[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Rules and Regulations]
[Pages 71854-71882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32677]



[[Page 71853]]

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Part II





Consumer Product Safety Commission





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16 CFR Parts 1145 and 1212



Safety Standard for Multi-Purpose Lighters; Final Rule



Rule to Regulate Under the Consumer Product Safety Act Risks of Injury 
Associated With Multi-Purpose Lighters That Can Be Operated by 
Children; Final Rule

  Federal Register / Vol. 64, No. 245 / Wednesday, December 22, 1999 / 
Rules and Regulations  

[[Page 71854]]



CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1212


Safety Standard for Multi-Purpose Lighters

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: The Commission issues performance requirements for the child 
resistance of multi-purpose lighters. These requirements address 
unreasonable risks of injury and death associated with multi-purpose 
lighters that can be operated by children under age 5. Multi-purpose 
lighters are hand-held flame-producing products that operate on fuel 
and have an ignition mechanism. They typically are used to light 
devices such as charcoal and gas grills and fireplaces. Devices 
intended primarily for igniting smoking materials are excluded; many 
such products are already subject to a child-resistance standard at 16 
CFR Part 1210.

DATES: The rule will become effective December 22, 2000 and apply to 
multi-purpose lighters manufactured in the United States or imported on 
or after that date.

ADDRESSES: Copies of documents relevant to this rulemaking can be 
obtained from the Commission's Office of the Secretary, Consumer 
Product Safety Commission, Washington DC 20207-0001, Telephone (301) 
504-0800, fax (301) 504-504-0127, e-mail [email protected].

FOR FURTHER INFORMATION CONTACT: Michael Bogumill, Office of 
Compliance, Consumer Product Safety Commission, Washington, D.C. 20207; 
telephone (301) 504-0477, ext. 1368; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    1. The product. Multi-purpose lighters are defined in 
Sec. 1212.2(a)(1) of the rule issued below as follows:
    (a)(1) Multi-purpose lighter, (also known as grill lighter, 
fireplace lighter, utility lighter, micro-torch, or gas match, etc.) 
means: A hand-held, flame-producing product that operates on fuel, 
incorporates an ignition mechanism, and is 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. 
Some multi-purpose lighters have a feature that allows for hands-free 
operation.
    (2) The following products are not multi-purpose lighters:
    (i) Devices intended primarily for igniting cigarettes, cigars, and 
pipes, whether or not such devices are subject to the requirements of 
the Safety Standard for Cigarette Lighters (16 CFR 1210).
    (ii) Devices containing more than 10 oz. of fuel.
    (iii) Matches.
    Most multi-purpose lighters have an extended nozzle from which the 
flame is emitted. The nozzle is typically four to eight inches in 
length, but can be longer or shorter. Some multi-purpose lighters 
include a burner that operates at a higher flame temperature than other 
multi-purpose lighters. These lighters are sometimes referred to as 
micro-torches. Most micro-torches do not have extended nozzles, but 
have relatively long, thin, and steady flames that can be directed to 
their targets. Some micro-torches may have a control that allows the 
lighter to remain lit after the user lets go of the lighter. This, in 
conjunction with a stable base or stand, allows hands-free operation of 
the lighter during operations such as soldering.
    Most multi-purpose lighters use butane fuel. The more expensive 
multi-purpose lighters are refillable. Many of the less expensive Asian 
imports are also refillable.
    Multi-purpose lighters are operated by applying pressure to a 
trigger, button, or sliding mechanism. This action releases the fuel 
and activates a spark at the end of the nozzle that ignites the fuel. 
Because the fuel must travel from the reservoir, usually located in the 
handle, to the end of the nozzle, the spark is sometimes activated 
before the fuel reaches the end of the nozzle. When this happens, the 
fuel will not be ignited. Users of multi-purpose lighters sometimes 
have to make more than one ignition attempt before successfully 
producing a flame. Some higher-priced multi-purpose lighters overcome 
this problem by using a battery that causes a spark to be continuously 
generated. This is less of a problem with micro-torch lighters because 
they do not have a long nozzle.
    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,'' or unlocked, position before the lighter can be 
activated.
    2. Procedural background. On July 12, 1993, the Commission 
published a consumer product safety standard that requires disposable 
and novelty cigarette lighters to have a child-resistant mechanism that 
makes the lighters difficult for children under 5 years old to 
operate.1 16 CFR 1210. The cigarette lighter standard 
excludes lighters that are primarily intended for igniting materials 
other than cigarettes, cigars, and pipes.
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    \1\ 58 FR 37554. The standard became effective July 12, 1994.
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    In February 1996, Judy L. Carr petitioned the Commission to 
``initiate Rulemaking Proceedings to amend 16 CFR 1210 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.''
    On May 7, 1996, the Commission published a Federal Register notice 
soliciting comments on topics related to issues raised by the petition. 
61 FR 20503. After considering the comments received in response to 
that notice and the other available information, the Commission granted 
the petition.
    On January 16, 1997, the Commission commenced a rulemaking 
proceeding by publishing an advance notice of proposed rulemaking 
(ANPR) in the Federal Register: 62 FR 2327. The ANPR solicited comments 
on the risks of injury and death associated with multi-purpose 
lighters, the regulatory alternatives, and the economic impacts of the 
regulatory alternatives. The Commission also invited interested persons 
to submit an existing standard, or a statement of intent to modify or 
develop a voluntary standard, to address the identified risks.
    On January 8, 1998, the Commission published a Federal Register 
notice extending the period for issuing a notice of proposed rulemaking 
until September 30, 1998. 63 FR 1077. This extension was required so 
the staff could complete the technical work necessary for a Commission 
decision on whether to issue a proposed rule.
    On September 30, 1998, the Commission published a notice of 
proposed rulemaking (NPR) that proposed a safety standard to address 
the risk of death and injury associated with multi-purpose lighters 
that could be operated by children under age 5. 63 FR 52397. This 
notice extended the period for issuing a final rule or withdrawing the 
NPR until June 30, 1999.
    Also on September 30, 1998, the Commission published a Federal 
Register notice proposing a rule finding that it is in the public 
interest to issue a standard, or take other regulatory action on multi-
purpose lighters, under the Consumer Product Safety Act (CPSA). 
Elsewhere in today's issue of

[[Page 71855]]

the Federal Register, the Commission issues a final rule, under Section 
30(d) of the CPSA, making this determination.
    On October 29, 1998, the staff sent a copy of the proposed safety 
standard, with a cover letter outlining the Commission's action, to 
small importers and manufacturers that could be subject to the 
standard. The letter invited interested parties to submit comments 
during the comment period.
    On January 20, 1999, the Commission met so interested parties could 
present oral comments. Mr. Don Cooke, Attorney at Law; Dr. Carol 
Pollack-Nelson, President, Independent Safety Consulting; and Mr. David 
Baker, General Counsel of the Lighter Association, Inc. presented oral 
comments at that meeting.
    On August 4, 1999, the Commission published a Federal Register 
notice proposing that the child-panel tests be conducted with the 
lighter on/off switch in the ``on,'' or unlocked, position, instead of 
in the ``off,'' or locked, position as originally proposed. 64 FR 
42302. This change in the test procedure would protect children in 
situations where the users of the lighters do not return the switch to 
the ``off'' position after use. The comment period closed on October 
18, 1999. The notice provided an opportunity for oral comments on the 
proposed change to be presented on September 15, 1999. The Commission 
received one written comment and no requests for presentation of oral 
comments. The notice also extended the time for issuing a final rule or 
withdrawing the NPR until December 31, 1999.

B. Incident Data

    Overall, the Commission's staff has identified a total of 340 fires 
occurring from January 1, 1988, through October 15, 1999, that were 
reportedly started by children playing with multi-purpose lighters. 
These fires caused 65 deaths and 138 injuries. For the incidents where 
the age of the fire starter was known, children under age 5 ignited 237 
of these fires, which resulted in 45 deaths and 103 injuries. Twenty-
eight of the 45 fatalities were children younger than age 5.
    In addition to the fatalities, these fires resulted in severe 
injuries. Among the fires caused by children younger than age 5, four 
surviving children received burns over 70% or more of their bodies. 
These burns will require extensive long-term treatment.
    The high proportion of fatalities that were children younger than 
age 5, and the severity of the injuries, illustrate the hazard 
associated with children playing with multi-purpose lighters. Because 
the data are incidents reported to CPSC rather than national estimates, 
the full extent of the problem may be greater.
    Many of the children found the multi-purpose lighters in easily 
accessible locations, such as on kitchen counters or furniture tops. 
Others, however, obtained the lighters from more inaccessible 
locations, such as high shelves or cabinets, where parents tried to 
hide them.

