This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

16961 

Vol. 80, No. 61 

Tuesday, March 31, 2015 

FEDERAL TRADE COMMISSION 

16 CFR Part 4 

Revisions to Rules of Practice 

AGENCY: Federal Trade Commission. 

ACTION: Final rules; technical correction. 

SUMMARY: The Federal Trade 

Commission published final rules on 

March 23, 2015, revising certain of its 

rules of practice. This document makes 

a technical correction to those final 

rules. 

DATES: Effective March 31, 2015. 

FOR FURTHER INFORMATION CONTACT: G. 

Richard Gold, Attorney, (202) 326–3355, 

Office of the General Counsel, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW., Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: The 

Commission published a document in 

the Federal Register of March 23, 2015 

(80 FR 15157), revising certain of its 

rules of practice. The document 

contained an incorrect paragraph 

reference in amendatory instruction 17 

that referenced ‘‘(a)(10)(viii)’’ instead of 

‘‘(b)(10)(viii).’’ This document 

corrections the erroneous paragraph 

reference. 

List of Subjects in 16 CFR Part 4 

Administrative practice and 

procedure, Freedom of information, 

Public record. 

For the reasons set forth in the 

preamble, the Federal Trade 

Commission amends title 16, chapter I, 

subchapter A of the Code of Federal 

Regulations as follows: 

PART 4—MISCELLANEOUS RULES 

■ 1. The authority citation for part 4 

continues to read as follows: 

Authority: 15 U.S.C. 46, unless otherwise 

noted. 

■ 2. Amend § 4.9 by revising paragraph 

(b)(10)(viii) to read as follows: 

§ 4.9 The public record. 

* * * * * 

(b) * * * 

(10) * * * 

(viii) The Commission’s annual report 

submitted after the end of each fiscal 

year, summarizing its work during the 

year (with copies obtainable from the 

Superintendent of Documents, U.S. 

Government Publishing Office, 

Washington, DC 20402) and any other 

annual reports made to Congress on 

activities of the Commission as required 

by law; 

* * * * * 

Donald S. Clark, 

Secretary. 

[FR Doc. 2015–07117 Filed 3–30–15; 8:45 am] 

BILLING CODE 6750–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1460 

[Docket No. CPSC–2015–0006] 

Children’s Gasoline Burn Prevention 

Act Regulation 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Direct final rule. 

SUMMARY: The Children’s Gasoline Burn 

Prevention Act (CGBPA or the Act) 

adopted the child-resistance 

requirements for closures on portable 

gasoline containers—found in the 2005 

version of the applicable ASTM rule, 

F2517–05—as a consumer product 

safety rule. The 2005 ASTM standard 

was recently revised. Under the Act, the 

consumer product standard for portable 

gasoline containers will, by operation of 

law, incorporate the 2015 revisions to 

the child-resistance requirements unless 

the Commission finds that the revisions 

do not carry out the purposes of the 

CGBPA’s requirements. The 

Commission has not found that the 

revisions fail to carry out the purposes 

of the CGBPA’s requirements. As a 

result, the 2015 revisions to the childresistance requirements will be 

automatically incorporated and apply as 

the statutorily-mandated standard for 

closures on portable gasoline containers. 

This direct final rule is to codify certain 

sections of the 2015 standard to 

eliminate potential confusion as to the 

applicable standard. 

DATES: This rule will be effective on 

April 12, 2015, unless the Commission 

receives significant adverse comment by 

April 3, 2015. If we receive timely 

significant adverse comments, we will 

publish notification in the Federal 

Register withdrawing this direct final 

rule. The incorporation by reference of 

the publications listed in this rule is 

approved by the Director of the Federal 

Register as of April 12, 2015. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2015– 

0006, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

The Commission does not accept 

comments submitted by electronic mail 

(email), except through 

www.regulations.gov. The Commission 

encourages you to submit electronic 

comments by using the Federal 

eRulemaking Portal, as described above. 

Written Submissions: Submit written 

comments (paper, disk, or CD–ROM 

submissions) by mail/hand delivery/

courier to: Office of the Secretary, 

Consumer Product Safety Commission, 

Room 820, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

that you do not want to be available to 

the public. If furnished at all, such 

information should be submitted in 

writing. 

