69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–367 

CHILDREN’S GASOLINE BURN PREVENTION ACT 

OCTOBER 9, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. DINGELL, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 814] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 814) to require the Consumer Product Safety Commission to issue regulations mandating child-resistant closures on 

all portable gasoline containers, having considered the same, report 

favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 1 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 3 

Hearings ................................................................................................................... 3 

Committee Consideration ........................................................................................ 3 

Committee Votes ...................................................................................................... 3 

Committee Oversight Findings ............................................................................... 4 

Statement of General Performance Goals and Objectives .................................... 4 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 4 

Earmarks and Tax and Tariff Benefits .................................................................. 4 

Committee Cost Estimate ....................................................................................... 4 

Congressional Budget Office Estimate ................................................................... 4 

Federal Mandates Statement ................................................................................. 4 

Advisory Committee Statement .............................................................................. 4 

Constitutional Authority Statement ...................................................................... 5 

Applicability to Legislative Branch ........................................................................ 5 

Section-by-Section Analysis of the Legislation ...................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 6 

AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 


cprice-sewell on PROD1PC72 with HEARING
2 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Children’s Gasoline Burn Prevention Act’’. 

SEC. 2. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS. 

(a) CONSUMER PRODUCT SAFETY RULE.—The provision of subsection (b) shall be 

considered to be a consumer product safety rule issued by the Consumer Product 

Safety Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 

2058). 

(b) REQUIREMENTS.—Effective 6 months after the date of enactment of this Act, 

each portable gasoline container manufactured on or after that date for sale in the 

United States shall conform to the child-resistance requirements for closures on 

portable gasoline containers specified in the standard ASTM F2517–05, issued by 

ASTM International. 

(c) DEFINITION.—As used in this Act, the term ‘‘portable gasoline container’’

means any portable gasoline container intended for use by consumers. 

(d) REVISION OF RULE.—If, after the enactment of this Act, ASTM International 

proposes to revise the child resistance requirements of ASTM F2517–05, ASTM 

International shall notify the Consumer Product Safety Commission of the proposed 

revision and the proposed revision shall be incorporated in the consumer product 

safety rule under subsection (a) unless, within 60 days of such notice, the Commission notifies ASTM International that the Commission has determined that such revision does not carry out the purposes of subsection (b). 

(e) IMPLEMENTING REGULATIONS.—Section 553 of title 5, United States Code, shall 

apply with respect to the issuance of any regulations by the Consumer Product Safety Commission to implement the requirements of this section, and sections 7 and 

9 of the Consumer Product Safety Act shall not apply to such issuance. 

(f) REPORT.—Not later than 2 years after the date of enactment of this Act, the 

Consumer Product Safety Commission shall transmit to the Committee on Energy 

and Commerce of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate a report on—

(1) the degree of industry compliance with the standard promulgated under 

subsection (a); 

(2) any enforcement actions brought by the Commission to enforce such standard; and 

(3) incidents involving children interacting with portable gasoline containers 

(including both those that are and are not in compliance with the standard promulgated under subsection (a)). 

PURPOSE AND SUMMARY

The purpose of H.R. 814, the Children’s Gasoline Burn Prevention Act, is to enhance the protection of children from death or serious injury from burn hazards. H.R. 814 requires the same child-resistant caps for all gasoline containers, whether sold with or without gasoline. Although certain State environmental emission and 

spill control laws as well as voluntary child resistance standards 

have been adopted more recently, current Federal law requires 

such caps only on such containers sold with gasoline in them at 

time of sale. H.R. 814 thus requires the Consumer Product Safety 

Commission (CPSC) to issue regulations mandating child-resistant 

closures on all portable gasoline containers, and provides that any 

revisions to the applicable child resistance requirements proposed 

by ASTM International shall be incorporated in the consumer product safety rule. H.R. 814 also requires the CPSC to report to Congress two years after enactment of the legislation on compliance by 

industry, agency enforcement actions, and any reported incidents 

involving children and portable gasoline cans. 