C. Description of the Final Standard

1. Scope and Definition

    Multi-purpose lighters subject to the standard are also known as 
grill lighters, fireplace lighters, utility lighters, micro-torches, or 
gas matches. The rule's definition of multi-purpose lighters is given 
in Section A of this notice. Both refillable and non-refillable 
lighters are covered, regardless of their cost.

2. Requirements

    Most of the provisions of the standard are essentially the same as 
the Safety Standard for Cigarette Lighters, including a required child 
resistance of 85%. The child resistance of a multi-purpose lighter 
would be determined by tests using panels of children. To avoid harming 
the children in the test panels, the lighters used for the tests are 
modified so they will not produce a flame when operated. Rather, the 
lighters are modified (if necessary) to produce a signal that can be 
seen or heard when the lighter is operated in a manner that would 
produce a flame in a production lighter. The child-resistant mechanism 
would be required to: operate safely when used in a normal and 
convenient manner, comply with the rule's requirements for the 
reasonably expected life of the lighter, and not be easily deactivated 
or prevented from complying with the rule's requirements.
    The child-resistant mechanisms in multi-purpose lighters must reset 
automatically, either (1) after each operation of the lighter or (2) 
after multiple operations but when or before the user lets go of the 
lighter. This differs from the Safety Standard for Cigarette Lighters, 
which requires the child-resistant mechanism to reset after each 
operation. Some multi-purpose lighters, however, allow the lighter to 
remain lit after it is released by the user. This can allow hands-free 
operation during operations such as soldering. To address the child-
resistance issue with respect to lighters that have this hands-free 
feature, the rule contains two requirements that are not in the 
cigarette lighter standard.
    The first additional requirement (Sec. 1212.3(b)(2)) will help 
prevent the dangerous situation where a child who operates the child-
resistant mechanism and lights the lighter could create a flame that 
would not go out when the lighter is released, even if it is dropped. 
The rule specifies that, after the lighter is lit, an additional manual 
operation must be performed to activate any feature that allows the 
lighter to burn without being held by the user.
    The second additional requirement is that a lighter that remains 
lit after it is released need not return automatically to the child-
resistant condition when it is released. It must automatically reset, 
however, when or before the user lets go of the lighter after turning 
off the flame.

3. Recordkeeping and Reporting Requirements

    The final standard has recordkeeping and reporting requirements 
that will allow the staff to ensure that lighters comply. The standard 
also requires manufacturers and importers to provide a certificate of 
compliance to any distributor or retailer to whom the lighters are 
delivered.

4. Anti-Stockpiling Provisions

    The final rule contains anti-stockpiling provisions to prohibit 
excessive production or importation of noncomplying lighters during the 
12-month period between the final rule's publication and its effective 
date. The provision limits the production or importation of 
noncomplying products to 120% of the amount produced or imported in the 
1-year period before the publication of the rule. To help assure 
compliance, manufacturers or importers must provide supporting 
information to CPSC to establish the number of lighters made or 
imported during the base period. They must also report shipments of 
non-child-resistant lighters to CPSC within 10 days after the end of 
each calendar month during the anti-stockpiling period.

5. Effective Date

    The final rule will become effective [insert date that is 12 months 
after publication] (12 months after it is published), and will apply to 
all multi-purpose lighters manufactured in, or imported into, the 
United States on or after that date. Based on its experience with the 
Safety Standard for Cigarette Lighters, the Commission concludes that 
this will provide firms with sufficient time to design child-resistant 
multi-purpose lighters and bring them to market. The Commission is 
aware of one such lighter already on the market,

[[Page 71856]]

and additional lighters are in the final stages of development and 
testing.

D. Statutory Authority for This Proceeding

    Three of the statutes administered by the Commission have at least 
some relevance to the risk posed by non-child-resistant multi-purpose 
lighters. These are the Consumer Product Safety Act (CPSA), 15 U.S.C. 
2051-2084; the Poison Prevention Packaging Act (PPPA), 15 U.S.C. 1471-
1476; and the Federal Hazardous Substances Act (FHSA), 15 U.S.C. 1261-
1278. The Commission has decided to use the authority of the CPSA to 
issue the standard for the child resistance of multi-purpose lighters. 
A full explanation of the Commission's reasons for that decision is 
published in this issue of the Federal Register in a notice, under 
Section 30(d) of the CPSA, that issues a rule determining that it is in 
the public interest to regulate this risk under the CPSA, rather than 
the FHSA or the PPPA. 15 U.S.C. 2079(d).

E. Discussion of Comments on the Proposed Standard

    The Commission received 23 written comments on the proposed 
standard. Three individuals presented oral comments to the Commission 
on January 20, 1999. Copies of all comments and a transcript of the 
January 20, 1999, public hearing are available from the Office of the 
Secretary. The major issues raised in the comments and the Commission's 
responses are discussed in this section.

Overall Description of Comments

    The American Academy of Pediatrics wrote in support of the 
Commission's action to require multi-purpose lighters to be child-
resistant, stating that in addition to the quantitative benefits, the 
rule will reduce the pain and heartache that result from the death and 
injury caused by children playing with multi-purpose lighters.
    The Executive Director of the National Fire Protection Association 
Center for High-Risk Outreach wrote in support of CPSC's efforts to 
reduce the number of deaths and injuries associated with children 
playing with fires. She stated that preschool age children are at more 
than twice the risk of fire death than the population at large. She 
also commented on the August 4, 1999, Federal Register notice that 
proposed a change to the test protocol.
    Douglas Lant, Chairman of the British Standards Institute Technical 
Committee on Matches and Lighters, wrote in support of the Commission's 
action. He stated that the European Standards Organization (CEN) was 
considering improvements to the Lighter Standard for Europe, including 
requirements for child-resistance.
    The Chairman of the Coalition for Consumer Health & Safety wrote to 
urge the Commission to publish a final rule on multi-purpose lighters. 
This organization is a partnership of consumer, health, and insurer 
groups working to educate the public and to identify and promote policy 
solutions to a broad range of health and safety threats.
    The Lighter Association, Inc. (Lighter Association), and several 
member firms, BIC Corporation (BIC), The Colibri Group, Scripto-Tokai 
Corporation (Scripto), Zippo Manufacturing Company (Zippo), and Swedish 
Match, wrote in general support of child-resistance for multi-purpose 
lighters but requested that the Commission address certain concerns 
about the definition and requirements for multi-purpose lighters 
(discussed below).
    Several small firms, Donel, Inc. (Donel), SNC Group, and Zelco 
Industries, Inc. (Zelco), commented that a standard for multi-purpose 
lighters would have adverse impacts on small businesses because of the 
expense of developing and certifying a child-resistant design and 
because some manufacturers have already applied for, or obtained, broad 
patents that limit the number of design options. These firms asked the 
Commission for relief, either in the form of funding to offset their 
development and testing expenses or in the form of an extension of the 
effective date of the rule.
    Blazer Corporation, a company that specializes in the distribution 
of micro-torches, wrote that it agrees in principle that lighters 
likely to be handled by children should be child-resistant. It also 
expressed concern that the definition of multi-purpose lighters would 
include micro-torches used by professionals.
    Vinson & Elkins, the law firm that filed the original petition on 
behalf of Judy L. Carr, and four other law firms, Joseph P. Moschetta 
and Associates, McDermott and Hansen, Don Cooke, and Sugarman and 
Sugarman, P.C., provided information on incidents involving multi-
purpose lighters. Mr. Cooke appeared before the Commission at the 
January 20, 1999, meeting to present information about a fire started 
by a two-year-old boy with a multi-purpose lighter that resulted in the 
death of the child and his mother. Another 4-year-old child was 
severely injured in the fire.
    Independent Safety Consulting presented comments about children's 
fire knowledge and attraction to fire and lighters, parental 
perceptions regarding the hazard and storage of lighters, parental 
supervision, and the appropriateness of a warning label as a hazard 
avoidance strategy.
    Ms. Lorraine Daly and Ms. Eve Mallett, both consumers, questioned 
the need for child resistance for products in homes without small 
children.
    Milford Consulting Associates, a testing agency with experience 
testing child-resistant packaging, cigarette lighters, and multi-
purpose lighters, requested certain changes to the procedures for 
evaluating the child-resistance of multi-purpose lighters.
    Particular issues that the comments raised are discussed below.

