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WTO notification · TBT

United StatesAdopted, according to its latest notice

Fire protection equipment, Tanks and gas cylinders

Official title

Notice of Availability: Voluntary Standards Evaluation Under the Portable Fuel Container Safety Act of 2020

The United States issued an addendum on 22 October 2026 to the earlier TBT notification G/TBT/N/USA/1871. Addenda often report that a measure was adopted, changed, postponed or withdrawn. The measure was first notified on 25 May 2022. The comment period closed on 30 May 2024.

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Published here:

Updated here:

At a glance

Products

Portable fuel containers; Fire protection; Protection against excessive pressure; Protection against dangerous goods; Fluid storage devices

Notifying member
United States(United States of America)
Status
Adopted, according to its latest notice
Objectives
  • Protection of human health or safety
Area
TBT: Technical product rulesTechnical barriers to trade
Notification type
Regular notification
Document symbol
G/TBT/N/USA/1871Latest notice: G/TBT/N/USA/1871/Add.6
ICS classification
  • 13.220.20 Fire protection
  • 23.020 Fluid storage devices

Key dates

Distributed by the WTO
Comment deadline
Closed on 30 May 2024
Proposed adoption
To be determined
Proposed entry into force
To be determined

What the notification says

Latest notice (⁨G/TBT/N/USA/1871/Add.6⁩, 22 October 2026)

The latest notice says the measure was adopted or published.

Interpretation of ''Flammable Liquid Fuels'' With Respect to Fuel Additives

The Consumer Product Safety Commission (CPSC) is issuing an interpretive rule that interprets the phrase ''flammable liquid fuels'' as used in the Portable Fuel Container Safety Act of 2020 (PFCSA). Consistent with the plain language of the statute, the Commission interprets this phrase not to include fuel additives that are intended to be added to flammable liquid fuels for the sole purpose of improving engine performance, cleaning engine components, extending engine life, stabilizing fuel, preventing weather effects from fuel, or some similar purpose unrelated to creating heat or power. The rule is effective on 19 October 2026. 91 Federal Register (FR) 65967, 19 October 2026; Title 16 Code of Federal Regulations (CFR) Part 1461: This final rule; interpretation and previous actions notified under the symbol G/TBT/N/USA/1871 are identified by Docket Number CPSC-2022-0017. The Docket Folder is available on Regulations.gov at and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number.

Notice of availability - The Consumer Product Safety Commission (Commission or CPSC) is announcing the availability of a draft document titled, 'Voluntary Standards Evaluation Under the Portable Fuel Container Safety Act (PFSCA) of 2020.' The PFCSA requires the Commission, not later than 27 June 2023, to promulgate a final rule to require flame mitigation devices in portable fuel containers that impede the propagation of flame into the container 15 U.S.C. 2056d(b)(1). The PFCSA states, however, that the Commission is not required to promulgate a final rule if the Commission determines that the requirements for an exception relating to voluntary standards are met. 15 U.S.C. 2056d(b)(3)(A). Specifically, the Commission may rely on voluntary standards instead of the required rulemaking for a class of portable fuel containers within the scope of the Act if certain requirements are met.

Notices on this measure

Every notice about this measure published here, newest first. Each one is the notifying member's own text.

  1. AddendumG/TBT/N/USA/1871/Add.6

    Interpretation of ''Flammable Liquid Fuels'' With Respect to Fuel Additives

    The Consumer Product Safety Commission (CPSC) is issuing an interpretive rule that interprets the phrase ''flammable liquid fuels'' as used in the Portable Fuel Container Safety Act of 2020 (PFCSA). Consistent with the plain language of the statute, the Commission interprets this phrase not to include fuel additives that are intended to be added to flammable liquid fuels for the sole purpose of improving engine performance, cleaning engine components, extending engine life, stabilizing fuel, preventing weather effects from fuel, or some similar purpose unrelated to creating heat or power. The rule is effective on 19 October 2026. 91 Federal Register (FR) 65967, 19 October 2026; Title 16 Code of Federal Regulations (CFR) Part 1461: This final rule; interpretation and previous actions notified under the symbol G/TBT/N/USA/1871 are identified by Docket Number CPSC-2022-0017. The Docket Folder is available on Regulations.gov at and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number.

