[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Pages 58728-58731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26954]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1460
[Docket No. CPSC-2015-0006]
Revision to 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 as a consumer product safety rule, the child-resistance
requirements for closures on portable gasoline containers published in
the ASTM voluntary standard, Standard Specification for Determination
of Child Resistance of Portable Fuel Containers for Consumer Use, ASTM
F2517-05. ASTM F2517 was revised in 2015. These revisions became law
under the Act, which the Commission codified through a direct final
rule in 2015. On November 13, 2017, the Commission received notice from
ASTM that a revision to ASTM F2517 was published in November 2017. In
this direct final rule the Commission reviews and evaluates the revised
ASTM F2517, finding that the revisions carry out the purposes of the
CGBPA's requirements. Accordingly, the 2017 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 updates the Commission's regulation
to reflect that the requirements for closures on portable gasoline
containers must meet the requirements in ASTM F2517-17.
DATES: This rule will be effective on January 12, 2018, unless the
Commission receives significant adverse comment by December 28, 2017.
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 publication listed in this
rule is approved by the Director of the Federal Register as of January
12, 2018.
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;
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Children's Gasoline Burn Prevention Act. The CGBPA was enacted
on July 17, 2008. The Act established as a 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 ASTM F2517's child-
resistance requirements. By mandating closures that resist access by
children up to 51 months of age (4 years and 3 months), 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
undertake 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. The Children's Gasoline Burn Prevention Act,
Public Law 110-278; 122 Stat. 2602, Sec. 2(b) (July 17, 2008), codified
as a note to 15 U.S.C. 2056.
CGBPA Provisions Regarding Updates to ASTM F2517. Under the Act,
ASTM must notify the Commission of any revision to the child-resistance
requirements for closures contained in ASTM F2517. Once ASTM notifies
the CPSC of ASTM's revisions to this voluntary standard, the revisions
will be incorporated by operation of law and will become the consumer
product safety standard within 60 days after such notice. However, the
Commission can prevent such incorporation if the Commission determines
that revisions to the voluntary standard do not carry
[[Page 58729]]
out the purposes of the child-resistance requirements for closures on
portable gasoline containers as specified in ASTM F2517, and so
notifies ASTM.
On February 11, 2015, ASTM gave notice to CPSC of revisions to ASTM
F2517-05. The revised standard was designated as ASTM F2517-15. The
Commission determined that the revisions to the voluntary standard
stated in ASTM F2517-15 carried out the purposes of the child-
resistance requirements for closures on portable gasoline containers.
Accordingly, by operation of law, the revisions became effective 60
days after February 11, 2015, on April 13, 2015. So that the Code of
Federal Regulations would include the standard, the Commission
published a direct final rule, 80 FR 16961 (March 31, 2015), codifying
the Commission's incorporation by reference of ASTM F2517-15 at 16 CFR
part 1460.
2017 Revisions to ASTM F2517. On November 13, 2017, ASTM notified
the Commission that it has again revised ASTM F2517. On October 1,
2017, ASTM approved publication of ASTM F2517-17, and published the
standard in November 2017. Unless the Commission determines that the
revisions to ASTM F2517-17 fail to carry out the purposes of the child-
resistance requirements for closures on portable gasoline containers
specified in ASTM F2517, and notifies ASTM of this determination, the
revisions to ASTM F2517 become a mandatory consumer product safety
standard by operation of law, effective January 12, 2018.
As set forth in this preamble, the Commission has determined that
the revisions made to ASTM F2517 carry out the purposes of the child-
resistance requirements for closures on portable gasoline containers.
Accordingly, by operation of law, the requirements for closures on
portable gasoline containers, as specified in ASTM F2517-17, are
mandatory for all such containers sold or imported into the United
States that were manufactured on or after January 12, 2018. To provide
clarity to the regulated industry, the Commission will revise our
regulation at 16 CFR part 1460 to reflect the incorporation by
reference of this revised voluntary standard.
II. Description of the Rule
The rule codifies the child-resistance requirements for closures on
portable gasoline containers as stated in ASTM F2517-17. These
requirements are mandatory effective January 12, 2018. The Commission
is publishing this direct final rule incorporating by reference ASTM
F2517-17 so that the Code of Federal Regulations will reflect the
current version of this mandatory standard.
Revisions to ASTM F2517 in the 2017 update increase the stringency
of the testing requirements or refine the testing environment to aid in
test reliability. These changes are described in more detail in the
Staff's Briefing Memorandum.\1\ Changes to the voluntary standard
include:
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\1\ Staff Briefing Memorandum available at https://www.cpsc.gov/s3fs-public/ChildrensGasolineBurnPreventionActRegulation.pdf?OrMoO3W9UP6IAQT1mSA5JLORRPgJA_n9.
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Reducing the amount of water required in a tested
container from a half-filled container to a quarter-filled container.
Decreasing the amount of liquid required for the test makes the
container weigh less, increasing the likelihood that children are able
to manipulate a container to access the liquid.
For containers with multiple closures, removing the
requirement to seal off closures not being tested. Manufacturers report
that children are distracted by sealing mechanisms on closures not
being tested. Accordingly, this revision removes the distraction and
focuses the children's attention on attempting to open, or ``get the
liquid out'' of the closure being tested. Although children are
instructed to try and open one closure at a time on the container, the
test is strengthened by failing a container if a child is able to
access liquid from any closure during testing.