1. Issue: Effectiveness of the Cigarette Lighter Standard

    Scripto stated that there are insufficient data to conclude that 
the Cigarette Lighter Standard has proven effective in reducing the 
number of child-play fire losses associated with lighters.
    Response: National fire loss estimates show a reduction in the 
number of estimated residential structure fires caused by children 
playing with all types of lighters. This reduction is occurring in 
spite of the fact that these estimates include fires started with 
multi-purpose lighters (which are not subject to a standard) and fires 
started by children 5 years old and older (who are older than the 
children addressed by child-resistant features). The estimated number 
of lighter child-play fires decreased from 10,600 in 1994, the year the 
cigarette lighter standard took effect, to 7,200 in 1996. During the 
same period, estimated deaths decreased from 230 to 130 and estimated 
injuries decreased from 1,560 to 1,090 (Ault, K., Singh, H., & Smith, 
L., ``1996 Residential Fire Loss Estimates,'' 10/15/98). Comparing 1996 
to 1994, there was a greater percentage reduction in child-play lighter 
fires (32%) than the reduction in residential structure fires overall 
(5%). The Commission believes this reduction indicates that child-
resistant cigarette lighters are preventing child-play fires. Because 
there was also a reduction in child-play fires started with matches, 
other factors, such as fire safety education or general improvements in 
fire safety (e.g., use of smoke detectors), are also likely to have 
contributed to the decrease. However, the reduction for child-play 
lighter fires (32%) is greater than the reduction for child-play match 
fires (21%). The Commission believes that the available information 
supports the conclusion that the Safety Standard for Cigarette

[[Page 71857]]

Lighters is effective in reducing child-play fires started by children 
under age 5 with lighters. The Commission expects child-play lighter 
fires to continue to decline.
    Even if these data were not available, the Commission would be 
justified in issuing the standard. The Commission has estimated the 
effectiveness of the standard based on test results with children, as 
it did in issuing the cigarette lighter standard. As discussed in 
Section H of this notice, the rule is expected to reduce the number of 
child-play fires associated with multi-purpose lighters by at least 
75%.

2. Issue: Relative Risk of Injury

    Swedish Match commented that the Commission provided no data to 
show relative risk rates between matches and non-child-resistant multi-
purpose lighters. Zelco commented that the number of fires resulting 
from matches is surely higher than those from multi-purpose lighters, 
yet matches are specifically excluded from the rule. Scripto 
recommended that the CPSC vigorously pursue regulatory action on 
matches. It stated that the societal benefits of regulating matches 
would far exceed those of regulating multi-purpose lighters.
    Response: Comparisons between child-play fires with matches and 
with multi-purpose lighters are not valid, because they largely involve 
children of different age groups. A study of 551 juvenile fire setters 
conducted in Portland, Oregon, found that use of matches by children 
younger than age 5 was rare, but was relatively common among children 
of ages 6 to 11 (Porth, 1999). This is consistent with the differences 
in motor development for the two age groups. Using a match requires 
two-hand coordination, a combination of force and precision, and the 
control to maintain a flame long enough to light something. These 
factors make it a challenging task for a 3- or 4-year-old child, but 
much less so for older children. In short, regulating matches would 
have little impact on child-play fires involving children under 5. 
Further, the overlap in the abilities of elementary school children and 
adults makes it impractical to modify the design of matches so they 
cannot be used by older children.
    In contrast, based on CPSC incident data for the period January 1, 
1988, through October 15, 1999, about 70 percent of the fires started 
with multi-purpose lighters were started by children under 5. These 
fires could be effectively reduced by a requirement that multi-purpose 
lighters be child-resistant. In baseline testing with children 42 to 51 
months of age, the child-resistance of current multi-purpose lighters 
ranged from 4 to 41 percent. The standard would increase the level of 
child-resistance to a minimum of 85 percent. The feasibility of making 
lighters child-resistant, yet acceptable to adults, has been 
demonstrated by the experience with the Safety Standard for Cigarette 
Lighters.
    In any event, the fact that the Commission might investigate or 
regulate other products, which present their own feasibility and cost-
benefit issues, does not counsel against action on multi-purpose 
lighters.

3. Issue: Definition of Multi-Purpose Lighters

    a. Exclude high-end multi-purpose lighters. Zelco commented that 
the scope should be narrowed to exclude higher-end multi-purpose 
lighters.
    Response: The Safety Standard for Cigarette Lighters excluded 
luxury lighters (customs or ex-factory value greater than $2.00) 
because they differed from disposable cigarette lighters in certain 
characteristics affecting risk. The staff stated that because of their 
cost, consumers would be less likely to leave luxury cigarette lighters 
in household locations accessible to young children.
    Unlike luxury cigarette lighters, the more expensive multi-purpose 
lighters are as likely to be involved in child-play fires as the less 
expensive models because they are stored and used in the same manner. 
In fact, some of the more expensive multi-purpose lighters are 
relatively large and may be more difficult to store out of the reach of 
children. At least one expensive multi-purpose lighter is appropriate 
for display near the fireplace.
    In addition, luxury cigarette lighters often have unusual ignition 
mechanisms that may be difficult for young children to operate. In the 
case of multi-purpose lighters, most ignition mechanisms are similar 
and easy for young children to operate. Multi-purpose lighters are 
activated by applying pressure to a trigger or button, which initiates 
fuel flow and causes a spark. Baseline testing indicates that one 
expensive lighter is as easy for children to operate as less expensive 
models.
    Therefore, the Commission concludes that excluding the more 
expensive lighters would reduce the benefits of a rule for multi-
purpose lighters.
    b. Exclude micro-torch lighters. Both the Lighter Association and 
Swedish Match question the inclusion of micro-torch lighters within the 
scope of the rule because they do not consider micro-torches to be 
comparable to the grill-type or ``utility'' multi-purpose lighters. The 
commenters argued that micro-torches are more suited for use in 
activities such as soldering, welding, heat shrinking, and household 
repairs.
    The Lighter Association, Swedish Match, and The Colibri Group 
suggested that the term ``micro-torch'' be deleted in order to prevent 
lighters primarily intended for igniting smoking materials from being 
incorrectly identified as multi-purpose lighters.
    Blazer Corporation, a company that specializes in the distribution 
of micro-torches, expressed concerns that the broad definition of 
multi-purpose lighter in the proposed rule may be interpreted to apply 
to micro-torch products used by professional tradesmen or in industrial 
settings.
    Response: The Commission considers micro-torches comparable to 
other types of multi-purpose lighters. As stated in the proposal, 
``micro-torches'' are marketed for multiple purposes that overlap those 
of ``grill'' or ``utility'' lighters (e.g., lighting fireplaces, camp 
fires, barbecues, camp stoves, etc.). All types of multi-purpose 
lighters are likely to be used and stored in the home in locations 
accessible to young children. For example, there is an incident where a 
child under the age of 5 started a fire with a micro-torch. It appears 
the child found the lighter near a gas furnace where it was used to 
light the pilot light.
    The Commission clarified the definition of multi-purpose lighters 
to specifically exclude devices intended primarily for igniting smoking 
materials, whether or not they are subject to the requirements of the 
Safety Standard for Cigarette Lighters.
    Regarding Blazer Corporation's concern about the application of a 
safety standard for micro-torch lighters to products used by 
professional tradesmen or in industrial settings, products intended and 
sold only for professional or industrial use would not be subject to a 
rule promulgated under the CPSA. 15 U.S.C. 2052(a)(1). If, however, a 
particular micro-torch model was advertised in general-circulation 
media (e.g., consumer magazines, catalogs, newspapers, television 
programs, consumer-oriented Internet web sites, etc.), or was sold in 
hardware or other stores open to the general public, it would be 
considered a consumer product subject to the standard. Therefore, if 
Blazer's products are available to consumers, they will need to comply 
with the rule.
    c. Define multi-purpose lighters on the basis of length. The 
Lighter Association recommended alternative language that would define 
multi-purpose lighters as

[[Page 71858]]

