[Federal Register: April 11, 2005 (Volume 70, Number 68)]
[Proposed Rules]
[Page 18339-18342]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap05-36]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1214
Safety Standard for Cigarette Lighters; Advance Notice of
Proposed Rulemaking; Request for Comments and Information
AGENCY: Consumer Product Safety Commission.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: Cigarette lighters may present an unreasonable risk of injury
due to mechanical malfunction of some lighters. In November 2001, the
Commission received a petition from the Lighter Association, Inc.
asking the Commission to adopt the voluntary ``Standard Consumer Safety
Specification for Lighters'' (ASTM F-400) as a mandatory standard under
the Consumer Product Safety Act (``CPSA''). On November 30, 2004 the
Commission voted to grant the petition. This advance notice of proposed
rulemaking (``ANPR'') initiates a rulemaking proceeding under the CPSA.
One result of the proceeding could be issuance of a rule requiring that
cigarette lighters meet certain safety requirements. The Commission
solicits written comments concerning the risks of injury associated
with the mechanical malfunction of cigarette lighters, the regulatory
alternatives discussed in this notice, other possible ways to address
these risks, and the economic impacts of the various regulatory
alternatives. The Commission also invites interested persons to submit
an existing standard, or a statement of intent to modify or develop a
voluntary standard, to address the risk of injury described in this
notice.
DATES: Written comments and submissions in response to this notice must
be received by June 10, 2005.
ADDRESSES: Comments should be e-mailed to cpsc-os@cpsc.gov. Comments
should be captioned ``ANPR for Cigarette Lighters.'' Comments may also
be mailed, preferably in five copies, to the Office of the Secretary,
Consumer Product Safety Commission, Washington, DC 20207-0001, or
delivered to the Office of the Secretary, Consumer Product Safety
Commission, Room 502, 4330 East-West Highway, Bethesda, Maryland;
telephone (301) 504-0800. Comments also may be filed by telefacsimile
to (301) 504-0127.
FOR FURTHER INFORMATION CONTACT: Rohit Khanna, Directorate for
Engineering Sciences, Consumer Product Safety Commission,
[[Page 18340]]
Washington, DC 20207; telephone (301) 504-7546 or e-mail:
rkhanna@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
In November 2001, the Commission received a petition from the
Lighter Association, Inc., Petition CP 02-1, asking that the Commission
issue a rule to make the voluntary standard ``Standard Consumer Product
Safety Specification for Lighters'' (ASTM F-400) a mandatory consumer
product safety standard under the Consumer Product Safety Act
(``CPSA''). The petitioner is a trade association representing the
major U.S. manufacturers and distributors of cigarette lighters. The
petitioner asserted that unreasonable risks of injury are being created
because imported lighters are not complying with the voluntary
standard.
The Commission published a notice in the Federal Register on
January 17, 2002, requesting comments on the petition. 67 FR 2420. The
Commission received a total of 16 comments on the petition. The
Commission staff reviewed the petition, the comments, and available
information and prepared a briefing package for the Commission
(available at http://www.cpsc.gov). On September 14, 2004, the
Commission held a public meeting at which the staff briefed the
Commission, and the Commission invited the public to present comments
on the petition. David H. Baker presented testimony on behalf of the
petitioner, and Robert Polk presented testimony on behalf of the
National Association of State Fire Marshals. Both presenters supported
granting the petition. On November 30, 2004, the Commission voted 2-0
to grant the petition.\1\
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\1\ Commissioner Thomas H. Moore filed a statement, which is
available from the Commission's Office of the Secretary or on the
Commission's Web site at http://www.cpsc.gov.
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B. The Product
Cigarette lighters are flame producing products commonly used to
light cigarettes, cigars and pipes. The Commission's Directorate for
Economic Analysis estimates that total annual sales of lighters are
about 900 million units. According to U.S. Census Bureau data, in 2003,
up to 776 million lighters were imported into the U.S. China accounted
for 55 percent of the lighter imports to the U.S. (420 million units)
in 2003.
C. The Risk of Injury
The staff reviewed available incident data involving malfunctions
of cigarette lighters. The staff searched the following five databases
for data: the National Fire Incident Reporting System (``NFIRS''), the
National Electronic Injury Surveillance System (``NEISS''), the Death
Certificates file (``DTHS''), the Injury or Potential Injury Incident
file (``IPII'') and the In-Depth Investigation file (``INDP'').
NFIRS Data
U.S. fire departments attended an estimated 330 residential
structure fires caused by cigarette lighter malfunctions from 1994 to
1999. These fires resulted in an estimated 90 injuries, 10 deaths, and
$2.8 million in property damage.
NEISS Data
NEISS is a statistical sampling of U.S. hospital emergency rooms
that is designed to capture injuries associated with consumer products,
while NFIRS is a voluntary fire department system that tracks fire
incidents in the U.S. Because injuries related to cigarette lighter
mechanical malfunctions are often not associated with a fire reportable
to NFIRS, the NEISS provides a better estimate of these injuries than
does NFIRS.