FOR FURTHER INFORMATION CONTACT: John 

Boja, Office of Compliance and Field 

Operations, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814–4408; telephone 

(301) 504–7300; jboja@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Children’s Gasoline Burn 

Prevention Act. The Children’s Gasoline 

Burn Prevention Act was enacted on 

July 17, 2008. The Act establishes as a 


asabaliauskas on DSK5VPTVN1PROD with RULES
16962 Federal Register / Vol. 80, No. 61 / Tuesday, March 31, 2015 / Rules and Regulations 

consumer product safety rule ASTM 

International’s (ASTM) F2517–05’s 

child-resistance requirements for 

closures on portable gasoline containers. 

All portable gasoline containers 

manufactured on or after January 17, 

2009 for sale to consumers in the United 

States must conform to the 2005 ASTM 

standard’s child-resistance 

requirements. By mandating closures 

that resist access by children under age 

5, the Act seeks to reduce hazards to 

children, including children ingesting 

gasoline and inhaling gasoline fumes, 

and the risk of burns from fires and 

explosions that may occur when 

children access gasoline stored in 

portable gasoline containers. The Act 

did not require the Commission to take 

any action for the Act’s provisions to 

take effect; rather, ASTM 2715–05’s 

child-resistance requirements were 

made mandatory through operation of 

law, as discussed below. 

ASTM F2517–05. Under ASTM 

F2517–05, Standard Specification for 

Determination of Child Resistance of 

Portable Fuel Containers for Consumer 

Use, closures on affected containers 

must prove adequately resistant to 

children as old as 4 years and 3 months. 

CGBPA Provisions Regarding Updates 

to ASTM F2517–05. Under the Act, 

ASTM must notify the Commission of 

any revision to the child-resistance 

requirements for closures contained in 

ASTM F2517–05. Once ASTM notifies 

the CPSC of ASTM’s revisions to the 

standard, the revisions will be 

incorporated by operation of law and 

will become the consumer product 

safety standard within 60 days after 

such notice unless the Commission 

determines that the revision does not 

carry out the purposes of the childresistant requirements for closures on 

portable gasoline containers specified in 

ASTM F2517–05 and so notifies ASTM. 

Under the Act, the ASTM standard for 

portable gasoline containers became, by 

operation of law, the applicable 

consumer product safety standard. 

Similarly, any revision to the childresistance requirements of the ASTM 

standard becomes, by operation of law, 

part of the applicable consumer product 

safety standard unless the Commission 

determines, within 60 days after 

receiving notice from ASTM of a revised 

ASTM standard, that the revisions are 

not acceptable as provided in the Act. 

On February 11, 2015, ASTM gave to 

CPSC notice of revisions to ASTM 

F2517–05. The revised standard is 

designated F2517–15. 

The Commission has not made a 

determination that the revisions to 

ASTM F2517–05’s child-resistance 

requirements for closures on portable 

gasoline containers fail to further the 

purposes of the CGBPA’s requirements. 

II. Description of the Rule 

The rule codifies the child-resistance 

requirements for closures on portable 

gasoline containers as stated in ASTM 

F2517–15. As stated above, these 

requirements become mandatory 

through operation of law; the 

Commission is publishing this rule so 

that the Code of Federal Regulations 

will reflect the current version of the 

mandatory standard. 

III. Direct Final Rule 

The Commission is issuing this rule 

as a direct final rule. Although the 

Administrative Procedure Act (APA) 

generally requires notice and comment 

rulemaking, section 553 of the APA 

provides an exception when the agency, 

for good cause, finds that notice and 

public procedure are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ The Administrative 

Conference of the United States (ACUS) 

endorsed direct final rulemaking as an 

appropriate procedure to expedite 

promulgation of rules that are 

noncontroversial and that are not 

expected to generate significant adverse 

comment. See ACUS, Recommendation, 

95–4, 60 FR 43108, 43110 (August 18, 

1995). 

This rule will codify in the Code of 

Federal Regulations the child-resistance 

requirements of a consumer product 

safety standard, ASTM F2517–15, that 

already are in full force and effect by 

operation of law. Codification of the 

rule into CPSC’s regulations is intended 

to eliminate potential confusion as to 

the child-resistance standard applicable 

to portable gasoline containers. In these 

circumstances where the substantive 

requirements are mandated by statute 

and have become effective under the 

statute, public comment serves little 

purpose. Moreover, codification of 

existing substantive requirements is not 

expected to be controversial or to result 

in significant adverse comment. As a 

result, the Commission believes that 

issuance of a rule codifying the revised 

standard in these circumstances is 

appropriate. 