``a hand-held, flame producing device, * * * four inches or greater in 
length when in the fully extended position * * *'' It maintained that 
the obvious distinguishing characteristic of a grill lighter is the 
length of the product, which is designed to ``reach over fire or into 
inaccessible places.'' Zippo also supported a dimensional limitation.
    Response: The Commission did not use length to define multi-purpose 
lighters. There are micro-torch designs that are less than 4 inches 
long. The hotter, directional flame of a micro-torch compensates to an 
extent for its shorter nozzle, making it useful for many of the same 
purposes as ``grill'' lighters. CPSC staff members found micro-torches 
convenient to use for lighting a gas grill, a gas stove burner, 
candles, and a water heater pilot light. Other types of multi-purpose 
lighters could also be designed to be under 4 inches in length and 
still be functionally equivalent to longer lighters.
    d. Specify the type of fuel used by multi-purpose lighters. The 
Lighter Association and Zippo supported including only those lighters 
that use a gaseous fuel. Both indicated that it is not technologically 
or commercially feasible to create a utility lighter that uses liquid 
fuel. The Lighter Association states that they believe no liquid-fuel 
utility lighters are produced anywhere in the world and question the 
Commission's authority to regulate products that do not exist.
    Response: As proposed, a multi-purpose lighter was defined as a 
``flame-producing product that operates on fuel.'' There is no 
reference to any specific type of fuel, liquid or otherwise. The 
Commission concludes that any lighter that is used by consumers to 
ignite items such as candles, fuel for fireplaces, charcoal or gas-
fired grills, and the like should be required to be child-resistant, 
regardless of the type of fuel, since these lighters would all present 
the same risk.
    e. Change the words ``self-igniting'' to ``manually operated.'' The 
Lighter Association recommended changing ``self-igniting'' in the 
definition of multi-purpose lighter to ``manually operated ignition 
mechanism'' since the term ``self-igniting'' is not accurate because 
some action is required to ignite a lighter.
    Response: The Commission agrees that the term ``self-igniting'' is 
imprecise. Therefore, the Commission revised the definition of multi-
purpose lighters in the final rule to read ``A hand-held, flame-
producing product that operates on fuel [and] incorporates an ignition 
mechanism. * * *''
    f. Delete the exclusion for lighters with more than 10 ounces of 
fuel. The Lighter Association, BIC, and Scripto objected to the 
exclusion of multi-purpose lighters that contain more than 10 ounces of 
fuel. They question the basis for this exclusion and express concern 
that an arbitrary cut-off invites the introduction of products that 
will fall outside of the scope of the rule. The Lighter Association and 
BIC state that there should be no limit on the amount of fuel because 
there are lighter attachments sold without any fuel or fuel reservoir 
that work with any quantity of fuel. In support of this argument, they 
provided a lighter attachment, with an ignition mechanism, that 
accommodates a 14.1 ounce propane cylinder.
    Response: The final rule continues to exclude lighters that contain 
more than 10 ounces of fuel. As the Lighter Association recognized in 
its comments, this provision's purpose is to distinguish multi-purpose 
lighters from large propane torches, which are also used for soldering 
and brazing. Most multi-purpose lighters contain less than 2 ounces of 
fuel. A lighter with a fuel capacity of more than 10 ounces would be 
quite large--on the order of 3 inches in diameter by 7 inches high. 
Such a lighter would not be convenient for the typical uses of the 
lighters within the scope of the final rule. Therefore, such lighters 
would not likely be stored in the same locations as the smaller 
lighters that have been involved in child-play fires, and thus may not 
present the same risks.
    A lighter mechanism designed to accommodate a fuel cylinder with a 
capacity of 10 ounces or less would clearly be subject to the 
requirements of the final rule. The mechanism cannot function as a 
multi-purpose lighter without a fuel source being attached. This is 
true whether the attachment is sold with or without a fuel cylinder. 
For example, there are currently micro-torch multi-purpose lighters 
that utilize disposable butane cigarette lighters as the fuel source. 
Some of these micro-torches are sold with the cigarette lighter and 
some are sold without the cigarette lighter. Both products would be 
subject to the requirements for child-resistance.

4. Issue: The Proposal to Require Multiple Operation Capability is 
Design-Restrictive

    The Lighter Association, BIC, Scripto, Zippo, Swedish Match, and 
SNC Group strongly opposed the requirement that a multi-purpose lighter 
must allow multiple operations of the ignition mechanism (Sec. 1212.3 
(b)). They characterize this provision as a design requirement that 
would reduce competition by narrowing the scope of complying designs 
and would result in wasteful patent disputes. The Lighter Association 
and SNC Group indicate that, as proposed, this requirement essentially 
mandates a design that is currently marketed by a single company. BIC 
reported that they have patent applications pending in the United 
States and in countries around the world for a multi-purpose lighter 
that allows for multiple operations of the ignition mechanism. BIC 
commented that finalizing the requirement as proposed would invite 
multiple patent infringement suits and severely hinder the design and 
implementation of creative child-resistant mechanisms. Scripto provided 
a test method for evaluating the lighting reliability of a lighter. The 
Lighter Association proposed alternative language that they believe 
would not limit design options.
    Response: The Commission acknowledges that the multiple-operation 
requirement is design restrictive. For example, designs for child-
resistant lighters that did not increase the risk of flashback hazard 
because they had a high degree of lighting efficiency and would light 
on the first try, but did not allow for multiple operations of the 
ignition mechanism, would not have been allowed.
    The Commission proposed the requirement for multiple operations in 
response to a concern raised by Scripto and the Lighter Association 
that adding a child-resistant feature that resets after each operation 
of the ignition mechanism would create the potential for flashback in 
situations such as igniting a gas grill. Flashback in this context is 
the sudden ignition of excess fuel that has accumulated while the user 
is trying to light the device to be used to ignite the fuel. This is 
largely due to the inherent unreliability of some multi-purpose 
lighters to ignite with each operation of the ignition mechanism. With 
designs that allow multiple operation attempts before the child-
resistant mechanism resets, the lighting efficiency of a child-
resistant multi-purpose lighter should be essentially the same as that 
of the non-child-resistant lighters currently in use. Scripto's 
suggested lighting efficiency test was rejected because of insufficient 
data to show that the test represented the conditions under which 
consumers would use the lighters.
    The central issues concerning this risk of flashback are:

[[Page 71859]]

    1. Would a child-resistant mechanism that resets after each 
operation, and thus must be manipulated again before another ignition 
attempt can be made, delay successful ignition of a gas appliance to 
the extent that a flashback would result when the lighter finally 
ignites?
    2. And if so, would the flashback have the potential to produce a 
serious burn injury?
    The Directorate for Laboratory Sciences (lab), Division of 
Engineering (LSE), conducted a number of tests using gas-fired grills. 
The testing was conducted to determine the duration of ``delayed 
ignition'' that could be permitted without resulting in a ``flashback'' 
that could cause a serious burn injury.
    Preliminary tests were conducted with three sizes of grills. The 
lab found that the smallest grill presented the worst-case condition. 
When the accumulated propane gas was ignited in the shallow well of the 
smallest grill, the resulting flashback reached the highest level above 
the cooking surface of the three grills tested. The lab used 
cheesecloth sleeves to determine whether clothing would ignite as a 
result of the flashback. The lab found that allowing the propane gas to 
accumulate for 20 seconds could result in a flashback that would ignite 
the cheesecloth sleeve. The sleeve did not ignite with a 15-second 
accumulation of gas.
    The lab conducted 15 additional tests using the smallest grill. The 
gas was turned on and allowed to accumulate for 15 seconds before 
ignition. The tests were conducted with the cheesecloth sleeves 
touching the cooking surface of the grill directly above the ignition 
point. The cheesecloth sleeves did not ignite. Videotapes of the 
testing showed that the duration of the flashback events ranged from 
0.6 to 1.1 seconds.
    The Directorate for Health Sciences used the laboratory test 
results and information from the published literature on flash fires to 
evaluate the potential for serious burn injury. Health Sciences 
concluded that exposure to a very short duration flashback from propane 
fuel is unlikely to cause serious injury (i.e., second-or third-degree 
burns). Furthermore, the Division of Human Factors concluded that the 
actual exposure to the flashback would be even shorter than the 
measured duration because of the user's normal reflex to withdraw from 
the flashback. A shorter period of exposure would further reduce the 
potential for injury.
    The Directorate for Engineering Sciences, Division of Mechanical 
Engineering (ESME), tested six brands of non-child-resistant multi-
purpose lighters to determine the number of times a consumer might need 
to operate the ignition mechanism to produce a flame. In 50 of 53 
trials, a flame was obtained in 5 or fewer attempts and, in 47 of 53 
trials, in 3 or fewer attempts. The number of attempts averaged less 
than 3 for all brands of lighters.
    The Division of Human Factors conducted a study to determine if 
users are capable of operating child-resistant lighters that reset 
after each operation at least 5 times within 15 seconds. Disposable 
child-resistant cigarette lighters were used for this study because, at 
that time, the staff was not aware of any multi-purpose lighters with 
child-resistant mechanisms that reset after each operation attempt. For 
the 7 lighters tested, the minimum number of operations achieved in 15 
seconds ranged from 4 to 8. The maximum ranged from 14 to 24 
operations. In most of the trials (195/209), the subjects operated the 
lighters 6 or more times.
    The Directorate for Epidemiology, Division of Hazard Analysis, 
reviewed the incident data on flashback incidents associated with 
igniting gas appliances such as ranges, grills, water heaters, etc. The 
NEISS data from 1996-1998 indicated that, of the estimated 1,500 
victims treated each year for burn injuries related to flashback, the 
majority were treated and released. About 8% of the injuries required 
hospitalization. Malfunction of the products being ignited, fuel leaks, 
and user error appeared to be contributing factors in incidents that 
resulted in serious injury. Although delays in ignition apparently 
caused several incidents, the available data provide no evidence that 
delay caused by difficulty in operating multi-purpose lighters results 
in flashback that causes serious injury.
    The staff found that a flashback resulting from a 15-second 
accumulation of propane gas is unlikely to ignite clothing or cause a 
serious burn injury. The tests showed that a flame can be produced with 
most non-child-resistant multi-purpose lighters in 5 or fewer 
operations. Cigarette lighters with child-resistant features that reset 
after every operation were operated at least 6 times within 15 seconds 
in most of the trials. Therefore, the staff concluded that a child-
resistant mechanism that resets after each operation of a multi-purpose 
lighter would not prevent a user from successfully producing a flame 
and igniting a gas appliance before a hazardous flashback condition 
could occur.
    The staff found insufficient evidence to conclude that current 
multi-purpose lighters pose a risk of injury due to flashback, or that 
the addition of a child-resistant mechanism that resets after each 
operation would pose such a risk.
    Even without the results of these tests, however, the Commission 
would be justified in eliminating the requirement for multiple-
operation capability from the rule. First, the commenters who first 
raised the issue of flashback provided no persuasive data to support 
their concern. Second, the injury data from flashback incidents do not 
reveal any injuries due to small delays such as might result from 
child-resistant mechanisms. (The only exception to this was one 
incident where the person put his face over a grill to see why it did 
not light and kept operating the (non-child-resistant) lighter.)
    Third, market pressures likely will act to reduce the risk of 
flashback. The only child-resistant multi-purpose lighter now on the 
market is capable of multiple operations without operating the child-
resistant feature each time. This lighter is easy to use and is made by 
BIC, a large manufacturer with an extensive distribution network. This 
lighter is likely to bring a competitive pressure for other 
manufacturers to make their child-resistant multi-purpose lighters easy 
to use. Thus, any risk of flashback would be reduced. In addition, 
repeat sales of a lighter model that is hard to light would suffer. The 
Commission concludes that the proportion of multi-purpose lighters with 
inefficient ignition mechanisms that will be marketed, if any, will be 
small. Of this small percentage, some persons would be cautious, or 
follow the instructions of some appliance manufacturers, and light the 
flame before turning on the gas; these persons would not be at risk of 
flashback. The Commission notes that of the non-child-resistant multi-
purpose lighters that staff tested, one manufacturer had two models 
that were significantly less efficient in lighting than most of the 
other models. While this rule contains no lighting efficiency test, 
should any child-resistant multi-purpose lighter's poor lighting 
performance result in a flashback problem, the Office of Compliance 
would consider appropriate action.
    Therefore, the Commission is unable to support a requirement in the 
final rule that multi-purpose lighters must allow multiple operation 
attempts before the child-resistant mechanism resets. The Commission 
revised the requirement for multi-purpose lighters in the final rule to 
allow a child-