Adding requirements to measure and document the torque
needed to secure a closure. Currently, the standard requires testing on
new portable gasoline containers that have not been exposed to fuel or
residue. ASTM members are concerned that degradation of a portable
gasoline container could occur after exposure to fuel, which may affect
the torque value of the child-resistant closures. This requirement is
intended to aid in consideration of a future provision that would limit
the change in torque value after exposure to fuel.
Clarifying test instructions and requirements to remove
possible ambiguities in the test procedure. ASTM F2517-17 adds
information and instructions regarding how manufacturers should seek
consent for testing children at daycare facilities. The revised
standard also updates instructions given to the children during testing
to reflect newer child resistant closure technology that does not
necessarily ``open'' in the traditional sense. Children are now
instructed: ``Please try to open this for me or get the liquid out.''
Allowing the option to use central location testing.
Previously, testing was primarily conducted at daycare facilities.
Manufacturers expressed frustration with the decreasing number of
daycare facilities willing to participate in testing portable gasoline
containers. ASTM F2517-17 allows the option to conduct testing at a
central location, providing a more feasible testing venue and allowing
the industry to continue to develop newer child-safe products.
Additionally, a new Appendix to ASTM F2517-17 provides non-mandatory
recommendations for laboratory testing procedures that are intended to
prevent fraud in testing.
After reviewing the changes to the child-resistance requirements in
F2517-17, as outlined above, the Commission determines that the revised
standard carries out the purposes of the Act for closures on portable
gasoline containers. Each revision increases the stringency of the
testing requirements or refines the testing environment to aid in test
reliability. Accordingly, the 2017 revisions to the child-resistance
requirements of ASTM F2517 will be incorporated into the CPSC mandatory
rule, as provided in the Act. However, 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 F2517-17 or
Appendix X2 that relates to the scope section of ASTM F2517-17.
III. Direct Final Rule
The Commission is issuing this rule as a direct final rule. The
Administrative Procedure Act (APA) generally requires notice and
comment rulemaking except 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. ACUS
also recommended using direct final rulemaking when an agency concludes
that notice and comment is ``unnecessary'' under the APA's good cause
exemption. See ACUS, Recommendation, 95-4, 60 FR 43108, 43110 (August
18, 1995).
This rule will revise the reference at 16 CFR part 1460 to refer to
ASTM F2517-17, which will be in full force and effect by operation of
law on January 12, 2018. In these circumstances, where the substantive
[[Page 58730]]
requirements are mandated by statute and become effective under the
statute, public comment on updating the reference to the ASTM standard
serves little purpose. Moreover, we do not expect that updating the
reference would be controversial or result in significant adverse
comment. As a result, the Commission believes that a direct final rule
codifying the revised standard in these circumstances is appropriate.
Unless we receive a significant adverse comment by December 28,
2017, the rule will become effective on January 12, 2018. 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 F2517-17. The Office of the Federal Register (OFR) has
regulations concerning incorporation by reference. 1 CFR part 51. The
OFR's regulation requires 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
to the rule must summarize the material. 1 CFR 51.5(b).
In accordance with the OFR's requirements, section II of this
preamble summarizes the provisions of ASTM F2517-17. Interested persons
may purchase a copy of ASTM F2517-17 from ASTM, either through ASTM's
website 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.
V. Effective Date
As discussed in the preceding section, this is a direct final rule.
Unless the Commission receives a significant adverse comment by
December 28, 2017, the rule will become effective on January 12, 2018.
Portable gasoline containers manufactured or imported on or after
January 12, 2018 must comply with the child-resistance requirements for
closures on portable gasoline containers in ASTM F2517-17.
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 APA 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 updates the reference in part 1460 to
reflect requirements in the revised voluntary standard, ASTM F2517-17,
that will take effect through operation of law, as specified in the
CGBPA. Because the rule does not impose any requirements beyond those
put in place by the CGBPA, 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. As discussed
above, under the CGBPA, the child-resistance requirements of ASTM F2517
are a consumer product safety standard under the CPSA. Children's
Gasoline Burn Prevention Act, Public Law 110-278, Sec. 2(a) (July 17,
2008). The child-resistance requirements of ASTM F2517-17, 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 F2517-17 is a
consumer product safety rule under the CPSA, portable gasoline
containers manufactured or imported on or after January 12, 2018, are
subject to the testing and certification requirements of section 14 of
the CPSA with respect to ASTM F2517-17.
List of Subjects in 16 CFR Part 1460
Consumer protection, Gasoline, Incorporation by reference, Safety.
For the reasons stated above, the Commission amends 16 CFR part
1460 as follows:
PART 1460--CHILDREN'S GASOLINE BURN PREVENTION ACT REGULATION
0
1. The authority citation for part 1460 continues to read as follows:
Authority: Sec. 2, Pub. L. 110-278, 122 Stat. 2602.
0
2. Revise Sec. 1460.3 to read as follows:
Sec. 1460.3 Requirements for child-resistance for closures on
portable gasoline containers.
Each portable gasoline container manufactured on or after January
12, 2018 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 F2517-17 (including
Appendices X1, X3, and X4), Standard Specification for Determination of
Child Resistance of Portable Fuel Containers for Consumer Use, approved
on October 1, 2017. The Director of the Federal Register approves the
incorporation by reference listed in this section in accordance with
[[Page 58731]]
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:
www.archives.gov/federal-register/cfr/ibr-locations.html.
Alberta E. Mills,
Acting Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2017-26954 Filed 12-13-17; 8:45 am]
BILLING CODE 6355-01-P