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[Federal Register Volume 80, Number 61 (Tuesday, March 31, 2015)]
[Rules and Regulations]
[Pages 16961-16963]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07151]

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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.

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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 child-resistance 
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

[[Page 16962]]

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 child-resistant 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 child-resistance 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 child-resistant 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-

[[Page 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 child-resistance 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.

Sec.  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 Sec.  1460.3, which are considered to be a consumer 
product safety rule.

Sec.  1460.2  Definition.

    Portable gasoline container means any portable gasoline container 
intended for use by consumers.

Sec.  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
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