Federal · Title 15 — Commerce and Trade
15 U.S.C. § 2056d: Performance standards to protect against portable fuel container explosions near open flames or other ignition sources
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This section may be cited as the “Portable Fuel Container Safety Act of 2020”. Not later than 30 months after December 27, 2020 , the Consumer Product Safety Commission (referred to in this section 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 paragraph (3). shall be promulgated in accordance with section 553 of title 5 ; and shall be treated as a consumer product safety rule promulgated under section 2058 of this title . there is a voluntary standard for flame mitigation devices for those containers that impedes the propagation of flame into the container; the voluntary standard described in clause (i) is or will be in effect not later than 18 months after December 27, 2020 ; and 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. Any determination made by the Commission under this subsection shall be published in the Federal Register. 180 days after publication of the Commission’s determination under paragraph (3); or the effective date contained in the voluntary standard. If the requirements of a voluntary standard that meet the conditions of paragraph (3) are subsequently revised, the organization that revised the standard shall notify the Commission after the final approval of the revision. Not later than 180 days after the Commission is notified of a revised voluntary standard described in subparagraph (A) (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 2058 of this title , 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 paragraph (3). The Commission, at any time after publication of the consumer product safety rule required by paragraph (1), a voluntary standard is treated as a consumer product safety rule under paragraph (4), or a revision is enforceable as a consumer product safety rule under paragraph (5) 1 may initiate a rulemaking in accordance with 1 So in original. Probably should be followed by a comma. section 553 of title 5 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 2058 of this title . Not later than 1 year after December 27, 2020 , 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. Not later than 2 years after December 27, 2020 , the Commission shall submit to Congress a summary of actions taken by the Commission in such campaign. intended for flammable liquid fuels with a flash point less than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels; that is a consumer product with a capacity of 5 gallons or less; and that the manufacturer knows or reasonably should know is used by consumers for transporting, storing, and dispensing flammable liquid fuels. This section may not be interpreted to conflict with the Children’s Gasoline Burn Prevention Act ( Public Law 110–278 ; 122 Stat. 2602 ). The amendment made by paragraph (1) shall take effect 6 months after December 27, 2020 .
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