create a user account. 
ASTM F3429/F3429M–20, ASTM 
F3326–21, and ANSI/CAN/UL/ULC 30:2022 are also available to review in person through CPSC’s Office of the Secretary, 4330 East West Highway, Bethesda, MD 20814. 
Alberta E. Mills, 
Secretary, Consumer Product Safety 
Commission. 
[FR Doc. 2022–28325 Filed 1–12–23; 8:45 am] 
BILLING CODE 6355–01–P 
DEPARTMENT OF LABOR 
Employment and Training 
Administration 
20 CFR Part 655 Office of Workers’ Compensation 
Programs 
20 CFR Parts 702, 725, and 726 Office of the Secretary 29 CFR Part 5 41 CFR Part 50–201 Wage and Hour Division 29 CFR Parts 500, 501, 503, 530, 570, 
578, 579, 801, 810, and 825 
Occupational Safety and Health 
Administration 
29 CFR Part 1903 Mine Safety and Health Administration 30 CFR Part 100 
RIN 1290–AA46 
Federal Civil Penalties Inflation 
Adjustment Act Annual Adjustments for 2023 
AGENCY : Employment and Training 
Administration, Office of Workers’ Compensation Programs, Office of the Secretary, Wage and Hour Division, Occupational Safety and Health Administration, Employee Benefits Security Administration, and Mine Safety and Health Administration, Department of Labor. 
ACTION : Final rule. 
SUMMARY : The U.S. Department of Labor 
(Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Department, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Inflation Adjustment Act requires the 
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