CPSC Excludes Fuel Additives From Flammable Liquid Increases Rule

By Daniel Mercer Charlotte, NC · POLITICS DESK

Published Updated 1 min read

The Consumer Product Safety Commission issued a rule excluding fuel additives from flammable liquid fuel definitions. This action avoids $545.7 million in annual compliance costs for manufacturers.

The Consumer Product Safety Commission issued an interpretive rule on Friday excluding fuel additives from the definition of "flammable liquid fuels."

The rule avoids approximately $545.7 million in annual compliance costs for manufacturers of fuel additive products. The present value of avoided costs ranges from approximately $3.8 billion to $10.7 billion over 10- and 30-year periods.

The Commission interprets "flammable liquid fuels" to exclude additives intended solely for improving engine performance, cleaning components, or similar purposes unrelated to creating heat or power. Portable containers intended solely for such fuel additives are not subject to the flame mitigation device requirements for portable fuel containers.

The interpretive rule does not impose any new legal obligations or substantive requirements on regulated entities. The Commission voted 3-0 to publish the notification. The rule is effective on the date of publication in the Federal Register.

fact_check Facts

The Consumer Product Safety Commission issued an interpretive rule excluding fuel additives from the definition of "flammable liquid fuels."
The rule avoids approximately $545.7 million in annual compliance costs for manufacturers of fuel additive products.
The present value of avoided costs ranges from approximately $3.8 billion to $10.7 billion over 10- and 30-year periods.
The Commission interprets "flammable liquid fuels" to exclude additives intended solely for improving engine performance, cleaning components, or similar purposes unrelated to creating heat or power.
The Commission voted 3-0 to publish the notification.
The interpretive rule does not impose any new legal obligations or substantive requirements on regulated entities.
Portable containers intended solely for such fuel additives are not subject to the flame mitigation device requirements for portable fuel containers.
The rule is effective on the date of publication in the Federal Register.

menu_bookBackground & Sources

Context and data our newsroom added to the originating report, with the primary source for each item shown below it.

The Portable Fuel Container Safety Act of 2020 required the Commission to promulgate a final rule requiring flame mitigation devices in portable fuel containers.
On January 13, 2023, the Commission published favorable determinations regarding three voluntary standards for portable fuel containers: ASTM F3429/F3429M-20, ASTM F3326-21, and section 18 of ANSI/CAN/UL/ULC 30:2022.
In October 2023, the mandatory standard was updated to ASTM F3429/F3429M-23.
On May 24, 2022, the Commission published a notice of availability requesting public comment on staff’s voluntary standards evaluation under the PFCSA.
Two commenters asked the Commission to clarify whether fuel additives are considered fuel under the statutory definition of portable fuel containers in the PFCSA.
In August 2023, the U.S. Consumer Product Safety Commission determined under the Portable Fuel Container Safety Act of 2020 (PFCSA) that ASTM F3429/F3429M-23 is a consumer product safety standard that impedes the propagation of flames into pre-filled portable fuel containers.
Source: federalregister.gov
The Commission has evaluated revised ASTM F3429/F3429M-24 and finds that the revisions to the standard carry out the purposes of the PFCSA.
Source: federalregister.gov

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CPSC Excludes Fuel Additives From Flammable Liquid Increases Rule

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