15 USC 2056d - Performance standards to protect against portable fuel container explosions near open flames or other ignition sources

U.S Code last checked for updates: May 18, 2024

§ 2056d.

Performance standards to protect against portable fuel container explosions near open flames or other ignition sources

(a)

Short title

(b)

Standards

(1)

Rule on safety performance standards required

(2)

Rulemaking; consumer product safety standard

A rule under paragraph (1)—

(A)

shall be promulgated in accordance with section 553 of title 5; and

(B)

shall be treated as a consumer product safety rule promulgated under section 2058 of this title.

(3)

Exception

(A)

Voluntary standard

Paragraph (1) shall not apply for a class of portable fuel containers in the scope of this section if the Commission determines at any time that—

(i)

there is a voluntary standard for flame mitigation devices for those containers that impedes the propagation of flame into the container;

(ii)

the voluntary standard described in clause (i) is or will be in effect not later than 18 months after December 27, 2020; and

(iii)

the voluntary standard described in clause (i) is developed by ASTM International or such other standard development organization that the Commission determines to have met the intent of this section.

(B)

Determination required to be published in the Federal Register

(4)

Treatment of voluntary standard for purpose of enforcement

If the Commission determines that a voluntary standard meets the conditions described in paragraph (3)(A), the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 2058 of this title beginning on the date which is the later of—

(A)

180 days after publication of the Commission’s determination under paragraph (3); or

(B)

the effective date contained in the voluntary standard.

(5)

Revision of voluntary standard

(A)

Notice to commission

(B)

Effective date of revision

(6)

Future rulemaking

(7)

Action required

(A)

Education campaign

(B)

Summary of actions

(8)

Portable fuel container defined

In this section, the term “portable fuel container” means any container or vessel (including any spout, cap, and other closure mechanism or component of such container or vessel or any retrofit or aftermarket spout or component intended or reasonably anticipated to be for use with such container)—

(A)

intended for flammable liquid fuels with a flash point less than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels;

(B)

that is a consumer product with a capacity of 5 gallons or less; and

(C)

that the manufacturer knows or reasonably should know is used by consumers for transporting, storing, and dispensing flammable liquid fuels.

(9)

Rule of construction

(c)

Children’s Gasoline Burn Prevention Act

(1)

Omitted

(2)

Applicability

(Pub. L. 116–260, div. FF, title IX, § 901, Dec. 27, 2020, 134 Stat. 3204.)

cite as: 15 USC 2056d