Bill Summary
The Portable Fuel Container Safety Act of 2019 is a bill that seeks to increase safety standards for portable fuel containers used for flammable liquid fuels. It requires the use of flame mitigation devices on these containers to prevent explosions near open flames or other ignition sources. The Consumer Product Safety Commission (CPSC) is responsible for promulgating a final rule within 30 months of the enactment of this bill. However, there is an exception for a class of containers that already have a voluntary standard for flame mitigation devices that meet the requirements set by the CPSC. If the CPSC determines that the voluntary standard is sufficient, it will be treated as a consumer product safety rule beginning 180 days after the determination is published. The CPSC may also initiate future rulemaking to modify or add additional provisions to further protect against flame jetting from these containers. The bill also requires the CPSC to undertake an education campaign to inform consumers about the dangers of using these containers near open flames and to submit a summary of their actions to Congress. This bill also amends the Children's Gasoline Burn Prevention Act to include all receptacles and components used for gasoline, kerosene, or diesel fuel in its scope.
Possible Impacts
1. Compliance Requirement: Under this legislation, it becomes mandatory for all portable fuel containers to have flame mitigation devices that impede the spread of fire into the container. This could affect people who own or use portable fuel containers, as they may need to purchase new containers or install these devices in their existing containers.
2. Child Safety: The legislation also includes an amendment to the Children's Gasoline Burn Prevention Act, requiring that any receptacles for gasoline, kerosene, or diesel fuel produced or distributed for sale to consumers must have certain safety features. This could have a positive impact on child safety, as it reduces the risk of children being burned by flammable liquids.
3. Education Campaign: The legislation also mandates that the Consumer Product Safety Commission undertake an education campaign to inform consumers about the dangers of using portable fuel containers near open flames or ignition sources. This could affect people by increasing their awareness and encouraging them to use these containers safely.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1640 Reported in Senate (RS)]
<DOC>
Calendar No. 482
116th CONGRESS
2d Session
S. 1640
[Report No. 116-235]
To require compliant flame mitigation devices to be used on portable
fuel containers for flammable liquid fuels, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23 (legislative day, May 22), 2019
Ms. Klobuchar (for herself and Mr. Moran) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
June 23, 2020
Reported by Mr. Wicker, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Portable Fuel Container
Safety Act of 2019''.</DELETED>
<DELETED>SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL
CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION
SOURCES.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (b) Rulemaking; Consumer Product Safety Standard.--A rule
under subsection (a)--</DELETED>
<DELETED> (1) shall be promulgated in accordance with
section 553 of title 5, United States Code; and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (c) Exception.--</DELETED>
<DELETED> (1) Voluntary standard.--Subsection (a) shall not
apply if the Commission determines that--</DELETED>
<DELETED> (A) there is a voluntary standard for
flame mitigation devices in portable fuel containers
that impedes the propagation of flame into the
container, or a combination of more than one voluntary
standard which taken together serve such purpose for
the full scope of this Act;</DELETED>
<DELETED> (B) the voluntary standard or combination
of voluntary standards described in subparagraph (A) is
or will be in effect not later than 18 months after the
date of enactment of this Act; and</DELETED>
<DELETED> (C) the voluntary standard or combination
of voluntary standards 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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) 180 days after publication of the Commission's
determination under subsection (c); or</DELETED>
<DELETED> (2) the effective date contained in the voluntary
standard.</DELETED>
<DELETED> (e) Revision of Voluntary Standard.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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 public health
or safety. 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).</DELETED>
<DELETED> (g) Action Required.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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)--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) that is a consumer product with a capacity of
5 gallons or less; and</DELETED>
<DELETED> (3) that the manufacturer knows or reasonably
should know is used by consumers for receiving, transporting,
storing, and dispensing flammable liquid fuels.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 3. CHILDREN'S GASOLINE BURN PREVENTION ACT.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Applicability.--The amendment made by subsection (a)
shall take effect 6 months after the date of enactment of this
section.</DELETED>
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''.
Calendar No. 482
116th CONGRESS
2d Session
S. 1640
[Report No. 116-235]
_______________________________________________________________________
A BILL
To require compliant flame mitigation devices to be used on portable
fuel containers for flammable liquid fuels, and for other purposes.
_______________________________________________________________________
June 23, 2020
Reported with an amendment