Unless we receive a significant 

adverse comment by April 3, 2015, the 

rule will become effective on April 12, 

2015. In accordance with ACUS’s 

recommendation, the Commission 

considers a significant adverse comment 

to be one in which the commenter 

explains why the rule would be 

inappropriate, including an assertion 

challenging the rule’s underlying 

premise or approach, or a claim that the 

rule would be ineffective or 

unacceptable without change. Should 

the Commission receive a significant 

adverse comment, the Commission 

would withdraw this direct final rule. 

Depending on the comments and other 

circumstances, the Commission may 

then incorporate the adverse comment 

into a subsequent direct final rule or 

publish a notice of proposed rulemaking 

providing an opportunity for public 

comment. 

IV. Incorporation by Reference 

Section 1460.3 of the final rule 

provides that closures on portable 

gasoline containers must comply with 

the child-resistance requirements of 

ASTM F2517–15. The Office of the 

Federal Register (OFR) has regulations 

concerning incorporation by reference. 1 

CFR part 51. The OFR recently revised 

these regulations to require that, for a 

final rule, agencies must discuss in the 

rule’s preamble ways that the materials 

the agency incorporates by reference are 

reasonably available to interested 

persons and how interested parties can 

obtain the materials. In addition, the 

preamble of the rule must summarize 

the material. 1 CFR 51.5(b). 

In accordance with the OFR’s 

requirements, the discussion in this 

section summarizes the provisions of 

ASTM F2517–15. Interested persons 

may purchase a copy of ASTM F2517– 

15 from ASTM, either through ASTM’s 

Web site or by mail at the address 

provided in the rule. One may also 

inspect a copy of the standard at the 

CPSC’s Office of the Secretary, U.S. 

Consumer Product Safety Commission, 

or at the National Archives and Records 

Administration (NARA), as discussed in 

the rule. 

The CPSC is incorporating by 

reference child-resistance requirements 

of ASTM F2517–15 pursuant to the Act 

because the Commission has 

determined that the revised standard 

carries out the purposes of the childresistant requirements for closures on 

portable gasoline containers specified in 

ASTM F2517–05. 

The revised standard, ASTM F2517– 

15, contains: 

• Testing procedures for assessing 

child-resistance and senior adult-use 

effectiveness for closures on portable 

gasoline containers 

• A minimum required effectiveness 

rate of child-resistance and senior 

adult-use for closures on portable 

gasoline containers to establish 

compliance with the standard 

• A requirement that child-resistant 

containers and closures first meet the 

feasible and appropriate spill 

resistance requirements in CARB CP– 


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

501, TP–501, TP–502, and EPA 

Regulation 40 CFR 59.623. 

Because the scope of the consumer 

product safety rule is established by the 

CGBPA, this rule does not incorporate 

by reference the scope section of ASTM 

F2517–15 or Appendix X1 that relates to 

the scope section of ASTM F2517–15. 

V. Effective Date 

As discussed in the preceding section, 

this is a direct final rule. Unless the 

Commission receives a significant 

adverse comment by April 3, 2015, the 

rule will become effective on April 12, 

2015. 

VI. Other Relevant Statutory Provisions 

A. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statutes unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. 5 U.S.C. 603 

and 605. This rule merely codifies 

requirements that will take effect 

through operation of law as specified in 

the CGBPA. The rule does not impose 

any requirements beyond those put in 

place by the CGBPA. Thus, the rule does 

not create new substantive obligations 

for any entity, including any small 

entity. Accordingly, the Commission 

certifies that the rule will not have a 

significant impact on a substantial 

number of small entities. 

B. Environmental Considerations 

The Commission’s regulations 

provide a categorical exclusion for the 

Commission’s rules from any 

requirement to prepare an 

environmental assessment or an 

environmental impact statement 

because they ‘‘have little or no potential 

for affecting the human environment.’’ 

16 CFR 1021.5(c)(2). This rule falls 

within the categorical exclusion, so no 

environmental assessment or 

environmental impact statement is 

required. 

C. Paperwork Reduction Act 

This direct final rule contains no 

collection of information. Therefore, 

clearance by the Office of Management 

and Budget under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520) is not required. 