BACKGROUND AND NEED FOR LEGISLATION

Gasoline in cans not secured with child-resistant caps can pose 

a serious danger if small children gain access to them. CPSC data 

estimate that in a single year, over 1,200 children under the age 

of 5 were treated in emergency rooms for injuries related to gasoVerDate Aug 31 2005 12:41 Oct 10, 2007 Jkt 069006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR367.XXX HR367

cprice-sewell on PROD1PC72 with HEARING
3 

line, either through fire, ingestion, or inhalation of fumes. Other 

CPSC data confirm that, over an 11-year period, there were 33 

cases which involved a child under the age of 5 gaining access to 

a gas can. Nineteen of these resulted in deaths. 

The Poison Packaging Prevention Act of 1973 (PPPA) requires 

items containing dangerous or poisonous materials, such as drug 

containers, to be sold with child-resistant caps. The PPPA does not, 

however, apply to portable gasoline cans because the cans are sold 

empty, even though the cans are designed for the purpose of containing gasoline, a flammable substance. This legislation is intended to require that all gasoline cans, whether sold full or empty 

of gasoline, will be required to have the same child-resistant caps. 

HEARINGS

The Subcommittee on Commerce, Trade, and Consumer Protection held a hearing on Tuesday, May 15, 2007, entitled ‘‘Protecting 

Our Children: Current Issues in Consumer Product Safety,’’ which 

examined the performance of the CPSC in safeguarding consumers, 

particularly children, from hazardous products. Testimony was received from the Honorable Nancy A. Nord, Acting CPSC Chairman; 

Mr. Alan Korn, Public Policy Director and General Counsel, Safe 

Kids Worldwide; Ms. Rachel Weintraub, Director of Product Safety 

and Senior Counsel, Consumer Federation of America; Mr. Frederick Locker, General Counsel, Toy Industry Association; Dr. Marla 

Felcher, Adjunct Lecturer, Kennedy School of Government, Harvard University; Mr. James A. Thomas, President, ASTM International; and Ms. Nancy A. Cowles, Executive Director, Kids in 

Danger. 

The Subcommittee also held a legislative hearing on Wednesday, 

June 6, 2007, entitled ‘‘Legislation to Improve Consumer Product 

Safety for Children: H.R. 2474, H.R. 1699, H.R. 814, and H.R. 

1721.’’ Testimony was received from Mr. Edmund Mierzwinski, 

Consumer Program Director, United States Public Interest Research Group and Ms. Sally Greenberg, Senior Product Safety 

Counsel, Consumers Union. 

COMMITTEE CONSIDERATION

On Tuesday, July 31, 2007, the Subcommittee on Commerce, 

Trade, and Consumer Protection met in open markup session and 

favorably forwarded H.R. 814, amended, to the full Committee for 

consideration, by a voice vote. On Tuesday, September 25, 2007, 

the full Committee met in open markup session and ordered H.R. 

814 favorably reported to the House, as amended, by a voice vote, 

a quorum being present. No amendments were offered during full 

Committee consideration. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. There were no 

record votes taken during consideration of H.R. 814 or in ordering 

the bill reported. A motion by Mr. Dingell to order H.R. 814 favorably reported to the House, as amended, was agreed to by a voice 

vote. 


cprice-sewell on PROD1PC72 with HEARING
4 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the oversight findings of the Committee are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The purpose of the legislation is to reduce the harm to individuals, particularly children, by requiring child-resistant closures on 

all portable gasoline containers. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

Regarding compliance with clause 3(c)(2) of rule XIII of the Rules 

of the House of Representatives, the Committee finds that H.R. 814 

would result in no new or increased budget authority, entitlement 

authority, or tax expenditures or revenues. 

EARMARKS AND TAX AND TARIFF BENEFITS

Regarding compliance with clause 9 of rule XXI of the Rules of 

the House of Representatives, H.R. 814 does not contain any Congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(d), 9(e), or 9(f) of rule XXI. 

COMMITTEE COST ESTIMATE

The Committee will adopt as its own the cost estimate prepared 

by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Regarding clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, a cost estimate on H.R. 814 by the Congressional Budget Office pursuant to section 402 of the Congressional 

Budget Act of 1974 was not available as of the time of the filing 

of this report by the Committee. 

