[Federal Register: August 4, 1999 (Volume 64, Number 149)]
[Proposed Rules]
[Page 42302-42304]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au99-21]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1212
Multi-Purpose Lighters; Request for Additional Comment
AGENCY: Consumer Product Safety Commission.
ACTION: Supplemental Notice of proposed rulemaking.
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SUMMARY: The U.S. Consumer Product Safety Commission (``CPSC'' or
``Commission'') previously proposed a rule that would require multi-
purpose lighters to resist operation by children under age 5. 63 FR
52397 (September 30, 1998); see also 63 FR at 52394; 63 FR 69030
(December 15, 1998). In that proposal, the degree of child resistance
is measured by a test with a panel of children to see how many can
operate a multi-purpose lighter that has its on/off switch in the off,
or locked, position. In this notice, the Commission proposes that the
child-panel tests instead be conducted with the on/off switch in the
on, or unlocked, position. This will provide additional protection when
the users of the lighters do not return the switch to the off position
after use. The Commission solicits written and oral comments on this
change. Comments must be limited to issues raised by the changed
requirement in this document.
DATES: The Commission must receive any written comments in response to
this proposal by October 18, 1999. If the Commission receives a request
for oral presentation of comments, the presentation will begin at 10
a.m., September 15, 1999, in Room 420 in the Commission's offices at
4330 East-West Highway, Bethesda, MD 20814.
The Commission must receive requests to present oral comments by
September 1, 1999. Persons requesting an oral presentation must file a
written text of their presentations no later than September 8, 1999.
ADDRESSES: Written comments, and requests to make oral presentations of
comments, should be mailed, preferably in five copies, to the Office of
the Secretary, Consumer Product Safety Commission, Washington, D.C.
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 or by email to cpsc-os@cpsc.gov.
Written comments should be captioned ``NPR for Multi-Purpose
Lighters.'' Requests to make oral presentations and texts of
presentations should be captioned ``Oral Comment; NPR for Multi-Purpose
Lighters.''
FOR FURTHER INFORMATION CONTACT:
Concerning the substance of the proposed rule: Barbara Jacobson,
Project Manager, Directorate for Health Sciences, Consumer Product
Safety Commission, Washington, D.C. 20207-0001; telephone (301) 504-
0477, ext. 1206; email bjacobson@cpsc.gov.
Concerning requests and procedures for oral presentations of comments:
Rockelle Hammond, Docket Control and Communications Specialist,
Consumer Product Safety Commission, Washington, DC 20207; telephone:
(301) 504-0800 ext. 1232. Information about this rulemaking proceeding
may also be found on the Commission's web site: www.cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Discussion
The Commission previously proposed a rule under the Consumer
Product Safety Act (``CPSA'') that would require multi-purpose lighters
to resist operation by children under age 5. 63 FR 52397 (September 30,
1998); see also 63 FR at 52394; 63 FR 69030 (December 15, 1998). As
proposed, multi-purpose
[[Page 42303]]
lighters, which are also known as grill lighters, fireplace lighters,
utility lighters, micro-torches, or gas matches, are defined as: hand-
held, self-igniting, flame-producing products that operate on fuel and
are used by consumers to ignite items such as candles, fuel for
fireplaces, charcoal or gas-fired grills, camp fires, camp stoves,
lanterns, fuel-fired appliances or devices, or pilot lights, or for
uses such as soldering or brazing. See proposed 16 CFR 1212.2(a)(1).
The term does not include cigarette lighters (which are subject to the
Safety Standard for Cigarette Lighters, 16 CFR 1210.2(c)), devices that
contain more than 10 oz. of fuel, and matches. Id. The proposal also
would require that the child-resistant mechanism automatically return
to the child-resistant condition either (1) when or before the user
lets go of the lighter or (2), for multi-purpose lighters that remain
lit after the users have let go, when or before the user lets go of the
lighter after turning off the flame. Id. at Sec. 1212.3(b)(3).
