Safety Standard for Cigarette Lighters; Adjusted Customs Value for Cigarette Lighters, 52679-52680 [2013-20747]
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52679
Rules and Regulations
Federal Register
Vol. 78, No. 165
Monday, August 26, 2013
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1210
Safety Standard for Cigarette Lighters;
Adjusted Customs Value for Cigarette
Lighters
Consumer Product Safety
Commission.
AGENCY:
ACTION:
Final rule.
The Commission has a safety
standard requiring that disposable and
novelty lighters meet specified
requirements for child resistance. The
standard defines ‘‘disposable lighters,’’
in part, as refillable lighters that use
butane or similar fuels and have a
Customs Value or ex-factory price below
a threshold value (initially set at $2.00
in 1993). The standard provides that the
initial $2.00 value adjusts every 5 years
for inflation, as measured by the
percentage change since June 1993, in
the monthly Producer Price Index (PPI)
for Miscellaneous Fabricated Products.
The adjustment is rounded to the
nearest $0.25 increment. The price
adjusted in November 2003, when
changes in the PPI from June 1993 to
June 2003 indicated a revised Customs
Value or ex-factory price of $2.25. Due
to an increase in the PPI, the Customs
Value or ex-factory price has recently
adjusted to $2.50. This rule revises the
cigarette lighter standard to state that
the import value has adjusted to $2.50
based on the change to the PPI.
SUMMARY:
DATES:
This rule is effective August 26,
ehiers on DSK2VPTVN1PROD with RULES
2013.
Julio
Alvarado, Office of Compliance,
Consumer Product Safety Commission,
Washington, DC 20207; telephone (301)
504–7418; email: jalvarado@cpsc.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
13:44 Aug 23, 2013
Jkt 229001
Background
In 1993, the Commission issued a
standard that required disposable and
novelty lighters to meet certain
requirements for child resistance. The
standard, as originally written, defines
‘‘disposable lighters’’ as those that are
either: (1) Non-refillable, or (2) use
butane or similar fuels and have ‘‘a
Customs Valuation or ex-factory price
under $2.00, as adjusted every 5 years,
to the nearest $0.25, in accordance with
the percentage changes in the monthly
Wholesale Price Index from June 1993.’’
58 FR 37584 (July 12, 1993). The name
of the Wholesale Price Index has
changed to the Producer Price Index
(PPI). The specific PPI that includes
cigarette lighters is the PPI for
‘‘Miscellaneous Fabricated Products.’’
Thus, the standard provides for the
$2.00 threshold to adjust in accordance
with inflation and for the adjustment to
be rounded to the nearest 25 cents.
Adjustment did not occur in 1998
because the change in the PPI since June
1993 was not sufficient to warrant an
adjustment. Adjustment did occur in
2003 (to $2.25). Accordingly, the
Commission revised the cigarette
standard to state the adjusted amount.
69 FR 19763 (April 14, 2004). At that
time, we also revised the reference to
the Wholesale Price Index to refer
instead to the Producer Price Index. No
adjustment was made in 2008.
CPSC staff has calculated that the PPI
for Miscellaneous Fabricated Products
increased by approximately 29 percent
from June 1993 to June 2013, as
finalized in July 2013. Under section
1210.2(b)(2)(ii), this increase in the PPI
merits an adjustment in the Customs
Value or ex-factory price to $2.50 as the
threshold for determining whether
refillable lighters are within the scope of
the cigarette lighter standard. The
approximately 29 percent increase in
the PPI (from 124.7 in June 1993 to
160.9 in June 2013) yielded an
adjustment to $2.58 per lighter, which
rounds to $2.50. Thus, refillable lighters
with a Customs Value or ex-factory
price under $2.50 are subject to the
standard.
As the cigarette lighter standard is
written, the Customs Value or ex-factory
price adjusts automatically based on the
PPI, and no change in the language of
the rule is required to implement this
change. However, we are revising the
standard so that the CFR will state the
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
appropriately adjusted $2.50 [c]ustoms
[v]alue and the public will have notice
of the adjustment.
The Administrative Procedure Act
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
authorizes an agency to dispense with
notice and comment procedures when
the agency, for good cause, finds that
those procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ This amendment informs the
public of an adjustment to the cigarette
lighter regulatory standard that has
occurred automatically according to the
terms of the cigarette lighter regulation.
Because the adjustment occurs by terms
of the regulation, the Commission could
not alter the adjustment based on any
public comments the Commission
received. Accordingly, the Commission
finds that notice and comment is
unnecessary.