[[Page 71860]]

resistant feature to reset after one or more operations of the ignition 
mechanism.
    For the reasons given above, the requirements for multi-purpose 
lighters in Sec. 1212.3 of the final rule read as follows:
    (a) A multi-purpose lighter subject to this part 1212 shall be 
resistant to successful operation by at least 85% of the child-test 
panel when tested in the manner prescribed by Sec. 1212.4.
    (b) The child-resistant mechanism of a multi-purpose lighter 
subject to this Part 1212 must:
    (1) Operate safely when used in a normal and convenient manner,
    (2) Comply with this Sec. 1212.3 for the reasonably expected life 
of the lighter,
    (3) Not be easy to deactivate or prevent from complying with this 
Sec. 1212.3.
    (4) Except as provided in subparagraph (b)(5) of this section, 
automatically reset when or before the user lets go of the lighter.
    (5) The child-resistant mechanism of a multi-purpose lighter 
subject to this Part 1212 that allows hands-free operation must:
    (i) Require operation of an additional feature (e.g., lock, switch, 
etc.) after a flame is achieved before hands-free operation can occur;
    (ii) Have a manual mechanism for turning off the flame when the 
hands-free function is used; and either
    (iii) Automatically reset when or before the user lets go of the 
lighter when the hands-free function is not used; or
    (iv) Automatically reset when or before the user lets go of the 
lighter after turning off the flame when the hands-free feature is 
used.

5. Discussion of ``easily deactivated''

    The Lighter Association, BIC, and Scripto objected to language in 
the discussion of comments on the ANPR in the preamble of the proposal 
that states that the Commission considers an ``easily deactivated'' 
child-resistant mechanism to be one that can be easily disabled with a 
common household tool. The Lighter Association stated that this is a 
very significant issue because no lighter is designed to this standard 
and that such a requirement would mean that a lighter must be tamper-
proof. BIC stated that this interpretation is unreasonable and 
unworkable. Scripto commented that no standard can prevent a consumer's 
intentional destruction or alteration of a product's safety features, 
and that a ``tamper-proof'' requirement is unreasonable and 
impractical. Scripto suggested establishment of performance criteria to 
determine what would constitute ``easily deactivated.''
    Response: Disabling or removing the child-resistant mechanism was a 
common problem in the first 2 or 3 years after the effective date of 
the Safety Standard for Cigarette Lighters. In part, this was due to 
general consumer resistance to something new and less convenient. In 
addition, some of the early child-resistant cigarette lighter designs 
were difficult to operate. Effective enforcement of the standard, 
including pursuit of firms who purposely disabled child-resistant 
mechanisms on cigarette lighters offered for sale, and design changes 
by manufacturers to make mechanisms easier for consumers to use, appear 
to have reduced this problem for cigarette lighters.
    The Commission expects that manufacturers will use their experience 
with cigarette lighters to design child-resistant mechanisms for multi-
purpose lighters that will be easy for consumers to operate. In 
addition, many consumers have had experience with child-resistant 
mechanisms on other types of lighters.
    The Commission is expressing no position at this time on any 
criterion for when a lighter is easily deactivated. If the staff 
identifies either a cigarette lighter or a multi-purpose lighter model 
with a child-resistant mechanism that it believes can be easily 
deactivated, the Office of Compliance would consider appropriate 
action.

6. Issue: Impact of a Rule on Small Companies

    Donel, a small U.S. manufacturer of more expensive multi-purpose 
lighters, wrote that the cost and time to redesign and certify a 
lighter will make it very difficult for it to continue in the 
marketplace. It requested an additional 2-year grace period to comply 
with the regulations. The purpose of its request was its understanding 
that other firms were actively pursuing patent applications for child-
resistant technology and that it needed to see what these patents 
covered before beginning to work on its own technology. They stated 
that, once the pending patents are issued, it would be able to proceed 
with redesigning or licensing to comply with the requirements.
    SNC Group, a small U.S. firm, commented that patents filed by some 
companies may restrict competition, create hardship on small companies, 
and ultimately raise the cost to consumers. SNC Group suggested a 
number of possible ways to reduce the burden of a rule on small firms, 
including CPSC-mandated design standards in which no one manufacturer 
or importer has intellectual property rights, free legal counsel and 
testing for small businesses with proprietary designs, and providing 
loans to small businesses to lessen the financial hardship associated 
with legal advice and retooling.
    Response:
    Effective date. The costs of developing and testing lighters that 
would meet the rule's requirements may have a significant impact on 
some small firms that have proprietary or exclusive rights to a non-
child-resistant multi-purpose lighter design. The rule provides an 
effective date of 12 months from the date of publication in the Federal 
Register, as to products manufactured in, or imported into, the United 
States on or after that date. However, an additional 2-year grace 
period for small firms is not appropriate.
    In order to issue a rule with an effective date of more than 180 
days or less than 30 days, the Commission has to find that the longer 
or shorter date is in the public interest. 15 U.S.C. 2058(g)(1). The 
12-month effective date lessens the economic burden of the rule, 
especially on small firms, while providing protection to consumers in a 
reasonably expeditious manner.
    Based on experience with the Cigarette Lighter Safety Standard, the 
Commission estimates that it will take an average of 12 months to 
develop, test, retool for production, perform production tests, and 
manufacture and ship the product. The results of the conformance 
testing must be reported to CPSC at least 30 days in advance of the 
importation or distribution of the lighters. In addition, the time 
required for importing complying lighters into the United States will 
be a significant consideration for many firms.
    Some manufacturers, especially those that have been following this 
rulemaking proceeding, may have already begun developing child-
resistant models. Manufacturers who have had experience with developing 
child-resistant cigarette lighters may be able to take advantage of 
that experience and be able to manufacture and market child-resistant 
lighters sooner than 12 months. In fact, at least one model is already 
on the market and we are aware of other manufacturers that are working 
on child-resistant designs.
    Manufacturers who have not followed, or only very recently started 
following, this rulemaking proceeding may not have begun any 
development work. Additionally, manufacturers that do not also produce 
cigarette lighters, such as some micro-torch