In the previous proposal, the degree of child resistance of a
multi-purpose lighter is measured by a test with a panel of children to
see how many can operate the lighter. That test provides that during
testing for child-resistance, multi-purpose lighters with an on/off
switch will be tested with the switch in the off, or locked, position.
Id. at Sec. 1212.4(f)(1).
On/off switches block the operating mechanism of the lighter when
in the off, or locked, position. The mechanism is released when the
switch is in the on, or unlocked, position. In currently marketed
lighters, the switch does not automatically reset to the locked
position when the lighter is operated. During testing to determine the
baseline child-resistance of currently marketed (non-child-resistant)
multi-purpose lighters, the CPSC staff tested four lighters, having on/
off switches, with the switch in the locked position. Children who were
able to operate the lighters moved the switch to the unlocked position
and pulled the trigger. The child-resistance of the lighters so tested
ranged from 24 to 41 percent, well below the proposed requirement of 85
percent. The lighter with a child-resistance level of 41 percent was
retested with the switch unlocked, and its child-resistance level
dropped to 12 percent.
In its December 1998 comments on the proposal, BIC states that many
consumers will leave the lighter in the unlocked position. Further, BIC
points out that a manufacturer could design a lighter with an on/off
switch that is very difficult for a child to unlock, and with a very
simple child-resistance mechanism which, in itself, would not meet the
85 percent child-resistance requirement. BIC therefore contends that
multi-purpose lighters with on/off switches should be tested with the
switch in the unlocked position.
The Commission concurs with BIC's recommended modification to the
test protocol. Testing lighters with the switches in the locked
position treats the switch as part of the child-resistance mechanism.
On/off switches are not adequate to serve this purpose. First, as the
Commission's baseline testing demonstrated, most children in the panel
age group (42 to 51 months old) can operate the switches, which are
similar to those used on many types of toys. Second, when practical,
safety devices should function automatically. When in the locked
position, the switch may help delay or deter some proportion of
children. This protection, however, is not reliable. To provide this
protection, intended users must return the switch to the off position
every time the lighter is used. For a variety of reasons, even the most
careful adults may fail to return the switch to the off position. Thus,
as BIC points out, test results for lighters tested with the switch in
the locked position may not reflect the true child-resistance of the
product as actually used by consumers. Therefore, the Commission now
proposes that the test protocol should require that lighters with on/
off switches that do not automatically reset to the off position be
tested with the switch in the on, or unlocked, position. This change is
consistent with the requirement in the original proposal that the
child-resistant mechanism automatically reset to its protective
condition after the lighter is used.
B. Preliminary Regulatory Analysis
The CPSA requires the Commission to publish a preliminary
regulatory analysis of the proposed rule. This includes a discussion of
the likely benefits and costs of the proposed rule and its reasonable
alternatives. The Commission's preliminary regulatory analysis was
published in the September 30, 1998, proposal. The changed requirement
proposed in this notice does not significantly affect the results of
that analysis. To the extent that lighters accessible to children are
stored in the unlocked position, and thereby reduce the lighters' child
resistance, there would be an increase in the expected benefits as a
result of this change.
The preliminary regulatory analysis was based on the costs of
developing cigarette lighters with child-resistant mechanisms.
Generally, cigarette lighters do not have on/off switches separate from
the child-resistance mechanism (and thus, under the cigarette lighter
standard, are required to reset automatically after each actuation of
the lighting mechanism). Accordingly, the Commission's cost estimates
in the regulatory analysis did not assume that multi-purpose lighters
would have on/off switches separate from the resetting child-resistance
feature. Therefore, the change proposed in this notice is in line with
the cost estimates the staff already has made.
CPSC baseline testing shows that more children are unable to
operate a non-child-resistant multi-purpose lighter if the on/off
switch is in the off position than if the switch is in the on position.
