G/TBT/N/USA/1871  
25 May 2022  
(22-4043) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Consumer Product Safety Commission (CPSC) [1901]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indica ted if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other  [X]: Announcing availability of a draft document to evaluate voluntary standards 
for a class of portable fuel containers within the scope of the Portable Fuel Container 
Safety Act (PFSCA) of 2020.  
4. Products covered (HS or CCCN where applicable, otherwise nat ional tariff 
heading. ICS numbers may be provided in addition, where applicable):  Portable 
fuel containers; Fire protection (ICS code(s): 13.220.20); Protection against excessive 
pressure (ICS code(s): 13.240); Protection against dangerous goods (ICS code( s): 
13.300); Fluid storage devices (ICS code(s): 23.020)  
5. Title, number of pages and language(s) of the notified document:  Notice of 
Availability: Voluntary Standards Evaluation Under the Portable Fuel Container Safety Act 
of 2020; (2 page(s), in Englis h) 
6. Description of content:  Notice of availability - The Consumer Product Safety 
Commission (Commission or CPSC) is announcing the availability of a draft document 
titled, "Voluntary Standards Evaluation Under the Portable Fuel Container Safety Act 
(PFSCA) of 2020." The PFCSA requires the Commission, not later than 27 June 2023, to 
promulgate a final rule to require flame mitigation devices in portable fuel containers that 
impede the propagation of flame into the container 15 U.S.C. 2056d(b)(1) . The PFCSA 
states, however, that the Commission is not required to promulgate a final rule if the 
Commission determines that the requirements for an exception relating to voluntary 
standards are met. 15 U.S.C. 2056d(b)(3)(A) . Specifically, the Commission may rely on 
voluntary standards instead of the required rulemaking for a class of portable fuel 
containers within the scope of the Act if certai n requirements are met.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety  G/TBT/N/USA/1871  
 
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  8. Relevant documents:   
87 Federal Register (FR) 31540, 24 May 2022:  
https://www.govinfo.gov/content/pkg/FR -2022-05-24/html/2022 -11094.htm  
https://www.govin fo.gov/content/pkg/FR -2022-05-24/pdf/2022 -11094.pdf  
This notice of availability is identified by Docket Number CPSC -2022-0017. The Docket 
Folder is available from Regulations.gov at https://www.regulations.gov/docket/CPSC -
2022-0017/d ocument  and provides access to primary and supporting documents as well 
as comments received. Documents are also accessible from Regulations.gov  by searching 
the Docket Number. WTO Members and their stakeholders are asked to submit comments 
to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 23 June 2022. Comments 
received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be 
shared with the regulator and will also be submitted to the Docket  on Regulations.gov if 
received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  23 June 2022  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2022/TBT/USA/22_3736_00_e.pdf