The most recent available NEISS data, 1997-2002, shows that during
that six year period, an estimated 3,015 individuals were treated in
hospital emergency departments for injuries resulting from
malfunctioning cigarette lighters. Ninety-six percent of these
individuals were treated and released. The majority (about 82 percent)
of the injuries were thermal burns. The face, hand, or fingers
accounted for 80 percent of the injured body parts.
Death Certificates File
For the period January 1, 1997 through December 31, 2002, one death
was identified from the DTHS file that may have involved a cigarette
lighter malfunction. On March 10, 2001, a 76 year-old woman died from
3rd degree burns over 90% of her body. The report from the county
sheriff's office concluded that the victim either accidentally ignited
her clothing with the lighter while smoking or the lighter sprayed fuel
on her while she was lighting her cigarette.
IPII and INDP Files
A total of 256 incidents related to cigarette lighter malfunctions
were identified from January 1, 1997 through December 31, 2002 from
sources including newspaper clippings, consumer complaints, medical
examiners' reports, and CPSC in-depth investigations. Although not a
statistical sample of all incidents that occurred during this time
period, these reports provide useful details about the incidents.
In 153 of these 256 incidents, there were no injuries. The
remaining 103 incidents resulted in injuries to 107 individuals. Three
of these individuals died, six were hospitalized with serious injuries,
and the majority (88) were treated and released. The condition of the
remaining individuals was not reported. The deaths reported here were
in addition to the deaths estimated through the NFIRS system. Where age
was reported, almost 66 percent of the individuals were 15 through 64
years of age. There were no injuries to children under 5 years old
reported.
The most frequent type of malfunction identified in the incidents
was explosion due to pressure or volumetric displacement. Malfunctions
due to pressure or volumetric displacement led to all three deaths
reported in the IPII and INDP incidents. Some other failures that
resulted in serious injury included fuel leakage resulting in ignition
and flaring of the lighter.
D. Relevant Statutory Provisions
The petition was docketed under the CPSA, 15 U.S.C. 2051 et seq.
Section 7 of the CPSA authorizes the Commission to issue consumer
product safety standards that consist of performance requirements and/
or requirements for warnings or instructions. Id. 2056(a). The CPSA
also states that any requirement of a consumer product safety standard
must be ``reasonably necessary to prevent or reduce an unreasonable
risk of injury associated with such product.'' Id.
Section 9 of the CPSA specifies the procedure the Commission
follows to issue a consumer product safety standard. The Commission
commences the rulemaking by issuing an ANPR which must identify the
product and the risk of injury, summarize regulatory alternatives, and
invite comments or suggested standards from the public. Id. 2058(a).
After considering any comments submitted in response to the ANPR, the
Commission will decide whether to issue a proposed rule and a
preliminary regulatory analysis in accordance with section 9(c) of the
CPSA. If a proposed rule is issued, the Commission would then consider
the comments received in response to the proposed rule in deciding
whether to issue a final rule and a final regulatory analysis. 15
U.S.C. 2058(f).
To issue a final rule, the Commission must find that the rule is
``reasonably necessary to eliminate or reduce an unreasonable risk of
injury associated
[[Page 18341]]
with such product'' and that issuing the rule is in the public
interest. Id. 2058(f)(3)(A)&(B). In addition, if a voluntary standard
addressing the risk of injury has been adopted and implemented, the
Commission must find that (1) the voluntary standard is not likely to
eliminate or adequately reduce the risk of injury, or that (2)
substantial compliance with the voluntary standard is unlikely. Id.
2058(f)(3)(D). The Commission also must find that expected benefits of
the rule bear a reasonable relationship to its costs and that the rule
imposes the least burdensome requirements that would adequately reduce
the risk of injury. Id. 2058(f)(3)(E)&(F).
E. Regulatory Alternatives
One or more of the following alternatives could be used to reduce
the identified risks associated with mechanical malfunctions of
cigarette lighters.
1. Mandatory standard. The Commission could issue a rule specifying
certain performance requirements that cigarette lighters must meet.
These requirements could be based on the requirements in ASTMF-400.
2. Mandatory labeling rule. The Commission could issue a rule
requiring specified warnings or instructions for cigarette lighters.
3. Voluntary standard. If the Commission determined that ASTM F-400
is adequate to address the risk of injury associated with the product
and that substantial compliance with it is likely, the Commission could
defer to the voluntary standard in lieu of issuing a mandatory rule.
4. Reliance on recalls. Another alternative is for the Commission
to take no regulatory action, but to pursue corrective actions of
cigarette lighters on a case-by-case basis using its authority under
section 15 of the CPSA, 15 U.S.C. 2064.
F. Existing Standards
The Commission currently has a mandatory standard that applies to
disposable and novelty cigarette lighters. 16 CFR part 1210. The
standard prescribes requirements to make these lighters resistant to
children younger than 5 years old.