FEDERAL MANDATES STATEMENT

The Committee will adopt as its own the estimate of Federal 

mandates prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 

3, which grants Congress the power to regulate commerce with foreign nations, among the several States, and with the Indian tribes. 


cprice-sewell on PROD1PC72 with HEARING
5 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 establishes the short title of the bill as the ‘‘Children’s 

Gasoline Burn Prevention Act’’. 

Section 2. Child-resistant portable gasoline containers 

Section 2(a) provides that the mandated standard for portable 

gasoline containers under this legislation shall be considered to be 

a consumer product safety rule issued by the CPSC pursuant to 

Section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). 

Section 2(b) mandates that, six months after the date of enactment of this legislation, all portable gasoline containers manufactured for sale in the United States shall conform to the child-resistant standard specified in the ‘‘standard ASTM F2517–05,’’ issued 

by ASTM International (ASTM), a private standard-setting organization. 

Additionally, Section 2(b) eliminates Section 9(a)–(f) of the CPSA 

for the purpose of adopting a final safety rule pertaining to portable gasoline containers. The effect of this provision would eliminate the current procedural requirement of issuing an advance notice of proposed rulemaking (‘‘ANPR’’) and notice of proposed rulemaking (‘‘NPR’’) and potentially permit the CPSC to adopt a final 

rule without the Administrative Procedures Act requirement of providing the public with prior notice and an opportunity to submit 

comments on the proposed rule. This bill would also eliminate the 

required findings that the Commission currently must make in the 

ANPR and NPR rulemaking stages. The bill would also eliminate 

findings required in the Final Rule stage, such as a final cost-benefit regulatory analysis, a description of any alternatives to the 

final rule considered by the Commission, a summary of any significant issues raised by comments submitted during the public comment period, a determination that the rule is reasonably necessary 

to eliminate or reduce an unreasonable risk of injury associated 

with the product, and a determination that the rule imposes the 

least burdensome requirement which prevents or adequately reduces the risk of injury for which the rule is being promulgated. 

Section 2(b) would also eliminate the requirement of the Commission to rely upon a voluntary standard when the voluntary standard adequately addresses the risk of injury and there is likely to 

be substantial compliance with it. Other statutory requirements, 

however, such as those of the Regulatory Flexibility Act, Congressional Review Act, and National Environmental Policy Act, would 

continue to apply to the rulemaking. 

While the Committee has serious concerns about removing the 

important requirements of Section 9 of the CPSA, this child-resistant gasoline container cap standard has been recognized as extremely effective. In the interest of protecting children from potenVerDate Aug 31 2005 12:41 Oct 10, 2007 Jkt 069006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR367.XXX HR367

cprice-sewell on PROD1PC72 with HEARING
6 

tial harm, the Committee believes that the removal of these requirements is in the public interest in this instance. 

Section 2(c) defines ‘‘portable gasoline container’’ as any portable 

gasoline container intended for use by consumers. 

Section 2(d) provides that, in the event that ASTM proposes in 

the future to revise the child resistance requirements of ASTM 

F2517–05, ASTM is required to notify the CPSC. The CPSC then 

has 60 days to consider the proposed change. If the CPSC does not 

affirmatively notify ASTM that the proposed change does not meet 

requirements for protecting the public safety, the revised standard 

will replace the standard set forth in this legislation and be considered a consumer product safety rule under section 9. 

Section 2(e) provides that, in the event that the CPSC believes 

that there is a need to promulgate implementing regulations to 

carry out the purposes of this legislation, it may do so pursuant to 

the requirements of the Administrative Procedure Act, 5 U.S.C. 

553. It need not follow the procedures set forth is sections 7 and 

9 of the CPSA. Thus, any implementing regulations would take 

place in a two-part proceeding instead of the three-part proceeding 

required under sections 7 and 9. The bill does not anticipate, however, that implementing regulations should be necessary. The new 

standard thus may take effect one year after enactment without 

any further action by the CPSC. 

Section 2(f) requires, no later than two years after the date of enactment of this legislation, the CPSC to submit a report to the 

Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The report must discuss industry compliance 

with the new standard, CPSC enforcement actions, and incidents 

involving children interacting with portable gasoline cans, whether 

or not such cans are in compliance with the required standard. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

This legislation does not amend any existing Federal statute. 

Æ 


cprice-sewell on PROD1PC72 with HEARING