PART 1461—PORTABLE FUEL CONTAINER SAFETY ACT REGULATION Authority: 15 U.S.C. 2056d. Source: 88 FR 74346, Oct. 31, 2023, unless otherwise noted. § 1461.1 Scope and application. In accordance with the Portable Fuel Container Safety Act of 2020 (PFCSA), portable fuel containers must comply with the requirements specified in § 1461.3, which are considered to be consumer product safety rules. § 1461.2 Definition. The definition of portable fuel container in the PFCSA (5 U.S.C. 2056d(b)(8)) applies to this part. Specifically, a portable fuel container is defined in the PFCSA as 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)— (a)(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. (b) [Reserved] § 1461.3 Requirements for flame mitigation devices on portable fuel containers. Each portable fuel container manufactured for sale in the United States shall conform to one of the following applicable requirements. Containers sold pre-filled. (b) Containers sold empty. [88 FR 74346, Oct. 31, 2023, as amended at 89 FR 34106, Apr. 30, 2024] § 1461.4 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference material is available for inspection at the Consumer Product Safety Commission and at the National Archives and Records Administration (NARA). Contact the U.S. Consumer Product Safety Commission at: Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone (301) 504-7479, email [email protected]. www.archives.gov/federal-register/cfr/ibr-locations [email protected]. (a) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959; phone: (610) 832-9585; website: www.astm.org. (1) ASTM F3326-21, Standard Specification for Flame Mitigation Devices on Portable Fuel Containers, (2) ASTM F3429/F3429M-24, Standard Specification for Performance of Flame Mitigation Devices Installed in Disposable and Pre-Filled Flammable Liquid Containers, (b) UL Standards and Engagement, International, 151 Eastern Avenue, Bensenville, IL 60106; phone: 1-888-853-3503; website: www.shopulstandards.com. (1) ANSI/CAN/UL/ULC 30:2022, Standard for Safety: Metallic and Nonmetallic Safety Cans for Flammable and Combustible Liquids, (2) [Reserved] [88 FR 74346, Oct. 31, 2023, as amended at 89 FR 34106, Apr. 30, 2024]