[DOCID: f:hr367.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-367
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CHILDREN'S GASOLINE BURN PREVENTION ACT
_______
October 9, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Dingell, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 814]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 814) to require the Consumer Product Safety
Commission to issue regulations mandating child-resistant
closures on all portable gasoline containers, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 1
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Earmarks and Tax and Tariff Benefits............................. 4
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 4
Advisory Committee Statement..................................... 4
Constitutional Authority Statement............................... 4
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
AMENDMENT
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Gasoline Burn Prevention
Act''.
SEC. 2. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.
(a) Consumer Product Safety Rule.--The provision of subsection (b)
shall be considered to be a consumer product safety rule issued by the
Consumer Product Safety Commission under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058).
(b) Requirements.--Effective 6 months after the date of enactment of
this Act, each portable gasoline container manufactured on or after
that date for sale in the United States shall conform to the child-
resistance requirements for closures on portable gasoline containers
specified in the standard ASTM F2517-05, issued by ASTM International.
(c) Definition.--As used in this Act, the term ``portable gasoline
container'' means any portable gasoline container intended for use by
consumers.
(d) Revision of Rule.--If, after the enactment of this Act, ASTM
International proposes to revise the child resistance requirements of
ASTM F2517-05, ASTM International shall notify the Consumer Product
Safety Commission of the proposed revision and the proposed revision
shall be incorporated in the consumer product safety rule under
subsection (a) unless, within 60 days of such notice, the Commission
notifies ASTM International that the Commission has determined that
such revision does not carry out the purposes of subsection (b).
(e) Implementing Regulations.--Section 553 of title 5, United States
Code, shall apply with respect to the issuance of any regulations by
the Consumer Product Safety Commission to implement the requirements of
this section, and sections 7 and 9 of the Consumer Product Safety Act
shall not apply to such issuance.
(f) Report.--Not later than 2 years after the date of enactment of
this Act, the Consumer Product Safety Commission shall transmit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on--
(1) the degree of industry compliance with the standard
promulgated under subsection (a);
(2) any enforcement actions brought by the Commission to
enforce such standard; and
(3) incidents involving children interacting with portable
gasoline containers (including both those that are and are not
in compliance with the standard promulgated under subsection
(a)).
PURPOSE AND SUMMARY
The purpose of H.R. 814, the Children's Gasoline Burn
Prevention Act, is to enhance the protection of children from
death or serious injury from burn hazards. H.R. 814 requires
the same child-resistant caps for all gasoline containers,
whether sold with or without gasoline. Although certain State
environmental emission and spill control laws as well as
voluntary child resistance standards have been adopted more
recently, current Federal law requires such caps only on such
containers sold with gasoline in them at time of sale. H.R. 814
thus requires the Consumer Product Safety Commission (CPSC) to
issue regulations mandating child-resistant closures on all
portable gasoline containers, and provides that any revisions
to the applicable child resistance requirements proposed by
ASTM International shall be incorporated in the consumer
product safety rule. H.R. 814 also requires the CPSC to report
to Congress two years after enactment of the legislation on
compliance by industry, agency enforcement actions, and any
reported incidents involving children and portable gasoline
cans.
BACKGROUND AND NEED FOR LEGISLATION
Gasoline in cans not secured with child-resistant caps can
pose a serious danger if small children gain access to them.
CPSC data estimate that in a single year, over 1,200 children
under the age of 5 were treated in emergency rooms for injuries
related to gasoline, either through fire, ingestion, or
inhalation of fumes. Other CPSC data confirm that, over an 11-
year period, there were 33 cases which involved a child under
the age of 5 gaining access to a gas can. Nineteen of these
resulted in deaths.
The Poison Packaging Prevention Act of 1973 (PPPA) requires
items containing dangerous or poisonous materials, such as drug
containers, to be sold with child-resistant caps. The PPPA does
not, however, apply to portable gasoline cans because the cans
are sold empty, even though the cans are designed for the
purpose of containing gasoline, a flammable substance. This
legislation is intended to require that all gasoline cans,
whether sold full or empty of gasoline, will be required to
have the same child-resistant caps.
HEARINGS
The Subcommittee on Commerce, Trade, and Consumer
Protection held a hearing on Tuesday, May 15, 2007, entitled
``Protecting Our Children: Current Issues in Consumer Product
Safety,'' which examined the performance of the CPSC in
safeguarding consumers, particularly children, from hazardous
products. Testimony was received from the Honorable Nancy A.
Nord, Acting CPSC Chairman; Mr. Alan Korn, Public Policy
Director and General Counsel, Safe Kids Worldwide; Ms. Rachel
Weintraub, Director of Product Safety and Senior Counsel,
Consumer Federation of America; Mr. Frederick Locker, General
Counsel, Toy Industry Association; Dr. Marla Felcher, Adjunct
Lecturer, Kennedy School of Government, Harvard University; Mr.
James A. Thomas, President, ASTM International; and Ms. Nancy
A. Cowles, Executive Director, Kids in Danger.
The Subcommittee also held a legislative hearing on
Wednesday, June 6, 2007, entitled ``Legislation to Improve
Consumer Product Safety for Children: H.R. 2474, H.R. 1699,
H.R. 814, and H.R. 1721.'' Testimony was received from Mr.
