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

Issuing agencies

Abstract

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.

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<title>Federal Register, Volume 91 Issue 200 (Monday, October 19, 2026)</title>
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[Federal Register Volume 91, Number 200 (Monday, October 19, 2026)]
[Rules and Regulations]
[Pages 65967-65969]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21348]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1461

[Docket No. CPSC-2022-0017]
RIN 3041-AE27


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

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule; interpretation.

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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: 
<a href="/cdn-cgi/l/email-protection#7b16181a160b191e17173b180b0818551c140d"><span class="__cf_email__" data-cfemail="e78a84868a9785828b8ba784979484c9808891">[email&#160;protected]</span></a>.

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 
the Commission determined that existing voluntary standards met certain 
requirements under the statute and published those determinations in 
the Federal Register. 15 U.S.C. 2056d(b)(3). Pursuant to the PFCSA, 
once the Commission made such a determination with respect to a 
voluntary standard, the requirements of that voluntary standard shall 
be treated as a mandatory consumer product safety rule. 15 U.S.C. 
2056d(b)(4).
    On January 13, 2023, the Commission published favorable 
determinations under section 2056d(b)(3)(A) of the PFCSA regarding 
three voluntary standards for portable fuel containers: ASTM F3429/
F3429M-20, ASTM F3326-21, and section 18 of ANSI/CAN/UL/ULC 30:2022 (UL 
30:2022). 88 FR 2206. Since the Commission's January 2023 
determinations, ASTM F3429/F3429M-20 has been updated twice. In October 
2023, the mandatory standard was updated to ASTM F3429/F3429M-23 and 
CPSC codified this standard in the Code of Federal Regulations (88 FR 
74342, October 31, 2023), and in April 2024, the mandatory standard was 
updated to ASTM F3429/F3429M-24 (89 FR 34102, April 30, 2024). Pursuant 
to the PFCSA, each revised voluntary standard became enforceable as a

[[Page 65968]]

mandatory consumer product safety rule, in place of the prior version 
of the voluntary standard, because the Commission found that each 
revised voluntary standard met the requirements of the PFCSA. 15 U.S.C. 
2056d(b)(5). The Commission has codified the current version of each 
voluntary standard that is mandatory standard under the PFCSA in 16 CFR 
part 1461.

B. Statutory Definition of Portable Fuel Container

    The PFCSA defines the term ``portable fuel container'' 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):
    <bullet> intended for flammable liquid fuels with a flash point 
less than 140 degrees Fahrenheit, including gasoline, kerosene, diesel, 
ethanol, methanol, denatured alcohol, or biofuels;
    <bullet> that is a consumer product with a capacity of 5 gallons or 
less; and
    <bullet> that the manufacturer knows or reasonably should know is 
used by consumers for transporting, storing, and dispensing flammable 
liquid fuels.
    15 U.S.C. 2056d(b)(8) (emphasis added). The statute does not 
expressly address whether the phrase ``flammable liquid fuels'' 
includes fuel additives that have a flash point less than 140 degrees 
Fahrenheit and are intended solely to improve engine performance, clean 
engine components, extend engine life, stabilize fuel, prevent weather 
effects from fuel, or serve another purpose unrelated to creating heat 
or power.

C. Fuel Additives Under the PFCSA

    On May 24, 2022, the Commission published a notice of availability 
requesting public comment on staff's voluntary standards evaluation 
under the PFCSA. 87 FR 31540. In response to the notice of 
availability, two commenters asked the Commission to clarify whether 
fuel additives are considered fuel under the statutory definition of 
portable fuel containers in the PFCSA. In the January 2023 
determinations notice, the Commission published CPSC staff's response 
to these comments, stating:

    The PFCSA defines ``portable fuel containers'' as products 
``intended for flammable liquid fuels with a flash point less than 
140 degrees Fahrenheit, including gasoline, kerosene, diesel, 
ethanol, methanol, denatured alcohol, or biofuels.'' 15 U.S.C. 
2056d(b)(8)(A). Fuels generally are considered substances that can 
be burned to release energy, and liquids with a flash point below 
140 degrees Fahrenheit are, by the definition of flash point, 
capable of being burned at that temperature. Staff assessed all 
known flammable liquid fuels with a flash point less than 140 
degrees as part of the evaluation of the voluntary standards under 
the PFCSA. Accordingly, while classification of a particular 
container for purposes of the PFCSA is case-specific, as a general 
matter, when a liquid with a flash point less than 140 degrees 
Fahrenheit is intended to be used as, or in, a fuel mixture to 
support combustion, it is a fuel under the definition of ``portable 
fuel containers'' as indicated in the PFCSA.

