Bill Summary
The Portable Fuel Container Safety Act of 2019 requires the use of compliant flame mitigation devices on portable fuel containers for flammable liquid fuels. This is to protect against explosions that can occur near open flames or other ignition sources. The Consumer Product Safety Commission is responsible for creating and enforcing these standards. However, there are exceptions if there is an existing voluntary standard that meets the same requirements. The act also includes an education campaign to inform consumers of the dangers of using or storing fuel containers near open flames. This act does not conflict with the Children's Gasoline Burn Prevention Act.
Possible Impacts
1. People who frequently use portable fuel containers for flammable liquids may be affected by having to comply with the new requirement of installing flame mitigation devices. This may result in additional costs for purchasing the devices and potential inconvenience in having to retrofit their containers.
2. The campaign to educate consumers about the dangers of using and storing portable fuel containers near open flames or other ignition sources may increase awareness among the general public and potentially prevent accidents and injuries.
3. Manufacturers and standard development organizations may be affected by having to meet the new performance standards for portable fuel containers and their components. This may require them to make changes to their products and potentially incur additional costs for testing and certification.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 806 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
1st Session
H. R. 806
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18, 2019
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To require compliant flame mitigation devices to be used on portable
fuel containers for flammable liquid fuels, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Portable Fuel Container Safety Act
of 2019''.
SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL
CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION
SOURCES.
(a) Rule on Safety Performance Standards Required.--Not later than
30 months after the date of enactment of this section, the Consumer
Product Safety Commission (referred to in this Act as the
``Commission'') shall promulgate a final rule to require flame
mitigation devices in portable fuel containers that impede the
propagation of flame into the container, except as provided in
subsection (c).
(b) Rulemaking; Consumer Product Safety Standard.--A rule under
subsection (a)--
(1) shall be promulgated in accordance with section 553 of
title 5, United States Code; and
(2) shall be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product Safety Act
(15 U.S.C. 2058).
(c) Exception.--
(1) Voluntary standard.--Subsection (a) shall not apply for
a class of portable fuel containers in the scope of this Act if
the Commission determines at any time that--
(A) there is a voluntary standard for flame
mitigation devices for those containers that impedes
the propagation of flame into the container;
(B) the voluntary standard described in
subparagraph (A) is or will be in effect not later than
18 months after the date of enactment of this Act; and
(C) the voluntary standard described in
subparagraph (A) is developed by ASTM International or
such other standard development organization that the
Commission determines to have met the intent of this
Act.
(2) Determination required to be published in the federal
register.--Any determination made by the Commission under this
subsection shall be published in the Federal Register.
(d) Treatment of Voluntary Standard for Purpose of Enforcement.--If
the Commission determines that a voluntary standard meets the
conditions described in subsection (c), the requirements of such
voluntary standard shall be treated as a consumer product safety rule
promulgated under section 9 of the Consumer Product Safety Act (15
U.S.C. 2058) beginning on the date which is the later of--
(1) 180 days after publication of the Commission's
determination under subsection (c); or
(2) the effective date contained in the voluntary standard.
(e) Revision of Voluntary Standard.--
(1) Notice to commission.--If the requirements of a
voluntary standard that meet the conditions of subsection (c)
are subsequently revised, the organization that revised the
standard shall notify the Commission after the final approval
of the revision.
(2) Effective date of revision.--Not later than 180 days
after the Commission is notified of a revised voluntary
standard described in paragraph (1) (or such later date as the
Commission determines appropriate), such revised voluntary
standard shall become enforceable as a consumer product safety
rule promulgated under section 9 of the Consumer Product Safety
Act (15 U.S.C. 2058), in place of the prior version, unless
within 90 days after receiving the notice the Commission
determines that the revised voluntary standard does not meet
the requirements described in subsection (c).
(f) Future Rulemaking.--The Commission, at any time after
publication of the consumer product safety rule required by subsection
(a), a voluntary standard is treated as a consumer product safety rule
under subsection (d), or a revision is enforceable as a consumer
product safety rule under subsection (e) may initiate a rulemaking in
accordance with section 553 of title 5, United States Code, to modify
the requirements or to include any additional provision that the
Commission determines is reasonably necessary to protect the public
against flame jetting from a portable fuel container. Any rule
promulgated under this subsection shall be treated as a consumer
product safety rule promulgated under section 9 of the Consumer Product
Safety Act (15 U.S.C. 2058).
(g) Action Required.--
(1) Education campaign.--Not later than 1 year after the
date of enactment of this Act, the Commission shall undertake a
campaign to educate consumers about the dangers associated with
using or storing portable fuel containers for flammable liquids
near an open flame or any other source of ignition.
(2) Summary of actions.--Not later than 2 years after the
date of enactment of this Act, the Commission shall submit to
Congress a summary of actions taken by the Commission in such
campaign.
(h) 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)--
(1) intended for flammable liquid fuels with a flash point
less than 140 degrees Fahrenheit, including gasoline, kerosene,
diesel, ethanol, methanol, denatured alcohol, or biofuels;
(2) that is a consumer product with a capacity of 5 gallons
or less; and
(3) that the manufacturer knows or reasonably should know
is used by consumers for transporting, storing, and dispensing
flammable liquid fuels.
(i) Rule of Construction.--This section may not be interpreted to
conflict with the Children's Gasoline Burn Prevention Act (Public Law
110-278; 122 Stat. 2602).
SEC. 3. CHILDREN'S GASOLINE BURN PREVENTION ACT.
(a) Amendment.--Section 2(c) of the Children's Gasoline Burn
Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is amended by
inserting after ``for use by consumers'' the following: ``and any
receptacle for gasoline, kerosene, or diesel fuel, including any spout,
cap, and other closure mechanism and component of such receptacle or
any retrofit or aftermarket spout or component intended or reasonably
anticipated to be for use with such receptacle, produced or distributed
for sale to or use by consumers for transport of, or refueling of
internal combustion engines with, gasoline, kerosene, or diesel fuel''.
(b) Applicability.--The amendment made by subsection (a) shall take
effect 6 months after the date of enactment of this section.
Passed the House of Representatives September 17, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.