Edmund Mierzwinski, Consumer Program Director, United States
Public Interest Research Group and Ms. Sally Greenberg, Senior
Product Safety Counsel, Consumers Union.
COMMITTEE CONSIDERATION
On Tuesday, July 31, 2007, the Subcommittee on Commerce,
Trade, and Consumer Protection met in open markup session and
favorably forwarded H.R. 814, amended, to the full Committee
for consideration, by a voice vote. On Tuesday, September 25,
2007, the full Committee met in open markup session and ordered
H.R. 814 favorably reported to the House, as amended, by a
voice vote, a quorum being present. No amendments were offered
during full Committee consideration.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken during consideration of H.R.
814 or in ordering the bill reported. A motion by Mr. Dingell
to order H.R. 814 favorably reported to the House, as amended,
was agreed to by a voice vote.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the oversight findings of the
Committee are reflected in this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
The purpose of the legislation is to reduce the harm to
individuals, particularly children, by requiring child-
resistant closures on all portable gasoline containers.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Regarding compliance with clause 3(c)(2) of rule XIII of
the Rules of the House of Representatives, the Committee finds
that H.R. 814 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
EARMARKS AND TAX AND TARIFF BENEFITS
Regarding compliance with clause 9 of rule XXI of the Rules
of the House of Representatives, H.R. 814 does not contain any
Congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
COMMITTEE COST ESTIMATE
The Committee will adopt as its own the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Regarding clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, a cost estimate on H.R. 814 by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available as of the
time of the filing of this report by the Committee.
FEDERAL MANDATES STATEMENT
The Committee will adopt as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 establishes the short title of the bill as the
``Children's Gasoline Burn Prevention Act''.
Sec. 2. Child-resistant portable gasoline containers
Section 2(a) provides that the mandated standard for
portable gasoline containers under this legislation shall be
considered to be a consumer product safety rule issued by the
CPSC pursuant to Section 9 of the Consumer Product Safety Act
(15 U.S.C. 2058).
Section 2(b) mandates that, six months after the date of
enactment of this legislation, all portable gasoline containers
manufactured for sale in the United States shall conform to the
child-resistant standard specified in the ``standard ASTM
F2517-05,'' issued by ASTM International (ASTM), a private
standard-setting organization.
Additionally, Section 2(b) eliminates Section 9(a)-(f) of
the CPSA for the purpose of adopting a final safety rule
pertaining to portable gasoline containers. The effect of this
provision would eliminate the current procedural requirement of
issuing an advance notice of proposed rulemaking (``ANPR'') and
notice of proposed rulemaking (``NPR'') and potentially permit
the CPSC to adopt a final rule without the Administrative
Procedures Act requirement of providing the public with prior
notice and an opportunity to submit comments on the proposed
rule. This bill would also eliminate the required findings that
the Commission currently must make in the ANPR and NPR
rulemaking stages. The bill would also eliminate findings
required in the Final Rule stage, such as a final cost-benefit
regulatory analysis, a description of any alternatives to the
final rule considered by the Commission, a summary of any
significant issues raised by comments submitted during the
public comment period, a determination that the rule is
reasonably necessary to eliminate or reduce an unreasonable
risk of injury associated with the product, and a determination
that the rule imposes the least burdensome requirement which
prevents or adequately reduces the risk of injury for which the
rule is being promulgated. Section 2(b) would also eliminate
the requirement of the Commission to rely upon a voluntary
standard when the voluntary standard adequately addresses the
risk of injury and there is likely to be substantial compliance
with it. Other statutory requirements, however, such as those
of the Regulatory Flexibility Act, Congressional Review Act,
and National Environmental Policy Act, would continue to apply
to the rulemaking.
While the Committee has serious concerns about removing the
important requirements of Section 9 of the CPSA, this child-
resistant gasoline container cap standard has been recognized
as extremely effective. In the interest of protecting children
from potential harm, the Committee believes that the removal of
these requirements is in the public interest in this instance.
Section 2(c) defines ``portable gasoline container'' as any
portable gasoline container intended for use by consumers.
Section 2(d) provides that, in the event that ASTM proposes
in the future to revise the child resistance requirements of
ASTM F2517-05, ASTM is required to notify the CPSC. The CPSC
then has 60 days to consider the proposed change. If the CPSC
does not affirmatively notify ASTM that the proposed change
does not meet requirements for protecting the public safety,
the revised standard will replace the standard set forth in
this legislation and be considered a consumer product safety
rule under section 9.
Section 2(e) provides that, in the event that the CPSC
believes that there is a need to promulgate implementing
regulations to carry out the purposes of this legislation, it
may do so pursuant to the requirements of the Administrative
Procedure Act, 5 U.S.C. 553. It need not follow the procedures
set forth is sections 7 and 9 of the CPSA. Thus, any
implementing regulations would take place in a two-part
proceeding instead of the three-part proceeding required under
sections 7 and 9. The bill does not anticipate, however, that
implementing regulations should be necessary. The new standard
thus may take effect one year after enactment without any
further action by the CPSC.
Section 2(f) requires, no later than two years after the
date of enactment of this legislation, the CPSC to submit a
report to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate. The report must discuss industry
compliance with the new standard, CPSC enforcement actions, and
incidents involving children interacting with portable gasoline
cans, whether or not such cans are in compliance with the
required standard.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.
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