    88 FR 2209 (emphasis added).
    In December 2024, the fuel additive manufacturer Auto-Mark, Inc. d/
b/a Sea Foam Sales Company (Sea Foam) filed suit in the U.S. District 
Court for the District of Minnesota, asserting that the PFCSA should 
not be interpreted to include Sea Foam's fuel additives. Auto-Mark, 
Inc. v. Consumer Prod. Safety Comm'n, 2025 U.S. Dist. LEXIS 183107* (D. 
Minn. Sept. 18, 2025). Sea Foam stated that its products should not be 
considered ``fuel'' because they do not create heat or power on their 
own and instead are used to clean the components of fuel and oil 
systems. Id. at *27. In September 2025, the court in an unpublished 
order noted that the dictionary definitions of ``fuel'' include 
``combustible matter used to maintain fire, as coal, wood, oil, or gas, 
in order to create heat or power'' and ``a material used to produce 
heat or power by burning.'' Id. The court concluded that, ``[g]iven the 
record presented at this time, the fuel-additive products at issue do 
not meet the dictionary definitions of `fuel'. . . . '' Id.

II. Description of the Interpretive Rule

    As noted above, the Commission previously published in the Federal 
Register staff's response to comments concerning the status of fuel 
additives under the PFCSA, which stated that ``while classification of 
a particular container for purposes of the PFCSA is case-specific, as a 
general matter, when a liquid with a flash point less than 140 degrees 
Fahrenheit is intended to be used as, or in, a fuel mixture to support 
combustion, it is a fuel under the definition of `portable fuel 
containers.' '' 88 FR 2209. In light of the statutory text, the 
ordinary meaning of the term ``fuel,'' and the considerations discussed 
above, the Commission concludes this term in the Portable Fuel 
Container Safety Act does not encompass fuel additives that are 
intended solely to perform maintenance or performance-enhancing 
functions rather than to create heat or power. The Commission's prior 
interpretation was articulated in January 2023, when the prevailing law 
under Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc. was that 
courts must defer to an agency's reasonable interpretation of an 
ambiguous statute that it administers. 467 U.S. 837 (1984). However, 
the Supreme Court subsequently overturned Chevron and articulated a new 
legal standard in Loper Bright Enters. v. Raimondo, which holds that 
``Courts must exercise their independent judgment in deciding whether 
an agency has acted within its statutory authority . . . .'' 603 U.S. 
369 (2024). Thus, even if the Commission disagreed about the best 
interpretation of ``fuel'' under the Act (which it does not), the 
ultimate authority for interpreting the Act lies with the courts. And, 
as noted above, the District Court has provided its interpretation.
    Consistent with this interpretation, the Commission amends 16 CFR 
part 1461, ``Portable Fuel Container Safety Act Regulation'' by adding 
a new paragraph (b) to section 1461.2, Definition, which states that 
the Commission does not interpret the phrase ``flammable liquid fuels'' 
in the statutory definition of portable fuel container in paragraph (a) 
of section 1461.2 to include fuel additives that are intended to be 
added to liquid flammable fuels for the sole purpose of improving 
engine performance, cleaning engine components, extending engine life, 
stabilizing fuel, preventing weather effects from fuel, or another 
purpose unrelated to creating heat or power.\1\ This new paragraph is 
being added to section 1461.2 to inform the public that the Commission 
does not interpret the phrase ``flammable liquid fuels'' to include 
fuel additives as described in section 1461.2(b). This additional 
guidance provides regulatory certainty regarding the Commission's 
interpretation of the PFCSA and the products that fall within the scope 
of the PFCSA, thereby providing clarity to manufacturers, retailers, 
importers, consumers, and other interested parties.
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    \1\ The Commission voted 3-0 to publish this notification.
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    The interpretive rule does not impose any new legal obligations or 
substantive requirements on regulated entities. Rather, it explains the 
Commission's interpretation of existing statutory language. Because 
this is an interpretive rule, the Administrative Procedure Act does not 
require the Commission to issue a notice of proposed rulemaking, and 
this interpretive rule is effective as of the date of publication in 
the Federal Register. 5 U.S.C. 553(b). This is consistent with the U.S. 
Attorney General's definition for interpretative rules, described as 
``rules or statements