  2. AddendumG/TBT/N/USA/1871/Add.5

    Comment deadline: Closed on 30 May 2024

    Notice of Availability: Voluntary Standards Evaluation Under the Portable Fuel Container Safety Act of 2020

    In August 2023, the Consumer Product Safety Commission (CPSC or Commission) accepted ASTM F3429/F3429M-23 for prefilled portable fuel containers as the mandatory standard under the Portable Fuel Container Safety Act of 2020 (PFCSA). In January 2024, ASTM notified the Commission that ASTM F3429/F3429M-23 had been revised. The Commission has evaluated revised ASTM F3429/F3429M-24 and finds that the revisions to the standard carry out the purposes of the PFCSA. Accordingly, ASTM F3429/F3429M-24 will be incorporated into the mandatory standard for portable fuel containers. The rule is effective on 27 July 2024, unless CPSC receives a significant adverse comment by 30 May 2024. If CPSC receives such a comment, it will publish a notice in the Federal Register withdrawing this direct final rule before its effective date. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of 27 July 2024. Title 16 Code of Federal Regulations (CFR) Part 1461 This direct final rule and previous actions notified under the symbol G/TBT/N/USA/1871 are identified by Docket Number CPSC-2022-0017. The Docket Folder is available on Regulations.gov at and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number. WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point by or before 4pm Eastern…

  3. AddendumG/TBT/N/USA/1871/Add.4

    Notice of Availability: Voluntary Standards Evaluation Under the Portable Fuel Container Safety Act of 2020

    In August 2023, the U.S. Consumer Product Safety Commission (Commission or CPSC) 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, and therefore incorporated the voluntary standard by reference as a mandatory rule. ASTM has since notified the Commission that it has revised this voluntary standard. CPSC seeks comment on whether the revision meets the PFCSA's requirements for adoption in the mandatory rule. Comments must be received by 23 February 2024. Title 16 Code of Federal Regulations (CFR) Part 1461 This notice of availability; request for comment and previous actions notified under the symbol G/TBT/N/USA/1871 are identified by Docket Number CPSC-2022-0017. The Docket Folder is available from Regulations.gov at and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number. WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point by or before 4pm Eastern Time on 23 February 2024. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with CPSC and will also be submitted to the Docket on Regulations.gov if received within the comment period.

  4. AddendumG/TBT/N/USA/1871/Add.3

    Comment deadline: Closed on 30 November 2023

    Portable Fuel Container Safety Act Regulation

    Direct final rule - The Portable Fuel Container Safety Act of 2020 (PFCSA) provides that the Consumer Product Safety Commission (Commission) must promulgate a rule to require flame mitigation devices in portable fuel containers that impede the propagation of flame into the container, unless the Commission determines that there is a voluntary standard for flame mitigation devices that achieves the same result. In January 2023, the Commission published in the Federal Register (and notified in G/TBT/N/USA/1871/Add.1) a notice of its determinations under the PFCSA that three such voluntary standards collectively apply to all known classes of portable fuel containers. Pursuant to the PFCSA, therefore, the requirements of the three voluntary standards are treated as a consumer product safety rule under the Consumer Product Safety Act (CPSA). ASTM then notified the Commission that one standard had been revised. The Commission evaluated the revised standard and found that the revisions carry out the purposes of the PFCSA. Accordingly the revisions will be incorporated into the mandatory standard for portable fuel containers. This direct final rule creates a new part codifying the incorporation by reference of this revised standard and the other two voluntary standards that are mandatory under the PFCSA. The rule is effective on 9 December 2023, unless CPSC receives a significant adverse comment by 30 November 2023. If CPSC receives such a comment, it will publish in the Federal…