The APA also authorizes an agency,
‘‘for good cause found and published
with the rule,’’ to dispense with the
otherwise applicable requirement that a
rule be published in the Federal
Register at least 30 days before its
effective date. 5 U.S.C. 553(d)(3). The
Commission hereby finds that a 30-day
delay of the effective date is
unnecessary because this amendment
informs the public of an adjustment that
already has occurred in accordance with
the existing regulatory requirements of
the cigarette lighter standard.
List of Subjects in 16 CFR Part 1210
Cigarette lighters, Consumer
protection, Fire prevention, Hazardous
materials, Infants and children,
Labeling, Packaging and containers,
Reporting and recordkeeping
requirements.
Accordingly, 16 CFR part 1210 is
amended as follows:
PART 1210—SAFETY STANDARD FOR
CIGARETTE LIGHTERS
1. The authority citation for part 1210
continues to read as follows:
■
Authority: 15 U.S.C. 2056, 2058, 2079(d).
2. Revise § 1210.2(b)(2)(ii) to read as
follows:
■
§ 1210.2
*
Definitions.
*
*
(b) * * *
(2) * * *
E:\FR\FM\26AUR1.SGM
26AUR1
*
*
52680
Federal Register / Vol. 78, No. 165 / Monday, August 26, 2013 / Rules and Regulations
(ii) It has a Customs Valuation or exfactory price under $2.00, as adjusted
every 5 years, to the nearest $0.25, in
accordance with the percentage changes
in the appropriate monthly Producer
Price Index (Producer Price Index for
Miscellaneous Fabricated Products)
from June 1993. The adjusted figure,
based on the change in that Index since
June 1993, as finalized July 2013, is
$2.50.
*
*
*
*
*
Dated: August 21, 2013.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2013–20747 Filed 8–23–13; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF STATE
22 CFR Parts 120, 122, 126, 127, 128,
and 129
RIN 1400–AC37
[Public Notice 8437]
Amendment to the International Traffic
in Arms Regulations: Registration and
Licensing of Brokers, Brokering
Activities, and Related Provisions
Department of State.
Interim final rule.
AGENCY:
ACTION:
The Department of State is
issuing this interim final rule amending
the International Traffic in Arms
Regulations (ITAR) relating to brokers
and brokering activities and to related
provisions of the ITAR. These
amendments clarify registration
requirements, the scope of brokering
activities, prior approval requirements
and exemptions, procedures for
obtaining prior approval and guidance,
and reporting and recordkeeping of such
activities. Conforming and technical
changes are made to other parts of the
ITAR that affect export as well as
brokering activities. The revisions
contained in this rule are part of the
Department of State’s retrospective plan
under E.O. 13563 completed on August
17, 2011.
DATES: This rule is effective October 25,
2013. Interested parties may submit
comments on this rule by October 10,
2013. The Department will publish a
final rule notifying of any changes to the
rule pursuant to public comment
assessment.
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
Interested parties may
submit comments within 45 days of the
date of publication by one of the
following methods:
ADDRESSES:
VerDate Mar<15>2010
13:44 Aug 23, 2013
Jkt 229001
• Email: DDTCResponseTeam@
state.gov with the subject line,
‘‘Brokering Rule.’’
• Internet: At www.regulations.gov,
search for this document by using this
document’s RIN (1400–AC37).
Comments received after that date
will be considered if feasible, but
consideration cannot be assured. Those
submitting comments should not
include any personally identifying
information they do not desire to be
made public or information for which a
claim of confidentiality is asserted
because those comments and/or
transmittal emails will be made
available for public inspection and
copying after the close of the comment
period via the Directorate of Defense
Trade Controls Web site at
www.pmddtc.state.gov. Parties who
wish to comment anonymously may do
so by submitting their comments via
www.regulations.gov, leaving the fields
that would identify the commenter
blank and including no identifying
information in the comment itself.
Comments submitted via
www.regulations.gov are immediately
available for public inspection.
FOR FURTHER INFORMATION CONTACT: Ms.
Sarah J. Heidema, Acting Director,
Office of Defense Trade Controls Policy,
U.S. Department of State, telephone
(202) 663–2809, or email
DDTCResponseTeam@state.gov. ATTN:
Brokering Rule. The Department of
State’s full retrospective plan can be
accessed at https://www.state.gov/
documents/organization/181028.pdf.
