[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Notices]
[Pages 31540-31541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11094]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2022-0017]


Notice of Availability: Voluntary Standards Evaluation Under the 
Portable Fuel Container Safety Act of 2020

AGENCY: U.S. Consumer Product Safety Commission.

ACTION: Notice of availability.

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SUMMARY: 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 of 
2020.''

DATES: Submit comments by June 23, 2022.

ADDRESSES: You can 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. CPSC does not accept comments 
submitted by electronic mail (email), except through https://www.regulations.gov, and as described below. CPSC encourages you to 
submit electronic comments by using the Federal eRulemaking Portal, as 
described above.
    Mail/hand delivery/courier/confidential Written Submissions: Submit 
comments by mail, hand delivery, or courier to: Division of the 
Secretariat, Consumer Product Safety Commission, 4330 East-West 
Highway, Bethesda, MD 20814; telephone: (301) 504-7479. 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#593a292a3a74362a193a292a3a773e362f"><span class="__cf_email__" data-cfemail="a2c1d2d1c18fcdd1e2c1d2d1c18cc5cdd4">[email protected]</span></a>.
    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. 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. If you wish to submit such 
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
    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: Andrew Lock, Fire Protection Engineer, 
Consumer Product Safety Commission, 5 Research Place, Rockville, MD 
20850; telephone: (301) 987-2099; email: <a href="/cdn-cgi/l/email-protection#7e1f12111d153e1d0e0d1d50191108"><span class="__cf_email__" data-cfemail="12737e7d717952716261713c757d64">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Portable Fuel Container Safety Act of 
2020 (PFCSA) requires the Commission, not later than June 27, 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).\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 the following requirements are met:
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    \1\ The Commission voted 4-0 to approve this notice.
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    <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 June 27, 2022; 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).


[[Page 31541]]


    If the Commission makes such a determination with respect to any 
voluntary standard, then the requirements of such voluntary standard 
shall be treated as a consumer product safety rule 180 days after 
publication of the Commission's determination in the Federal Register. 
15 U.S.C. 2056d(b)(4).
    The CPSC staff draft document, ``Voluntary Standards Evaluation 
Under the Portable Fuel Container Safety Act of 2020,'' \2\ provides 
staff's initial assessment and recommendations to the Commission 
regarding whether the relevant voluntary standards qualify for the 
exception from the rulemaking requirement in the PFCSA. The draft 
document is available on the Commission's website at: https://www.cpsc.gov/s3fs-public/2022-Fire-Safety-of-Portable-Fuel-Containers-Memo.pdf?VersionId=K_Tk.uklDYtld1o45_OHMHnqeHdrYCME and from the 
Commission's Division of the Secretariat at the location listed in the 
ADDRESSES section of this notice.
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    \2\ This CPSC staff document has not been reviewed by, and does 
not necessarily reflect the views of, the Comission.
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    The Commission invites comment on the draft document, ``Voluntary 
Standards Evaluation Under the Portable Fuel Container Safety Act of 
2020,'' and whether the Commission should determine that the voluntary 
standards discussed in that document meet the requirements for the 
exception from rulemaking in 15 U.S.C. 2056d(b)(3)(A). Comments should 
be submitted by June 23, 2022. Information on how to submit comments 
can be found in the ADDRESSES section of this notice.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2022-11094 Filed 5-23-22; 8:45 am]
BILLING CODE 6355-01-P


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