[[Page 71861]]

manufacturers, do not have prior experience developing child-resistant 
designs. These manufacturers may be adversely affected by an effective 
date shorter than 12 months.
    Based on the Commission's experience with the Safety Standard for 
Cigarette Lighters, firms will continue to file new patents for child-
resistant designs. New firms will enter the market, and others will 
continue working on technology for new or improved child-resistant 
designs. The commenters did not explain why they would not face similar 
issues on the delayed effective date as they will face on the proposed 
effective date.
    Existing or pending patents may make entry into the market more 
difficult. However, any negative impact regarding patent infringement 
issues will be minimized because the standard is a performance standard 
rather than a design standard. Revising the requirements in the final 
rule to allow the child-resistant mechanism to reset either after one 
or more operations should also reduce some patent infringement concerns 
by allowing a wider variety of designs to comply with the standard.
    A 12-month effective date does not mean that no benefits will occur 
until 1 year after the publication of the final rule. Indeed, one 
manufacturer already has a child-resistant multi-purpose lighter on the 
market. Other manufacturers can be expected to introduce their own 
models as they are developed. Therefore, CPSC expects that the number 
of child-resistant multi-purpose lighters on the market will increase 
prior to the effective date of the rule. For the reasons, stated above, 
the Commission concludes that a 12-month effective date is in the 
public interest.
    Other actions. The Consumer Product Safety Act requires that 
consumer product safety standards be expressed in terms of performance 
requirements. This may prevent the Commission from mandating a single 
design. Also, mandating a single design would stifle the creativity of 
individual manufacturers and preclude future design improvements. The 
Commission does not have the authority or the funding to provide loans 
or subsidies for legal counsel, retooling, or testing.
    As noted above, the rule will adversely affect some small 
businesses. Nevertheless, these impacts are justified by the 
overwhelming fire-prevention benefits expected from the rule.

7. Costs of Testing and Certifying

    Zelco commented that the Commission has failed to make allowances 
for small business. Zelco stated that the cost of testing and 
certification is exorbitant and an unnecessary burden on small 
companies. Zelco requested that the testing requirements be reduced or 
that the Commission subsidize the costs for small businesses. Donel 
commented that there are enormous costs involved in redesigning and 
certifying a child-resistant lighter.
    Response: The Commission did consider the impact of testing and 
certifying on small businesses. The Preliminary Regulatory Analysis in 
the proposal estimated the average cost of testing at about $25,000 per 
model. However, testing and certification are necessary to ensure that 
all multi-purpose lighters on the market are child-resistant.

8. Issue: Supervision

    Zelco commented that lighters are adult products and that, if 
children were supervised and taught to respect them, there would be no 
need for these regulations. Scripto stated that child-resistant 
mechanisms are not a substitute for proper adult supervision. Scripto 
stated that, in their experience, most instances of serious injury 
associated with child-play fires involved gross parental neglect.
    Independent Safety Consulting commented that incidents involving 
multi-purpose lighters demonstrate the normal and expected range of 
parental behavior when it comes to supervision; accidents happen even 
when children are appropriately supervised. The American Academy of 
Pediatrics commented that adult supervision can never be perfect.
    Response: Proper adult supervision is very important. Teaching 
children to ``respect'' adult items, and otherwise avoid hazards, is a 
necessary component of child rearing. It is, however, an unreliable 
strategy for injury prevention. Three-and 4-year-old children are fully 
capable of verbalizing rules repeated to them by adult caretakers. This 
is simple mimicry to a large extent, and does not imply either that 
children have a full understanding of the potential consequences of 
their behavior, or that they have developed sufficient control of their 
impulses to obey the rules with 100-percent consistency.
    Congress addressed the general issue of adult responsibility in its 
passage of the Poison Prevention Packaging Act. The Report of the 
Senate Committee on Commerce (1970) stated that negligence is not the 
principal cause of poisoning incidents, and that there are too many 
potential hazards to expect that children will be adequately protected 
from all of them solely through adult intervention. S. Rep. No. 91-845 
at 3 (1972).
    The fire incident reports show that children generally were under 
reasonable levels of supervision at the time they started the fires. 
While child-resistant mechanisms do not substitute for parental 
supervision, they can provide a valuable measure of safety.

9. Issue: Labeling

    Zelco commented that labeling requirements would be sufficient. The 
American Academy of Pediatrics stated that product labeling is very 
important, but that it will not be as effective as making the lighters 
child-resistant. Independent Safety Consulting commented that a label 
is not likely to significantly reduce these fires and that warning 
labels cannot affect behavior nearly as well as can a technical design 
change.
    Response: The Commission does not believe that warning labels alone 
can effectively address the risks associated with multi-purpose 
lighters. Labeling of multi-purpose lighters (including ``Keep out of 
reach of children'') has always been required under the FHSA, and this 
has clearly been insufficient to prevent child-play fires. Since most 
caregivers are fully aware of the dangers of young children playing 
with lighters, and since incident information shows that children 
access these lighters in spite of attempts to store them out of reach, 
the Commission concludes that additional or different warning 
statements would not reduce the incidence of child-play fires with 
multi-purpose lighters.

10. Issue: Education

    Zelco stated that the aim of these regulations could be 
accomplished just as easily through education. Scripto commented that 
the Commission must consider the need for concomitant education 
efforts. Swedish Match recommended that the Commission fund a strong 
education program to ``address consumer behavior in leaving their 
lighters and their young children unattended.''
    The American Academy of Pediatrics commented that consumer 
education is very important but that it will not be as effective as 
making the lighters child-resistant. Independent Safety Consulting 
states that an education campaign is not likely to significantly reduce 
these fires. Child-resistant mechanisms should be coupled with 
information and education so that parents can be aware of the 
limitations of a child-resistant feature.
    The Lighter Association provided information about education 
programs they developed with the Learn Not to Burn Foundation and the 
National Fire

[[Page 71862]]

Protection Association. The programs warn preschoolers and adults of 
the risk of lighters and matches. The Lighter Association also 
submitted an article from the January/February 1999 National Fire 
Protection Association (NFPA) Journal reporting that the Portland, 
Oregon, program showed a 36-percent decline in juvenile fire-setting as 
a result of use of the Youth Education Program.
    BIC submitted a copy of their ``play safe! be 
safe!'' safety program, which was developed in 1994 in 
cooperation with Fireproof Children of Pittsford, New York. This 
program teaches young children the basics of fire prevention and shows 
them how to respond to specific situations in case of fire. The program 
is being utilized in hundreds of pre-school classrooms in the U.S. and 
Canada.
    Response: The Commission does not believe that education alone can 
effectively address the risks associated with multi-purpose lighters. 
As an injury prevention strategy, education is less effective than 
product modifications, which do not rely on behavior changes. Education 
serves to provide the public with accurate information. For example, it 
may be appropriate to advise consumers that child-resistant does not 
mean child-proof, and that child-resistant mechanisms are intended to 
prevent lighter use by most children under 5.
    The incident data, however, show little need for an education 
program to ``address consumer behavior in leaving their lighters and 
their young children unattended.'' The data show that, in general, 
children were not ``unattended,'' and that in many cases, lighters were 
placed where they could be thought to be ``out of reach'' but were 
nevertheless reached.
    The effectiveness of the Youth Education Program is unsubstantiated 
because there are important confounding factors that preclude a valid 
inference of a direct cause-effect relationship between the program and 
any statistically significant change in fires set by juveniles. 
Furthermore, it is not clear that the Youth Education Program addressed 
the age group targeted by a standard for child resistance.
    The Safety Standard for Cigarette Lighters was issued in 1993 and 
became effective in 1994. It is possible that the use of child-
resistant cigarette lighters contributed to the drop in the proportion 
of fires attributable to juveniles over the 4-year period (1993/1994 to 
1996/1997) cited in the NFPA Journal article (if, as noted above, 
children under 5 are included in the age group studied).
    Given the lack of consistent evidence of their effectiveness, the 
Commission concludes that education programs are an inadequate 
substitute for the a standard that requires multi-purpose lighters to 
be child resistant.

