Safety Standard for Cigarette Lighters; Advance Notice of Proposed Rulemaking; Request for Comments and Information, 18339-18342 [05-7106]
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Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Proposed Rules
4. Controlled Substances
program, the Commission is now
announcing the continuation of the
program for fiscal year 2005.
A summary of each of the regulations
being reviewed in fiscal year 2005 is
provided below. The full text of the
regulations may be accessed at: https://
www.access.gpo.gov/nara/cfr/
waisidx_03/16cfrv2_03.html.
The Commission is reviewing the
regulation at 16 CFR 1700.14(a)(4) that
requires child-resistant packaging for
oral drugs subject to the Comprehensive
Drug Abuse Prevention and Control Act,
21 U.S.C. 801, et seq. (controlled drugs).
The regulation was promulgated under
authority of the PPPA in 1972, 37 FR
8433 (April 27, 1972).
1. Safety Standards for Cigarette
Lighters and Multi-Purpose Lighters
C. Solicitation of Comments and
Information
The safety standards for cigarette
lighters and multi-purpose lighters
appear at 16 CFR parts 1210 and 1212.
These rules were promulgated,
respectively, in 1993 (cigarette lighters,
58 FR 37584) and 1999 (multi-purpose
lighters, 64 FR 71872). Both safety
standards set child-resistance
requirements for lighters, designed to
impede their successful operation by
children under age five. Both
regulations were issued under the
authority of the CPSA.
For the purposes of this regulatory
review, both safety standards have two
pertinent parts. Subpart A establishes
the basic requirements for child
resistance, including detailed child-test
protocols. Subpart B outlines various
certification, labeling, and
recordkeeping requirements.
The Commission invites interested
persons to submit comments on each of
the regulations being reviewed in the
fiscal year 2005 program. In particular,
commenters are asked to address:
1. Whether the regulation is
consistent with CPSC program goals.
2. Whether the regulation is
consistent with other CPSC regulations.
3. Whether the regulation is current
with respect to technology, economic, or
market conditions, and other mandatory
or voluntary standards.
4. Whether the regulation can be
streamlined to minimize regulatory
burdens, particularly any such burdens
on small entities.
For each regulation being reviewed,
please provide any specific
recommendations for change(s), if
viewed as necessary, a justification for
the recommended change(s), and, with
respect to each suggested change, a
statement of the way in which the
change can be accomplished within the
statutory framework of the CPSA,
FHSA, FFA, or PPPA, as applicable.
Comments and other submissions
should be captioned ‘‘Fiscal Year 2005
Regulatory Review Project’’ and emailed to cpsc-os@cpsc.gov or faxed to
(301) 504–0127. Comments or other
submissions may also be mailed to the
Office of the Secretary, Consumer
Product Safety Commission,
Washington, DC 20207, or delivered to
that office, Room 502, 4330 East-West
Highway, Bethesda, Maryland 20814.
All comments and other submissions
must be received by June 10, 2005.
B. The Regulations Undergoing Review
2. Requirements for Bicycles
The requirements for bicycles appear
at 16 CFR part 1512. 43 FR 60034
(December 22, 1978). The regulation
includes a number of mechanical and
other requirements intended to reduce
the risk of injury from bicycles. Part
1512 was promulgated under authority
of the FHSA.
3. Standards for Surface Flammability
of Carpets and Rugs
The standards for surface
flammability of carpets and rugs appear
at 16 FR parts 1630 and 1631. They
were codified at those locations in 1975.
40 FR 59931 and 59935 (December 30,
1975). The standards were originally
issued in 1970 by the Department of
Commerce. The standards establish
minimum standards for the surface
flammability of carpets and rugs when
exposed to a standard small source of
ignition, a burning methenamine tablet,
under prescribed conditions. Cleaning
methods are also prescribed in the
standards for various carpet and rug
types to help assure permanence of any
flame retardant treatments. The
standards were issued under authority
of the FFA.
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Dated: April 4, 2005.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 05–7105 Filed 4–8–05; 8:45 am]
BILLING CODE 6355–01–P
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18339
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1214
Safety Standard for Cigarette Lighters;
Advance Notice of Proposed
Rulemaking; Request for Comments
and Information
Consumer Product Safety
Commission.
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
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 emailed 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,
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Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Proposed Rules
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 https://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
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
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 https://www.cpsc.gov.
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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
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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
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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
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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
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18341
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
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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
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Part 650
[FHWA Docket No. FHWA–2001–9182]
RIN 2125–AE75
Highway Bridge Program
Federal Highway
Administration (FHWA), DOT.
ACTION: Withdrawal of proposed
rulemaking and closing of public
docket.