VII. Preemption 

Section 26(a) of the Consumer 

Product Safety Act (CPSA), 15 U.S.C. 

2075(a), provides that where a 

‘‘consumer product safety standard 

under [the CPSA]’’ is in effect and 

applies to a product, no state or political 

subdivision of a state may either 

establish or continue in effect a 

requirement dealing with the same risk 

of injury unless the state requirement is 

identical to the federal standard. 

(Section 26(c) of the CPSA also provides 

that states or political subdivisions of 

states may apply to the Commission for 

an exemption from this preemption 

under certain circumstances). 

As discussed above, under the 

CGBPA, the child-resistance 

requirements of ASTM F2517–15 

became a consumer product standard 

for CPSA purposes. Children’s Gasoline 

Burn Prevention Act, Pub. L 110–278, 

Sec. 2(a) (July 17, 2008). The childresistance requirements of ASTM 

F2517–15, which will be codified under 

this rule, will invoke the preemptive 

effect of section 26(a) of the CPSA. 

VIII. Certification 

Section 14(a) of the CPSA requires 

that products subject to a consumer 

product safety rule under the CPSA, or 

to a similar rule, ban, standard, or 

regulation under any other act enforced 

by the Commission, be certified as 

complying with all applicable CPSC 

requirements. 15 U.S.C. 2063(a). Such 

certification must be based on a test of 

each product, or on a reasonable testing 

program. Because ASTM F2517–15 is 

deemed a ‘‘consumer product safety 

rule’’ for CPSA purpose, portable 

gasoline containers manufactured on or 

after April 12, 2015 are subject to the 

testing and certification requirements of 

section 14 of the CPSA with respect to 

ASTM F2517–15. 

List of Subjects in 16 CFR Part 1460 

Consumer protection, Gasoline, 

Incorporation by reference, Safety. 

For the reasons stated above, the 

Commission adds part 1460 to 

subchapter B of title 16 of the Code of 

Federal Regulations to read as follows: 

PART 1460—CHILDREN’S GASOLINE 

BURN PREVENTION ACT 

REGULATION 

Sec. 

1460.1 Scope and application. 

1460.2 Definition. 

1460.3 Requirements for child-resistance 

for closures on portable gasoline 

containers. 

Authority: Sec. 2, Pub. L. 110–278, 122 

Stat. 2602. 

§ 1460.1 Scope and application. 

In accordance with the Children’s 

Gasoline Burn Prevention Act, portable 

gasoline containers must comply with 

the requirements specified in § 1460.3, 

which are considered to be a consumer 

product safety rule. 

§ 1460.2 Definition. 

Portable gasoline container means 

any portable gasoline container 

intended for use by consumers. 

§ 1460.3 Requirements for child-resistance 

for closures on portable gasoline 

containers. 

Each portable gasoline container 

manufactured on or after April 12, 2015 

for sale in the United States shall 

conform to the child-resistance 

requirements for closures on portable 

gasoline containers specified in sections 

2 through 6 of ASTM F2517–15 

(including Appendixes X2 and X3 

referenced therein), Standard 

Specification for Determination of Child 

Resistance of Portable Fuel Containers 

for Consumer Use, approved on January 

1, 2015. The Director of the Federal 

Register approves the incorporation by 

reference listed in this section in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. You may obtain a copy of 

these ASTM standards from ASTM 

International, 100 Barr Harbor Drive, PO 

Box C700, West Conshohocken, PA 

19428–2959 USA, telephone: 610–832– 

9585; http://www.astm.org/. You may 

inspect copies at the Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, Room 820, 4330 

East West Highway, Bethesda, MD 

20814, telephone 301–504–7923, or at 

the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_

federalregulations/ibr_locations.html. 

Alberta E. Mills, 

Acting Secretary, U.S. Consumer Product 

Safety Commission. 

[FR Doc. 2015–07151 Filed 3–30–15; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Chapters VIII and IX 

[Docket No. FR–5779–N–01] 

HUD Approval of Requests for 

Transfers of Multifamily Housing 

Project-Based Rental Assistance, HUDHeld or Insured Debt, and IncomeBased Use Restrictions 

AGENCY: Office of the Assistant 

Secretary for Housing-Federal Housing 

Commissioner, HUD. 


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