[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9078-9079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02562]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter 1461

[Docket No. CPSC-2022-0017]


Notice of Availability of Updated ASTM Standard Under the 
Portable Fuel Container Safety Act

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of availability and request for comment.

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SUMMARY: In August 2023, the U.S. Consumer Product Safety Commission 
(Commission or CPSC) determined under the Portable Fuel Container 
Safety Act of 2020 (PFCSA) that ASTM F3429/F3429M-23 is a consumer 
product safety standard that impedes the propagation of flames into 
pre-filled portable fuel containers, and therefore incorporated the 
voluntary standard by reference as a mandatory rule. ASTM has since 
notified the Commission that it has revised this voluntary standard. 
CPSC seeks comment on whether the revision meets the PFCSA's 
requirements for adoption in the mandatory rule.

DATES: Comments must be received by February 23, 2024.

ADDRESSES: Submit comments, identified by Docket No. CPSC-2022-0017, by 
any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://www.regulations.gov. Follow the 
instructions for submitting comments. Do not submit through this 
website: confidential business information, trade secret information, 
or other sensitive or protected information that you do not want to be 
available to the public. CPSC typically does not accept comments 
submitted by email, except as described below.
    Mail/Hand Delivery/Courier/Confidential Written Submissions: CPSC 
encourages you to submit electronic comments by using the Federal 
eRulemaking Portal. You may, however, submit comments by mail, hand 
delivery, or courier to: Office of the Secretary, Consumer Product 
Safety Commission, 4330 East West Highway, Bethesda, MD 20814; 
telephone: (301) 504-7479.

[[Page 9079]]

    Instructions: All submissions must include the agency name and 
docket number. CPSC may post all comments without change, including any 
personal identifiers, contact information, or other personal 
information provided, to https://www.regulations.gov. If you wish to 
submit confidential business information, trade secret information, or 
other sensitive or protected information that you do not want to be 
available to the public, you may submit such comments by mail, hand 
delivery, or courier, or you may email them to: <a href="/cdn-cgi/l/email-protection#ceadbebdade3a1bd8eadbebdade0a9a1b8"><span class="__cf_email__" data-cfemail="a3c0d3d0c08eccd0e3c0d3d0c08dc4ccd5">[email protected]</span></a>.
    Docket: For access to the docket to read background documents or 
comments received, go to: https://www.regulations.gov, and insert the 
docket number, CPSC-2022-0017, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Scott Ayers, U.S. Consumer Product 
Safety Commission, 5 Research Place, Rockville, MD 20850; telephone: 
301-987-2030; email: <a href="/cdn-cgi/l/email-protection#7407150d11060734170407175a131b02"><span class="__cf_email__" data-cfemail="8cffedf5e9feffcceffcffefa2ebe3fa">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The PFCSA requires the Commission 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)-(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 
that:
    <bullet> there is a voluntary standard for flame mitigation devices 
for those containers that impedes the propagation of flame into the 
container;
    <bullet> the voluntary standard is or will be in effect not later 
than 18 months after the date of enactment of the PFCSA; and
    <bullet> 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). After publication of the Federal Register 
notification announcing the Commission's positive determination, the 
requirements of such a voluntary standard ``shall be treated as a 
consumer product safety rule.'' 15 U.S.C. 2056d(b)(2)(B) and (b)(4). 
Under this authority, on January 13, 2023, the Commission published a 
notification determining that three voluntary standards for portable 
fuel containers meet the requirements of the PFCSA and would be treated 
as consumer product safety rules: ASTM F3429/F3429M-20 (pre-filled 
containers); ASTM F3326-21 (containers sold empty); and section 18 of 
UL 30:2022 (safety cans). 88 FR 2206.
    Portable fuel containers sold pre-filled are within the scope of 
ASTM F3429/F3429M, 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 units (F3429 designation) and metric units (F3429M designation). 
ASTM F3429/F3429M was first published in 2020. ASTM published a revised 
version of ASTM F3429/F3429M-20 in May 2023, as ASTM F3429/F3429M-23. 
On August 22, 2023, the Commission determined that the 2023 revisions 
met the requirements of section 2056d(b)(3)(A) of the PFCSA. 
Accordingly, ASTM F3429/F3429M-23 is the current mandatory consumer 
product safety rule for pre-filled-portable fuel containers. On October 
31, 2023, the Commission published a direct final rule creating 16 CFR 
part 1461 for portable fuel containers to incorporate by reference the 
revised ASTM F3429/F3429M-23, as well as ASTM F3326-21 and section 18 
of UL 30:2022.5. 88 FR 74342.
    Under section (b)(5) of the PFCSA, if the requirements of a 
voluntary standard that meet the requirements of section (b)(3) are 
subsequently revised, the organization that revised the standard shall 
notify the Commission after the final approval of the revision. 15 
U.S.C. 2056d(b)(5). Any such revision to the voluntary standard shall 
become enforceable as the new consumer product safety rule not later 
than 180 days after the Commission is notified of a revised voluntary 
standard that meets the conditions of section (b)(3) (or such later 
date as the Commission determines appropriate), unless the Commission 
determines, within 90 days after receiving the notification, that the 
revised voluntary standard does not meet the requirements described in 
section (b)(3) of the PFCSA. 15 U.S.C. 2056d(b)(5).
    On January 29, 2024, ASTM notified the Commission that it had 
approved and published ASTM F3429/F3429M-24. CPSC staff is assessing 
the revised voluntary standard to determine, consistent with section 
(b)(5) of the PFCSA, whether the revisions in ASTM F3429/F3429M-24 meet 
the requirements of section (b)(3)(A) of the PFCSA listed above. The 
Commission invites public comment on that question to inform staff's 
assessment and any subsequent Commission consideration of the revisions 
in ASTM F3429/F3429M-24.\1\
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    \1\ The Commission voted 4-0 to publish this notification.
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    ASTM F3429/F3429M-24 is available for review in several ways. ASTM 
has provided on its website (at www.astm.org/CPSC.htm), at no cost, a 
read-only copy of ASTM F3429/F3429M-24, including a red-lined version 
that identifies the changes made to ASTM F3429/F3429M-23. A read-only 
copy of the existing standard (ASTM F3429/F3429M-23) is available for 
viewing, at no cost, on the ASTM website at: www.astm.org/READINGLIBRARY/. Interested parties can also download copies of the 
standards by purchasing them from ASTM International, 100 Barr Harbor 
Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; phone: 610-832-
9500; https://www.astm.org. Alternatively, interested parties can 
schedule an appointment to inspect copies of the standards at CPSC's 
Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 
East West Highway, Bethesda, MD 20814, telephone: 301-504-7479.
    Comments must be received by February 23, 2024. Because of the 
short statutory time frame Congress established for the Commission to 
consider revised voluntary standards under section (b)(5) of the PFCSA, 
CPSC will not consider comments received after this date.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-02562 Filed 2-8-24; 8:45 am]
BILLING CODE 6355-01-P


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