AGENCY:
SUMMARY: This document withdraws a
proposed rulemaking action developed
to revise the regulations governing the
highway bridge replacement and
rehabilitation program (HBRRP). The
FHWA proposed to clarify ambiguous
language, incorporate long-standing
FHWA policies, and provide flexibility
by including an alternate program
applicable to all bridges, both on and off
the Federal-aid system. However, during
the comment period, we received
comments questioning the legal
authority for the alternative program as
well as the quantitative benefits and
impacts of the program. To evaluate
these questions and issues, the FHWA is
withdrawing the proposed rulemaking
and intends to consider establishment of
a special experimental program to
quantitatively evaluate the benefits of
the approach proposed in the alternative
program.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Everett, Federal Highway
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16:24 Apr 08, 2005
Jkt 205001
Administration, Office of Bridge
Technology, HIBT–30, 400 Seventh
Street, SW., Washington, DC 20590–
0001 or Mr. Robert Black, Office of the
Chief Counsel, HCC–30, (202) 366–1359,
Federal Highway Administration, 400
Seventh Street, SW., Washington, DC
20590–0001. Office hours are from 7:45
a.m. to 4:15 p.m. e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document
may be downloaded by using a modem
and suitable communications software
from the Government Printing Office’s
Electronic Bulletin Board Service at
(202) 512–1661. Internet users may also
reach the Federal Register’s home page
at: https://www.archives.gov and the
Government Printing Office’s database
at https://www.gpoaccess.gov/nara/.
Background
Section 204 of the Federal-aid
Highway Act of 1970 (Pub. L. 91–605,
84 Stat. 1713, Dec. 31, 1970) established
the Special Bridge Replacement
Program (SBRP) codified in 23 U.S.C.
144. Through subsequent legislation, the
SBRP was expanded to create the
Highway Bridge Replacement and
Rehabilitation Program (HBRRP)
applicable for both on and off-system
structures. The FHWA has recognized
that the current regulation is in need of
revision to incorporate and clarify past
policies as well as accommodate the
flexibility allowed by law to enable
State and local governments to manage
their bridge assets in the most effective
manner. Accordingly, the FHWA
published an advanced notice of
proposed rulemaking (ANPRM) on
September 26, 2001 (66 FR 49152),
requesting public comments on the
current regulation. A team of Federal
Highway Administration engineers
addressed the comments received and a
notice of proposed rulemaking (NPRM)
was published on June 21, 2004 (69 FR
34314).
The NRPM proposed to change the
name of the program from the Highway
Bridge Replacement and Rehabilitation
Program (HBRRP) to the Highway
Bridge Program (HBP) reflecting
program flexibility provided through
highway legislation and increasing
emphasis on preventative maintenance.
Definitions were added to the legislation
to address past ambiguities. Eligible and
ineligible activities were specified in the
proposed regulation and guidance was
provided on the types of bridges to
which the eligible and ineligible
activities could be applied. To take
advantage of project selection flexibility,
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the proposed rule included an alternate
program. Through this program, States
would have the flexibility to select
projects involving eligible activities on
any bridge, irrespective of the eligibility
criteria under the traditional program,
given that an approved bridge
management system (BMS) and/or
systematic process was employed.
Guidance for the approval of bridge
management systems and for the
development of a systematic process
was provided as supplemental
documents on the docket for public
review. Development and
implementation of a bridge performance
plan was proposed as a prerequisite for
use of the alternate program.
Comments Received in Response to the
ANPRM and NPRM
The FHWA received 41 sets of
comments in response to the ANPRM
from 31 State Departments of
Transportation, 1 Federal Agency, 3
Counties, 1 Private Citizen, 2 Trade
Associations and 1 Public Interest
Group. The majority of these
commenters believed that the HBRRP
regulation should be revised. The
comments received were summarized
and discussed in detail in the NPRM.
In response to the NPRM, the FHWA
received 25 sets of comments from 15
State Departments of Transportation, 4
Counties, 1 City, 3 Trade Associations,
1 Public Interest Group and 1 Private
Citizen.
Four commenters suggested that the
name be changed to something other
than the Highway Bridge Program (HBP)
or the Highway Bridge Replacement and
Rehabilitation Program (HBRRP). The
National Association of County
Engineers (NACE), the Illinois
Association of County Engineers (IACE)
and the Illinois DOT suggested changes
to avoid confusion between the HBP
and other Federal programs. Alcona
County, Michigan, expressed concern
that the name change would diminish
the priority of replacement and
rehabilitation.
Commenters from DOTs, NACE,
IACE, and several County Highway
Departments suggested changes to the
definitions. Suggestions were made to
modify or enhance the definitions for:
Bridge, Cost Effective, Rehabilitation,
Eligible Highway Bridge, Bridge
Management System, Construction Unit
Cost, Bridge Performance Goals, Bridge
Performance Plan, and Systematic
Process.
Commenters from several State
DOT’s, the American Association of
State Highway and Transportation
Officials (AASHTO), NACE, and several
County Highway Agencies suggested
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[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Proposed Rules]
[Pages 18339-18342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7106]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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
