[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Proposed Rules]
[Pages 42302-42304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19937]


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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 [email protected]. 
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 [email protected].
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