Federal Register #2026-21348

CPSC clarification on fuel additives excluded from the Portable Fuel Container Safety Act

The Consumer Product Safety Commission (CPSC) clarified how the Portable Fuel Container Safety Act applies to certain fuel additives. - Government buyer / issuing agency: Consumer Product Safety Commission (CPSC); no specific sub-agency or office is identified. - OEM mentioned: Sea Foam, identified in the rule’s background as a fuel-additive manufacturer involved in related litigation. No products are being procured from Sea Foam. - The rule excludes additives used solely for purposes such as improving engine performance, cleaning engine components, extending engine life, stabilizing fuel, or preventing weather effects, when those purposes are unrelated to creating heat or power. - Portable containers intended solely for these additives are outside the Act’s flame mitigation device requirements. - This is a regulatory notice, not a request for products or services; no procurement items, quantities, part numbers, or new substantive legal requirements are identified.

Description

The Consumer Product Safety Commission (CPSC) issues an interpretive rule under the Portable Fuel Container Safety Act of 2020. It clarifies that “flammable liquid fuels” does not include fuel additives intended solely to improve engine performance, clean engine components, extend engine life, stabilize fuel, prevent weather effects, or serve similar purposes unrelated to creating heat or power. Portable containers intended solely for those additives are not subject to the flame mitigation device requirements in 16 CFR part 1461. The rule is effective October 19, 2026, and does not impose new legal obligations or substantive requirements.

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