11. Issue: Provisions of Test Protocol

    a. Position of on/off switch. BIC contended that multi-purpose 
lighters with on/off switches should be tested with the switch in the 
unlocked position, rather than in the locked position, as proposed. BIC 
stated that many consumers would leave the lighter in the unlocked 
position. Further, BIC pointed 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% child-resistance requirement.
    Response: The Commission agrees with BIC's recommended modification 
to the test protocol because on/off switches are not adequate to serve 
as part of the child-resistance mechanism. 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 locked position every time the lighter is 
used. For a variety of reasons, even careful adults may fail to do so. 
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, on August 4, 1999, the Commission published a notice in 
the Federal Register to propose that the test protocol should require 
that lighters with on/off switches that do not automatically reset to 
the locked position be tested with the switch in the on, or unlocked, 
position. The Commission also provided an opportunity for interested 
parties to present oral comments on this issue on September 15, 1999. 
The Executive Director of the National Fire Protection Association 
Center for High-Risk Outreach commented that conducting the protocol 
test with the lighter on/off switch in the unlocked position would add 
an important element of realism to the test.
    Accordingly, the Commission revised the test procedure at 
Sec. 1212.4(f)(1) in the final rule to provide:

    Note: For multi-purpose lighters with an ``on/off'' switch that 
does not automatically reset to the locked position, the surrogate 
lighter shall be given to the child with the switch in the ``on,'' 
or unlocked, position.

    b. Participation of children in multiple tests. Milford Consulting 
Associates endorses the provision that allows the same children to test 
child-resistant packaging, cigarette lighters, and multi-purpose 
lighters, so long as the children participate in each test on a 
different day. It stated that the cross learning from test to test 
would be negligible, but that the children's familiarity with the test 
setting would be facilitated by multiple tests, making the test less 
intimidating to the children.
    Response: The Commission agrees that the cross learning from one 
type of test to another would be negligible. The test procedure in 
Sec. 1212.4(a)(7) of both the proposal and the final rule allows 
children to participate in tests of different products, provided that 
the tests are conducted on different days.
    c. Tester quotas and lighter quotas. Milford Consulting Associates 
requested some changes to the requirements for the number of children 
who are tested by each tester and in the number of tests conducted with 
each surrogate lighter. They requested that when two central location 
test sites are used and a tester or a surrogate lighter drops out, the 
remaining tests be allocated equally to the remaining testers at that 
one test site.
    Response: Currently, the test procedure has very specific 
requirements for the number of children who can be tested by each 
tester and the number of times each surrogate lighter can be used in 
testing. The reason for these requirements is to minimize the impact of 
any one tester or any one lighter on the final test results. Based on 
the staff's experience with the standard for cigarette lighters, tester 
variability can influence the test results. In addition, surrogate 
lighters may vary in operation forces. Because exceeding the proposed 
quotas could introduce test bias, the Commission did not make any 
changes.
    d. Participation. Milford Consulting Associates requested that 
children who refuse to attempt to operate the surrogate multi-purpose 
lighter throughout the entire test period should be counted in the test 
results, provided they are not disruptive. They stated that in a real-
life situation some children would refuse to touch a lighter even while 
a companion is doing so.
    Response: The Commission believes that refusing children should 
continue to be eliminated from the test results because it provides a 
more appropriate

[[Page 71863]]

test for the lighter. A child's refusal in a test may be related to the 
circumstances of the test and does not necessarily mean that the child 
would not attempt to operate a lighter in the home. The Commission 
believes that the 85% acceptance criterion should be based on the 
number of children who attempt to operate the lighter and are unable to 
do so. This is the procedure used in the Safety Standard for Cigarette 
Lighters.
    e. Orientation of lighter during demonstration. BIC Corporation and 
Milford Consulting Associates requested a change in Sec. 1212.4(f)(3) 
of the test protocol. In the proposed rule, during the demonstration of 
lighter operation to the children, the tester was instructed to hold 
the surrogate multi-purpose lighter in a vertical position in one hand 
with the child-resistant feature exposed. BIC pointed out that the 
normal operating position of multi-purpose lighters for many purposes 
is horizontal.
    Response: The Commission agrees that this requirement should be 
changed because some multi-purpose lighters are operated in a vertical 
position and some are operated in a horizontal position. The final rule 
eliminates reference to any specific orientation. Instead, the rule 
provides that the tester should hold the lighter in a comfortable 
operating position in one hand so both children can see the operation 
of the child-resistant mechanism and the ignition mechanism during each 
demonstration. The purpose of this provision is to assure that the 
children are able to clearly see the operation of the lighter. As long 
as the children can see the operation, there is no need to hold the 
lighter in any particular position.

12. Issue: Anti-Stockpiling Reporting

    Scripto recommends a change to the anti-stockpiling provision. This 
change would require information used to establish the number of 
lighters made or imported during the year following publication of the 
final rule to be filed with CPSC at the end of each calendar month 
instead of within 10 days of shipment, as proposed. Scripto states that 
this would reduce the reporting requirements and provide the Commission 
with better visibility and control of these shipments.
    Response: Because industry members reported abuses of the similar 
anti-stockpiling requirement in the Safety Standard for Cigarette 
Lighters, the Commission proposed a reporting requirement for this 
rule. The Commission agrees with Scripto's recommendation, in the 
interest of reducing the paperwork burden on manufacturers and the 
staff without compromising the ability of the Commission to effectively 
enforce the anti-stockpiling provision. The final rule requires 
reporting within 10 days of the end of each calendar month, for 
lighters shipped within that month, instead of within 10 days of 
lighter shipment.

13. Issue: In-Bond Shipments

    Scripto reported problems it has experienced with seizures by 
customs and delays at foreign ports of shipments of non-child-resistant 
lighters that are imported into the U.S. in bond for export to other 
nations. It requested CPSC to review this transit-and-export process in 
order to reduce unnecessary delays and paperwork in the future.
    Response: Scripto refers to the process of moving noncomplying 
cigarette lighters manufactured in Mexico through the United States, in 
bond, for export to foreign countries that do not require the lighters 
to be child-resistant. This process is a program of the U.S. Customs 
Service. If contacted in advance of such shipments, the Office of 
Compliance is able to work with manufacturers and importers to 
facilitate the smooth movement of in-bond shipments.

14. Issue: Households Without Young Children

    Ms. Lorraine Daly, a consumer, wrote that there is a very large 
percentage of older citizens in the country who don't have children in 
their homes and therefore don't need the protection of child-resistance 
on medicines or lighters. Similarly, Ms. Eve Mallett wrote, ``We can't 
child proof the world at the expense of childless or older people.''
    Response: Available data indicate that both lighter child-play 
fires and accidental ingestions of medicines have occurred in the homes 
of older consumers. These incidents commonly occur while grandparents 
are baby-sitting or during family visits. The Poison Prevention 
Packaging Act has provisions that allow for availability of non-child-
resistant packaging for medicines otherwise required to be in child-
resistant packaging. These provisions allow handicapped or arthritic 
consumers to have ready access to their medicines. However, there is no 
comparable need for a consumer to have a non-child-resistant multi-
purpose lighter.
    In addition, unlike multi-purpose lighters, the particular design 
of child-resistant packaging for medicines is selected by the 
manufacturer or the pharmacist, not the consumer. Like child-resistant 
cigarette lighters, there will be a number of different multi-purpose 
lighter designs to choose from. The Commission believes that older 
consumers who can operate a current multi-purpose lighter will find a 
child-resistant multi-purpose lighter that they are able to operate 
with little or no difficulty.
    Therefore, there is no need to forego the lifesaving benefits of 
the rule to accommodate the special needs of elderly or handicapped 
persons.

F. Environmental Considerations

    Pursuant to the National Environmental Policy Act and CPSC's 
procedures, the Commission considered the potential environmental 
effects of the rule. Under CPSC's regulations, this rule falls within a 
category of actions that normally have little or no potential for 
affecting the human environment, and for which neither an environmental 
impact assessment nor an environmental impact statement is required. 16 
CFR 1021.5(c)(1).
    Less than 1% of the non-child-resistant multi-purpose lighters that 
are sold in this country are manufactured domestically. The rule is not 
expected to significantly alter the amount of materials, energy, or 
waste generated during production of the lighters. Nor should the rule 
cause manufacturers to shift production to other countries or 
locations. Molds and other tools used by manufacturers in the 
production of multi-purpose lighters or their components are 
periodically replaced. Potentially, the rule may cause some 
manufacturers to replace the molds and other tools earlier than they 
would have otherwise.
    The rule does not require any recall of non-child-resistant 
lighters manufactured or imported before the effective date; therefore, 
there are no disposal issues with regard to such lighters. The rule is 
not expected to affect the manner in which multi-purpose lighters are 
packaged for sale, or to affect the amount of butane or other fuel used 
in the operation of the lighters.
    The Commission concludes, from the available information, that the 
rule will not significantly affect raw material usage, air or water 
quality, manufacturing processes, or disposal practices in a way that 
will significantly impact the environment.