SUPPLEMENTARY INFORMATION: This rule
makes changes to part 129 and related
sections of the ITAR that regulate
brokers and brokering activities and
implement the brokering amendment to
the Arms Export Control Act (AECA)
(section 38(b)(1)(A)(ii) of the AECA, 22
U.S.C. 2778(b)(1)(A)(ii)).
The AECA was amended in 1996
(Pub. L. 104–164) to provide for the
regulation of brokering activities. The
following year, implementing
regulations were added to the ITAR in
part 129. These regulations have
remained unchanged except for two
minor technical changes.
In 2003, in a report to Congress, the
Department of State noted that it was
beginning a review of the brokering
regulations. The purpose of the review
was to assess the need to modify the
regulations in light of the experience
gained in administering them. Based on
this experience as well as comments
received from other agencies and
industry, including the Defense Trade
Advisory Group, a Department of State
Federal advisory committee, the
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Department published a proposed rule
on December 19, 2011 (see
‘‘Amendment to the International
Traffic in Arms Regulations:
Registration and Licensing of Brokers,
Brokering Activities, and Related
Provisions,’’ 76 FR 78578) modifying
the provisions relating to brokering and
brokering activities. The comment
period ended February 17, 2012. Thirtyone parties filed comments
recommending changes, which were
reviewed and considered by the
Department and other agencies. The
Department’s evaluation of the written
comments and recommendations
follows.
The Department received numerous
comments and recommendations
regarding the definitions for terms and
provisions set forth in ITAR part 129.
The Department reviewed and
considered these comments, and where
the recommendations were in
conformance with the requirements for
brokering as set forth in the AECA, and
clarified the regulation, the Department
has made amendments accordingly.
Twenty-seven commenting parties
expressed concerns regarding the scope
of ‘‘broker’’ and ‘‘brokering activities,’’
and that the revised definition of
‘‘broker’’ in conjunction with the
revised definition of ‘‘brokering
activities’’ would result in a greatly
increased number of persons requiring
to register as brokers. In conformance
with the statutory requirements for the
brokering of defense articles and
services, the Department has revised the
proposed changes to these definitions to
clarify their scope. In particular, the
Department has clarified that foreign
persons that are required to register as
brokers are those that are in the United
States and those foreign persons outside
the United States that are owned/
controlled by a U.S. person. And the
Department has removed from the
definition of ‘‘brokering activities’’ the
activities of any foreign person located
outside the United States acting on
behalf of a U.S. person.
One commenting party requested
clarification on whether the addition of
‘‘or are otherwise charged’’ to ITAR
§ 120.1(c)(2) would preclude any person
charged with any export violation from
applying for, obtaining, or using export
control documents, and recommended
the Department identify such ineligible
parties to prevent applicants from
including the ineligible parties on
export license applications and other
submissions. The Department confirms
that any person charged with a violation
of the U.S. criminal statutes enumerated
in ITAR § 120.27 is generally ineligible
E:\FR\FM\26AUR1.SGM
26AUR1
]]>Agencies
[Federal Register Volume 78, Number 165 (Monday, August 26, 2013)]
[Rules and Regulations]
[Pages 52679-52680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20747]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 78, No. 165 / Monday, August 26, 2013 / Rules
and Regulations
[[Page 52679]]
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1210
Safety Standard for Cigarette Lighters; Adjusted Customs Value
for Cigarette Lighters
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission has a safety standard requiring that disposable
and novelty lighters meet specified requirements for child resistance.
The standard defines ``disposable lighters,'' in part, as refillable
lighters that use butane or similar fuels and have a Customs Value or
ex-factory price below a threshold value (initially set at $2.00 in
1993). The standard provides that the initial $2.00 value adjusts every
5 years for inflation, as measured by the percentage change since June
1993, in the monthly Producer Price Index (PPI) for Miscellaneous
Fabricated Products. The adjustment is rounded to the nearest $0.25
increment. The price adjusted in November 2003, when changes in the PPI
from June 1993 to June 2003 indicated a revised Customs Value or ex-
factory price of $2.25. Due to an increase in the PPI, the Customs
Value or ex-factory price has recently adjusted to $2.50. This rule
revises the cigarette lighter standard to state that the import value
has adjusted to $2.50 based on the change to the PPI.
DATES: This rule is effective August 26, 2013.
FOR FURTHER INFORMATION CONTACT: Julio Alvarado, Office of Compliance,
Consumer Product Safety Commission, Washington, DC 20207; telephone
(301) 504-7418; email: jalvarado@cpsc.gov.
