[Federal Register Volume 63, Number 5 (Thursday, January 8, 1998)]
[Proposed Rules]
[Pages 1077-1078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-373]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1210


Multi-Purpose Lighters; Extension of Period for Issuing a Notice 
of Proposed Rulemaking

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of extension of time period.

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SUMMARY: The Commission published an advance notice of proposed 
rulemaking (ANPR) on January 16, 1997, with respect to the risk posed 
by young children starting fires with multi-purpose lighters. Multi-
purpose lighters are butane-fueled lighters with an extended nozzle 
from which the flame is emitted. These lighters typically are used to 
light devices such as charcoal and gas grills and fireplaces. Under the 
applicable statute, if the Commission publishes a notice of proposed 
rulemaking, it must do so within 12 months after the date of 
publication of the ANPR, unless the Commission extends the time period. 
Because of the time required for the staff to conduct the work and 
analyses necessary for the Commission to decide whether to publish a 
notice of proposed rulemaking, the Commission for good cause extends 
the period until September 30, 1998.

FOR FURTHER INFORMATION CONTACT: Barbara Jacobson, Directorate for 
Epidemiology and Health Sciences, Consumer Product Safety Commission, 
Washington, D.C. 20207; telephone (301) 504-0477, ext. 1206.

SUPPLEMENTARY INFORMATION:

A. Background

    Multi-purpose lighters are butane-filled lighters with an extended 
nozzle, typically 4 to 8 inches long, from which the flame is emitted. 
The long nozzle allows the user to reach hard-to-light places and also 
keeps the user's hand away from the flames. The lighters are activated 
by applying pressure to a trigger or button mechanism, which initiates 
fuel flow and causes a piezo-electric spark. They are most commonly 
used to light charcoal or gas grills and fireplaces. The lighters also 
are used to light campfires, camp stoves, LP gas ranges in recreational 
vehicles, and pilot lights in household gas appliances. Most multi-
purpose lighters now sold include some type of on/off switch. Usually, 
this is a two-position slider-type switch that must be in the ON 
position before the lighter can be activated.

[[Page 1078]]

    In February 1996, Judy L. Carr petitioned the Commission to 
``initiate Rulemaking Proceedings to amend 16 CFR 1210, the Safety 
Standard for Cigarette Lighters, to include the Scripto 
Tokai Aim 'n FlameTM disposable butane `multi-purpose' 
lighter within the scope of that standard and its child resistant 
performance requirements.'' The petitioner provided information about 
eight incidents associated with the Aim 'n FlameTM lighter. 
One of the incidents involved the petitioner's child. Information about 
the other incidents was obtained through discovery in the petitioner's 
litigation with the product's manufacturer.
    The Commission also was aware of 53 fires from January 1988 through 
October 1996 that were started by children under age 5 using multi-
purpose lighters. These fires resulted in 10 deaths and 24 injuries. 
Based on this, and other relevant information, the Commission, on 
January 16, 1997 (62 FR 2327), commenced a rulemaking proceeding by 
publishing an ANPR under the Consumer Product Safety Act (CPSA) that 
could result in the promulgation of a rule mandating a performance 
standard for the child-resistance of the operating mechanism of multi-
purpose lighters.

B. Statutory Procedure

    Before adopting a CPSA standard, the Commission first must issue an 
ANPR as provided in section 9(a) of the CPSA. 15 U.S.C. 2058(a). If the 
Commission decides to continue the rulemaking proceeding after 
considering responses to the ANPR, the Commission must then publish the 
text of the proposed rule, along with a preliminary regulatory 
analysis, in accordance with section 9(c) of the CPSA. 15 U.S.C. 
2058(c). If the Commission then wishes to issue a final rule, it must 
publish the text of the final rule and a final regulatory analysis that 
includes the elements stated in section 9(f)(2) of the CPSA. 15 U.S.C. 
2058(f)(2). In addition, before issuing a final regulation, the 
Commission must make certain statutory findings concerning voluntary 
standards, the relationship of the costs and benefits of the rule, and 
the burden imposed by the regulation. CPSC Sec. 9(f)(3), 15 U.S.C. 
2058(f)(3).
    Section 9(c) of the CPSA, 15 U.S.C 2058(c), further provides that 
if the Commission continues the rulemaking by issuing a notice of 
proposed rulemaking, it must do so within 12 months after publication 
of the ANPR, or by January 16, 1998, unless the Commission extends the 
12-month period for good cause. In that event, the Commission must send 
notice of the extension to specified congressional committees, 
explaining the reasons for the extension and estimating the date by 
which the Commission anticipates the rulemaking will be completed. The 
Commission is required to publish notice of such extension, and the 
information submitted to Congress, in the Federal Register.

C. Ongoing Staff Work

    In order to obtain the information necessary for the Commission to 
decide whether to issue a proposed rule, the staff has contracted for 
``baseline'' testing of multi-purpose lighters. The purpose of this 
testing is to evaluate the potential benefits of any mandatory 
requirements by determining the proportion of children under 5 years of 
age that can operate the lighters. The testing is being conducted using 
panels of children. The staff is also evaluating the feasibility of 
mandatory child-resistant features on multi-purpose lighters and the 
potential costs of mandatory requirements.

D. Schedule for Publication of Notice of Proposed Rulemaking

    The baseline testing is scheduled to be completed in March 1998. 
Shortly thereafter, the staff expects to complete a briefing package. 
The briefing package will (1) provide staff responses to the comments 
on the ANPR, (2) update the incident data, (3) report the results of 
the baseline testing, (4) include a draft preliminary regulatory 
analysis, and (5) discuss other technical work needed to address issues 
raised in the comments on the ANPR. It is anticipated that a notice of 
proposed rulemaking (NPR), if approved, would be published in the 
summer of 1998. If an NPR is published, a final rule could be issued 
during Fiscal Year 1999.

Extension of Time Period

    Based on the foregoing, the Commission, for good cause, on December 
23, 1997, voted to extend the period of time for issuance of a notice 
of proposed rulemaking for multi-purpose lighters until September 30, 
1998. The Commission estimates that, if an NPR is issued by that date, 
the rulemaking could be concluded with the issuance of a final rule by 
September 30, 1999. The Commission notes, however, that if it is unable 
to make the findings required by the statute, the proceeding could be 
further extended or terminated.

    Dated: December 31, 1997.
Todd A. Stevenson,
Deputy Director, Office of the Secretary, Consumer Product Safety 
Commission.
[FR Doc. 98-373 Filed 1-7-98; 8:45 am]
BILLING CODE 6355-01-P