Thus, it is possible that some models of multi-purpose lighters would
fail the certification tests unless the tests were conducted with the
on/off switch initially in the off position. Changing the protocol may,
therefore, adversely impact manufacturers whose initial child-resistant
designs were only marginally effective. However, the preliminary
regulatory analysis already considered that some manufacturers may need
to revise their designs if their initial attempts to certify their
multi-purpose lighters fail. Thus, these costs have already been
accounted for in the preliminary regulatory analysis.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires the Commission to
address and give particular attention to the economic effects of the
proposed rule on small entities. The original proposal's preliminary
regulatory flexibility analysis examined the potential effects of the
proposed rule on small entities. As explained above, the change
proposed in this notice is likely to have only small changes in the
costs and benefits of the final rule. Accordingly, this new requirement
does not significantly change the preliminary regulatory flexibility
analysis.
D. Preliminary Environmental Assessment
The proposed rule is not expected to have a significant effect on
the materials used in the production and packaging of multi-purpose
lighters, or in the number of units discarded after the rule becomes
effective. Therefore, no significant environmental effects would result
from the proposed mandatory rule for multi-purpose lighters.
E. Opportunities for Comment
Written comments limited to the issues raised by the additional
[[Page 42304]]
requirement proposed in this notice may be submitted until October 18,
1999. There also will be an opportunity for interested parties to
present oral comments on these issues on September 15, 1999. See the
information under the headings DATES and ADDRESSES at the beginning of
this notice. Any oral comments will be part of the rulemaking record.
Persons presenting oral comments should limit their presentations
to approximately 10 minutes, exclusive of any periods of questioning by
the Commissioners or the CPSC staff. The Commission reserves the right
to further limit the time for any presentation and to impose
restrictions to avoid excessive duplication of presentations.
F. Extension of Time To Issue Final Rule
Section 9(d)(1) of the CPSA, 15 U.S.C. 2058(d)(1), provides that a
final consumer product safety rule must be published within 60 days of
publication of the proposed rule unless the Commission extends the 60-
day period for good cause and publishes its reasons for the extension
in the Federal Register. The Commission previously extended the time
for issuing a final rule until June 30, 1999. 63 FR 52415.
This reproposal requires another extension of the time to issue a
final rule. After the comment period ends on October 18, 1999, the
CPSC's staff will need to address the comments and complete a briefing
package for the Commission. The Commission is likely to then be
briefed, and will later vote on whether to issue a final rule. The
Commission expects that this additional work will take about 5 months.
Accordingly, the Commission extends the time by which it must either
issue a final rule or withdraw the NPR until December 31, 1999. If
necessary, this date may be further extended.
Effective date. This reproposal does not require any change in the
originally proposed effective date of 1 year after the date a final
rule is issued.
List of Subjects in 16 CFR Part 1212
Consumer protection, Fire prevention, Hazardous materials, Infants
and children, Labeling, Packaging and containers, Reporting and
recordkeeping requirements.
In the Federal Register of September 30, 1998 (63 FR 52397) the
Commission proposed to amend Title 16, Chapter II, Subchapter B, of the
Code of Federal Regulations. For the reasons set out in the preamble,
the Commission proposes the following change to that proposal, as set
forth below.
PART 1212--SAFETY STANDARD FOR MULTI-PURPOSE LIGHTERS
1. The authority citation for part 1212 continues to read as
follows:
Authority: 15 U.S.C. 2056, 2058, 2079(d).
2. The note in Sec. 1212.4(f)(1) is revised to read as follows:
Sec. 1212.4 Test protocol.
* * * * *
(F) * * *
(1) * * *
Note: For multi-purpose lighters with an ``on/off'' switch that
does not automatically reset to the ``off'' position in accordance
with Sec. 1212.3(b)(3), the surrogate lighter shall be given to the
child with the switch in the ``on,'' or unlocked, position.
* * * * *
Dated: July 28, 1999.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 99-19937 Filed 8-3-99; 8:45 am]
BILLING CODE 6355-01-P