SUPPLEMENTARY INFORMATION:
Background
In 1993, the Commission issued a standard that required disposable
and novelty lighters to meet certain requirements for child resistance.
The standard, as originally written, defines ``disposable lighters'' as
those that are either: (1) Non-refillable, or (2) use butane or similar
fuels and have ``a Customs Valuation or ex-factory price under $2.00,
as adjusted every 5 years, to the nearest $0.25, in accordance with the
percentage changes in the monthly Wholesale Price Index from June
1993.'' 58 FR 37584 (July 12, 1993). The name of the Wholesale Price
Index has changed to the Producer Price Index (PPI). The specific PPI
that includes cigarette lighters is the PPI for ``Miscellaneous
Fabricated Products.''
Thus, the standard provides for the $2.00 threshold to adjust in
accordance with inflation and for the adjustment to be rounded to the
nearest 25 cents. Adjustment did not occur in 1998 because the change
in the PPI since June 1993 was not sufficient to warrant an adjustment.
Adjustment did occur in 2003 (to $2.25). Accordingly, the Commission
revised the cigarette standard to state the adjusted amount. 69 FR
19763 (April 14, 2004). At that time, we also revised the reference to
the Wholesale Price Index to refer instead to the Producer Price Index.
No adjustment was made in 2008.
CPSC staff has calculated that the PPI for Miscellaneous Fabricated
Products increased by approximately 29 percent from June 1993 to June
2013, as finalized in July 2013. Under section 1210.2(b)(2)(ii), this
increase in the PPI merits an adjustment in the Customs Value or ex-
factory price to $2.50 as the threshold for determining whether
refillable lighters are within the scope of the cigarette lighter
standard. The approximately 29 percent increase in the PPI (from 124.7
in June 1993 to 160.9 in June 2013) yielded an adjustment to $2.58 per
lighter, which rounds to $2.50. Thus, refillable lighters with a
Customs Value or ex-factory price under $2.50 are subject to the
standard.
As the cigarette lighter standard is written, the Customs Value or
ex-factory price adjusts automatically based on the PPI, and no change
in the language of the rule is required to implement this change.
However, we are revising the standard so that the CFR will state the
appropriately adjusted $2.50 [c]ustoms [v]alue and the public will have
notice of the adjustment.
The Administrative Procedure Act
Section 553(b)(3)(B) of the Administrative Procedure Act (APA)
authorizes an agency to dispense with notice and comment procedures
when the agency, for good cause, finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
This amendment informs the public of an adjustment to the cigarette
lighter regulatory standard that has occurred automatically according
to the terms of the cigarette lighter regulation. Because the
adjustment occurs by terms of the regulation, the Commission could not
alter the adjustment based on any public comments the Commission
received. Accordingly, the Commission finds that notice and comment is
unnecessary.
The APA also authorizes an agency, ``for good cause found and
published with the rule,'' to dispense with the otherwise applicable
requirement that a rule be published in the Federal Register at least
30 days before its effective date. 5 U.S.C. 553(d)(3). The Commission
hereby finds that a 30-day delay of the effective date is unnecessary
because this amendment informs the public of an adjustment that already
has occurred in accordance with the existing regulatory requirements of
the cigarette lighter standard.
List of Subjects in 16 CFR Part 1210
Cigarette lighters, Consumer protection, Fire prevention, Hazardous
materials, Infants and children, Labeling, Packaging and containers,
Reporting and recordkeeping requirements.
Accordingly, 16 CFR part 1210 is amended as follows:
PART 1210--SAFETY STANDARD FOR CIGARETTE LIGHTERS
0
1. The authority citation for part 1210 continues to read as follows:
Authority: 15 U.S.C. 2056, 2058, 2079(d).
0
2. Revise Sec. 1210.2(b)(2)(ii) to read as follows:
Sec. 1210.2 Definitions.
* * * * *
(b) * * *
(2) * * *
[[Page 52680]]
(ii) It has a Customs Valuation or ex-factory price under $2.00, as
adjusted every 5 years, to the nearest $0.25, in accordance with the
percentage changes in the appropriate monthly Producer Price Index
(Producer Price Index for Miscellaneous Fabricated Products) from June
1993. The adjusted figure, based on the change in that Index since June
1993, as finalized July 2013, is $2.50.
* * * * *
Dated: August 21, 2013.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2013-20747 Filed 8-23-13; 8:45 am]
BILLING CODE 6355-01-P
