Interpretation of “Flammable Liquid Fuels” With Respect to Fuel Additives

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Consumer Product Safety Commission 16 CFR Part 1461 [Docket No. CPSC-2022-0017] RIN 3041-AE27 AGENCY: Consumer Product Safety Commission. ACTION: Final rule; interpretation. SUMMARY: 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. DATES: The rule is effective on October 19, 2026. FOR FURTHER INFORMATION CONTACT: Matthew A. Campbell, General Counsel, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone: (301) 504-0124; email: mcampbell@cpsc.gov . SUPPLEMENTARY INFORMATION: I. Background A. PFCSA The PFCSA required the Commission to promulgate, not later than 30 months after December 27, 2020, 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) . However, the Commission was not required to promulgate a final rule for a class of portable fuel containers within the scope of the PFCSA if th…