The Standard Consumer Safety Specification for Lighters (ASTM F-
400) was published in 1975. This is a voluntary standard. The standard
establishes general safety requirements for all lighters. ASTM F-400
includes requirements for a maximum flame height, proper flame
extinction, maintaining structural integrity when the lighter is
exposed to hot or cold temperatures, maintaining structural integrity
after a ``drop'' test, and requirements for internal pressure and fuel
levels. ASTM F-400 also includes safety labeling requirements and
instructions for proper use. Hazards associated with explosions are
addressed by requirements for pressure/volumetric displacement, flame
control, and fuel leakage.
There are international standards for lighters with requirements
similar to those in ASTM F-400. The International Organization for
Standardization (``ISO'') has published ISO 9994 Lighters, Safety
Specifications, which has been adopted in many European countries.
Compliance with ISO 9994 is also mandatory in Australia and New
Zealand. Canada has requirements that are substantially the same as
ASTM F-400 (Hazardous Products Regulations, SOR/89-514, P.C. 1989-2151,
amended by SOR/91-251, P.C. 1995-827). Mexico does as well (NOM-090-
SCFI-1994). A mandatory safety standard with requirements based on ASTM
F-400 could further the goal of harmonizing U.S. and international
rules.
The petitioner asserted that, due to the voluntary nature of ASTM
F-400, many imported cigarette lighters do not conform to its
requirements. The Commission has received some information from the
petitioner and others in the industry concerning the level of
compliance with the voluntary standard. Based on these submissions
alone, the CPSC staff estimated in its briefing package that at least
75 percent (665 million units) of lighters in the U.S. market are
purported to conform to the requirements of ASTM F-400. At the
September 14, 2004 public meeting, the petitioner asserted that the
compliance level may be substantially less than that level. The
Commission staff has not yet conducted its own study of the level of
compliance with the ASTM standard. The staff intends to conduct such a
study in order to obtain an accurate estimate of the level of
compliance.
G. Public Comments on the Petition
The Commission published a Federal Register notice asking for
comments on the petition on January 17, 2002. 67 FR 2420. The
Commission received a total of 16 comments on the petition. These are
available from the Commission's Office of the Secretary.
Fourteen comments supported the petition, one comment was neutral,
and one comment opposed the petition. Many commenters reiterated the
petitioner's statements that the ASTM standard has the force and effect
of law in Canada and Mexico, and that failure to enforce the ASTM
standard in the U.S. is creating an unreasonable risk of injury.
Letters supporting the petition came from companies that distribute,
import, and/or export cigarette lighters. One comment from several
importers of Chinese lighters opposed the petition, stating that a
mandatory safety standard is unnecessary.
H. Request for Information and Comments
This ANPR is the first step of a proceeding that could result in a
mandatory rule for cigarette lighters to address mechanical malfunction
of lighters. All interested persons are invited to submit to the
Commission their comments on any aspect of the alternatives discussed
above. In accordance with section 9(a) of the CPSA, the Commission
solicits:
1. Written comments with respect to the risk of injury identified
by the Commission, the regulatory alternatives being considered, and
other possible alternatives for addressing the risk.
2. Any existing standard or portion of a standard which could be
issued as a proposed regulation.
3. A statement of intention to modify or develop a voluntary
standard to address the risk of injury discussed in this notice, along
with a description of a plan (including a schedule) to do so.
In addition, the Commission is interested in receiving information
or test data concerning cigarette lighters' conformance to the
requirements of ASTM F-400 (or similar safety standards).
Comments should be e-mailed to cpsc-os@cpsc.gov. and should be
captioned ``ANPR for cigarette lighters.'' Comments may also be mailed,
preferably in five copies, to the Office of the Secretary, Consumer
Product Safety Commission, Washington, DC 20207-0001, or delivered to
the Office of the Secretary, Consumer Product Safety Commission, Room
502, 4330 East-West Highway, Bethesda, Maryland 20814; telephone (301)
504-0800. Comments also may be filed by telefacsimile to (301) 504-
0127. All comments and submissions should be received no later than
June 10, 2005.
Dated: April 4, 2005.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
List of Relevant Documents
1. Briefing memorandum from Jacqueline Elder, CPSC, Assistant
Executive Director, Office of Hazard Identification and Reduction and
Rohit Khanna, Project Manager, Directorate for
[[Page 18342]]
Engineering Sciences, to the Commission, May 27, 2004.
2. Petition CP 02-1 from the Lighter Association, Inc. to Adopt
ASTM F-400 as a Consumer Product Safety Standard, November 27, 2001.
3. Memorandum from Charles L. Smith, CPSC, Directorate for Economic
Analysis, ``Lighter Petition (Petition CP 02-1): Economic
Considerations,'' March 10, 2004.
4. Memorandum from Joe Vogel, CPSC, Office of Compliance,
``Petition to Adopt ASTM F-400 for Cigarette Lighters as a Consumer
Product Safety Standard under the Consumer Product Safety Act,''
February 26, 2004.
5. Memorandum from Risana Chowdhury, CPSC, Division of Hazard
Analysis, ``Hazards Associated with Cigarette Lighter Malfunctions,''
January 13, 2004.
[FR Doc. 05-7106 Filed 4-8-05; 8:45 am]
BILLING CODE 6355-01-P