Portable Fuel Container Safety Act of 2016

Rule on safety performance specifications required— The Consumer Product Safety Commission shall promulgate a final rule relating to flame mitigation devices in portable fuel containers for flammable liquid fuels that sufficiently reduces the risk of injuries associated with the tendency of vapors igniting when the container is near an open flame or other ignition source.

Rulemaking; consumer product safety standard— A rule under subsection (a)—

Future rulemaking— The Commission, at any time after publication of the consumer product safety rule required by subsection (a) 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).

Report required— 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 to educate consumers about the dangers involved in pouring flammable liquids on or near an ignition source.

Portable fuel container defined— In this section, the term portable fuel container means a receptacle for flammable liquids, including any spout, retrofit spout, cap and other closure mechanism and component of such receptacle, that foreseeably will be used by consumers and is manufactured or imported for use in the United States.

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).