  5. AddendumG/TBT/N/USA/1871/Add.2

    Comment deadline: Closed on 7 July 2023

    Notice of Availability: Voluntary Standards Evaluation Under the Portable Fuel Container Safety Act of 2020

    TITLE: Notice of Availability of Updated ASTM Standard Under the Portable Fuel Container Safety Act AGENCY: Consumer Product Safety Commission ACTION: Notification of availability and request for comment SUMMARY: In January 2023, the U.S. Consumer Product Safety Commission determined under the Portable Fuel Container Safety Act of 2020 (PFCSA) that ASTM F3429/F3429M-20 is a mandatory consumer product safety rule that impedes the propagation of flames into pre-filled portable fuel containers covered by the standard. ASTM has since notified the Commission that it has revised this voluntary standard. CPSC seeks comment on whether the revision meets the requirements of the PFCSA. DATES: Comments must be received by 7 July 2023. This notification of availability; request for comment and previous actions notified under the symbol G/TBT/N/USA/1871 are identified by Docket Number CPSC-2022-0017. The Docket Folder is available from Regulations.gov at and provides access to primary documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number. WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point by or before 4pm Eastern Time on 7 July 2023. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with the regulator and will also be submitted to the Docket on Regulations.gov if received within the comment period.

  6. AddendumG/TBT/N/USA/1871/Add.1

    Determinations Regarding Portable Fuel Container Voluntary Standards Under the Portable Fuel Container Safety Act

    TITLE: Determinations Regarding Portable Fuel Container Voluntary Standards Under the Portable Fuel Container Safety Act AGENCY: Consumer Product Safety Commission ACTION: Determinations SUMMARY: The Portable Fuel Container Safety Act of 2020 (PFCSA) provides that the Consumer Product Safety Commission (Commission) must promulgate a rule to require flame mitigation devices in portable fuel containers that impede the propagation of flame into the container, unless the Commission determines that there is a voluntary standard for flame mitigation devices that impedes the propagation of flame into the container. The Commission is announcing in this document that it has determined that such voluntary standards exist for for all known classes of portable fuel containers. Therefore, the Commission will not be promulgating a final rule, and pursuant to the PFCSA, the requirements of such voluntary standards shall be treated as a consumer product safety rule under the Consumer Product Safety Act (CPSA). DATES: The Commission determinations made under the PFCSA for ASTM F3429/F3429M-20, ASTM F3326-21, and section 18 of UL 30:2022 discussed in this document will be effective by operation of law as consumer product safety rules on 12 July 2023. This determination and the notice of availability notified as G/TBT/N/USA/1871 are identified by Docket Number CPSC-2022-0017. The Docket Folder is available from Regulations.gov at and provides access to primary documents as well as comments…

  7. Regular notificationG/TBT/N/USA/1871

    Comment deadline: Closed on 23 June 2022

    Notice of Availability: Voluntary Standards Evaluation Under the Portable Fuel Container Safety Act of 2020

    Notice of availability - The Consumer Product Safety Commission (Commission or CPSC) is announcing the availability of a draft document titled, 'Voluntary Standards Evaluation Under the Portable Fuel Container Safety Act (PFSCA) of 2020.' The PFCSA requires the Commission, not later than 27 June 2023, to promulgate a final rule to require flame mitigation devices in portable fuel containers that impede the propagation of flame into the container 15 U.S.C. 2056d(b)(1). The PFCSA states, however, that the Commission is not required to promulgate a final rule if the Commission determines that the requirements for an exception relating to voluntary standards are met. 15 U.S.C. 2056d(b)(3)(A). Specifically, the Commission may rely on voluntary standards instead of the required rulemaking for a class of portable fuel containers within the scope of the Act if certain requirements are met.

Sources

Expodite writes its summary from the official record. The notification and the documents it notifies are on the WTO's own websites.

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