[[Page 65969]]

. . . to advise the public of the agency's construction of the statues 
and rules which it administers'' (Department of Justice, Attorney 
General's Manual on the Administrative Procedure Act, 30 n.3 (1947)). 
Additionally, the Commission is not required to conduct a regulatory 
flexibility analysis under the Regulatory Flexibility Act, 5 U.S.C. 
604, and this interpretive rule has no preemptive effect. This 
interpretive rule contains no new information collection requirements 
under the Paperwork Reduction Act of 1995. 44 U.S.C. 3501 et seq. The 
Office of Information and Regulatory Affairs has found that this 
interpretive rule meets the Congressional Review Act criteria at 5 
U.S.C. 804(2). However, the Commission has also found that a delayed 
effective date is impractical and unnecessary for this interpretive 
rule. 5 U.S.C. 808(2).

III. Burden Reduction

    Executive Order 14192, ``Unleashing Prosperity Through 
Deregulation'' (E.O. 14192) states the policy of the executive branch 
``to alleviate unnecessary regulatory burdens placed on the American 
people.'' 90 FR 9065, Feb. 6, 2025; signed Jan. 31, 2025. In accordance 
with E.O. 14192, the Commission is reviewing its regulations to reduce 
regulatory burdens and costs.
    This interpretive rule clarifies that fuel additives intended 
solely to improve engine performance, clean engine components, extend 
engine life, stabilize fuel, prevent weather-related degradation, or 
serve other purposes unrelated to creating heat or power are not 
``flammable liquid fuels'' within the meaning of the PFCSA. 
Accordingly, portable containers intended solely for such fuel 
additives are not subject to the flame mitigation device requirements 
for portable fuel containers in 16 CFR part 1461.
    This final rule is a deregulatory action under E.O. 14192. Staff 
estimates that this clarification avoids approximately $545.7 million 
in annual compliance costs that otherwise would be incurred by 
manufacturers of fuel additive products. Discounted over 10- and 30-
year periods using OMB-recommended discount rates of 3 and 7 percent, 
respectively, the present value of these avoided costs ranges from 
approximately $3.8 billion to $10.7 billion.
    By clarifying the proper scope of the statutory definition of 
``portable fuel container'' and eliminating unnecessary compliance 
obligations for products outside that definition, this interpretive 
rule advances the policy reflected in E.O. 14192 of reducing 
unnecessary regulatory burdens on the American people while faithfully 
executing the law.

List of Subjects in 16 CFR Part 1461

    Consumer protection, Portable fuel containers, Safety.

    For the reasons discussed in the preamble, the Commission amends 16 
CFR chapter II as follows:

PART 1461--PORTABLE FUEL CONTAINER SAFETY ACT REGULATION

0
1. The authority citation for part 1461continues to read as follows:

    Authority: 15 U.S.C. 2056d.


0
2. Amend Sec.  1461.2 by adding paragraph (b) to read as follows:


Sec.  1461.2  Definition.

* * * * *
    (b) The Commission does not interpret the phrase ``flammable liquid 
fuels'' in the statutory definition of portable fuel container in 
paragraph (a) of this section 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 
another purpose unrelated to creating heat or power.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2026-21348 Filed 10-16-26; 8:45 am]
BILLING CODE 6355-01-P


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