G. Statutory Findings

    The CPSA also requires the Commission to make the following 
findings before it promulgates a rule:
    (A) That the rule (including its effective date) is reasonably 
necessary to eliminate or reduce an unreasonable

[[Page 71864]]

risk of injury associated with such product;
    (B) That the promulgation of the rule is in the public interest;
    (C) That the benefits expected from the rule bear a reasonable 
relationship to its costs; and
    (D) That the rule imposes the least burdensome requirement that 
prevents or adequately reduces the risk of injury for which the rule is 
being promulgated. 15 U.S.C. 2058(f)(3).
    The Commission has made the required findings, which are published 
as Appendix A to the final rule.

H. Regulatory Analysis

    Before issuing a final rule, the CPSA requires the Commission to 
consider and make appropriate findings for inclusion in the rule with 
respect to:
    (A) The degree and nature of the risk of injury the rule is 
designed to eliminate or reduce;
    (B) The approximate number of consumer products, or types or 
classes thereof, subject to such rule;
    (C) The need of the public for the consumer products subject to 
such rule, and the probable effect of such rule, upon the utility, 
cost, or availability of such products to meet such need; and
    (D) Any means of achieving the objective of the order while 
minimizing adverse effects on competition or disruption or dislocation 
of manufacturing and other commercial practices consistent with the 
public health and safety. 15 U.S.C. 2058(f)(1). These findings are also 
published in the appendix to the final rule.
    Based on these findings, the Commission must, if it issues a final 
rule, publish a final regulatory analysis with the rule, containing:
    (A) A description of the potential benefits and the potential costs 
of the rule, including costs and benefits that cannot be quantified in 
monetary terms, and the identification of those likely to receive the 
benefits and bear the costs;
    (B) A description of any alternatives to the final rule which were 
considered by the Commission, together with a summary description of 
their potential benefits and costs and a brief explanation of the 
reasons why these alternatives were not chosen; and
    (C) A summary of any significant issues raised by the comments 
submitted during the public comment period in response to the 
preliminary regulatory analysis, and a summary of the assessment by the 
Commission of such issues. 15 U.S.C. 2058(f)(2).
    The Commission's final regulatory analysis of the rule on multi-
purpose lighters is published below.

Final Regulatory Analysis

Requirements of the Rule

    The rule addresses the risk of death and injury caused by children 
under the age of 5 playing with multi-purpose lighters, including 
micro-torches. Manufacturers or importers of products meeting the 
definition of ``multi-purpose lighters'' will have to certify that 
their products comply with the rule and provide evidence of a 
reasonable testing program, as required by 15 U.S.C. 2063, to support 
the certification. The rule specifies minimum requirements and features 
of the required testing program.
    The test protocol is intended to determine the percentage of 
children in a specified age range that could be expected to be able to 
operate the lighter. It requires surrogates that will not produce a 
flame be used in the tests in place of production lighters. Up to two 
panels of 100 children are used to test the surrogates. If a child 
succeeds in operating a surrogate, a visual or audible signal is 
produced. If at least 85% of the children in the test panels are unable 
to operate the surrogates, the production lighters comply with the 
child-resistance requirements.
    The rule also establishes certain minimum recordkeeping and 
reporting obligations for manufacturers, importers, and distributors. 
The effective date of the rule is December 22, 2000. All multi-purpose 
lighters manufactured in the U.S. or imported on or after this date 
will have to comply with the requirements of the rule.

Product and Market Information

The Product

    The product subject to this rule, multi-purpose lighters, is 
described in Section A of this notice.

Sales, Retail Prices and Useful Product Life

    Multi-purpose lighters, including micro-torches, were introduced 
around 1985. Sales of multi-purpose lighters increased rapidly after 
their introduction. Scripto-Tokai, the firm that introduced multi-
purpose lighters, reports that it sold one million units the first 
year. Industry sources estimate that sales of multi-purpose lighters 
were about 20 million units in 1998 and will be approximately 21 
million units in 1999. Industry sources are divided over their 
expectations for future sales. Some expect sales to continue to 
increase at the rate of 5 to 10% annually over the next several years. 
Others believe that the market for multi-purpose lighters is becoming 
satiated and that sales are likely to increase at a slower pace than in 
the past.
    Retail prices of multi-purpose lighters have declined over the last 
couple of years. Currently, retail prices for multi-purpose lighters 
start at less than $2.50, and most sell for less than $6.00. However, 
some high-end multi-purpose lighters retail for $20 to $40 or more. 
Micro-torches have been observed retailing for as little as $12, but 
they more frequently retail for around $20 to more than $100. Micro-
torches and other high-end multi-purpose lighters combined probably 
have less than 5% of the market for multi-purpose lighters.
    The useful life of a multi-purpose lighter depends on how often and 
for what purpose it is used. If a typical multi-purpose lighter 
contains enough fuel for an average of 1,000 lights, a multi-purpose 
lighter that is used several times a day would be expected to last less 
than 1 year. On the other hand, a lighter that is used less than once a 
day, or only seasonally, could last longer.
    The fuel supply is not the only thing that limits the useful life 
of a multi-purpose lighter. A multi-purpose lighter can break or wear 
out, the piezo crystals can become dirty or misaligned, the fuel lines 
can become clogged, and the O-rings may fail and allow fuel to leak out 
of the lighter. Since most multi-purpose lighters are relatively 
inexpensive, some may simply be misplaced by consumers.
    According to industry sources, more than 18 million lighters were 
sold in 1997. At the same time, a study based on a panel of 20,000 
households indicated that fewer than 8 million U.S. households 
purchased multi-purpose lighters between October 1996 and October 1997. 
This suggests that most multi-purpose lighters have a useful life of 
less than one year, and/or that a large proportion of households that 
have multi-purpose lighters use more than one lighter over the course 
of a year.
    The useful life of the more expensive models and micro-torches can 
be longer. These lighters are refillable and retail for $20 to more 
than $100. Although the unit sales of the more expensive lighters 
account for only a small portion of the annual sales of multi-purpose 
lighters, the number in use at any given time, because of their longer 
expected life, is likely to be somewhat higher than their share of the 
annual sales.
    Based on the assumption that the average useful life of multi-
purpose lighters is approximately one year or less, the Commission 
estimates that the number of multi-purpose lighters used during a given 
year is roughly equal to the estimated annual sales. Thus, in the 
period 1995 through 1998, the number

[[Page 71865]]

of multi-purpose lighters in use in a given year was probably in the 
range of 16 million to 20 million.

Manufacturers

    CPSC has identified about 40 firms that manufacture, import, or 
privately label multi-purpose lighters. There are likely other firms, 
especially small importers or private labelers, that have not been 
identified. The number of firms participating in the market has 
increased as sales have increased.
    Four manufacturers are members of the Lighter Association Inc., a 
trade association representing manufacturers of cigarette lighters. In 
1997, the Lighter Association estimated that its members had more than 
90% of the market for multi-purpose lighters in the United States. 
However, the market share of the Lighter Association members appears to 
be declining as competition from Asian and other imports is increasing.
    The manufacturer with the largest market share is Scripto-Tokai 
Corporation. Although Scripto once had over 90% of the market, industry 
sources indicate that its share has fallen, and probably is now in the 
range of 80 to 90%. Most of the remaining 10 to 20% are manufactured by 
companies such as BIC, Swedish Match, Ronson, and various Asian 
manufacturers.
    BIC Corporation manufactures its multi-purpose lighter in South 
Carolina. Only one other manufacturer, Donel, a manufacturer of high-
end lighters, is known to produce multi-purpose lighters domestically. 
Scripto-Tokai imports its lighters from Mexico. Flamagas (Clipper 
brand) lighters are produced in Spain. Most other lighters are 
manufactured in Asia.
    There are a handful of small U.S.-based companies that have 
proprietary designs for multi-purpose lighters. These companies 
generally work with Asia-based manufacturers to manufacture their 
products. However, the U.S.-based companies have often borne the 
research and development costs. Other small U.S.-based companies are 
known to import and privately label multi-purpose lighters for which 
they do not hold proprietary designs.

Substitutes for Multi-Purpose Lighters

    There are a number of products that can be used for the same 
purposes as multi-purpose lighters. The most likely and versatile 
substitute is probably ordinary box or book matches. Compared with 
about 8 million households purchasing multi-purpose lighters in 1997, a 
1991 study for the CPSC indicated that more than 60 million households 
had matches (either book or box matches). Cigarette lighters can also 
be used for many of the purposes for which multi-purpose lighters are 
used. The retail prices of the substitutes are reasonably close to the 
retail prices of multi-purpose lighters. However, since sales of multi-
purpose lighters have climbed rapidly from approximately 1 million 
units in 1985 to 20 million in 1998, we can infer that some consumers 
perceive that they receive greater utility from multi-purpose lighters 
than they would from the substitutes in some applications.
    There are also reasonable substitutes for micro-torches when they 
are used in applications such as soldering. The closest substitutes 
would likely be butane or propane torches that do not have internal 
ignition mechanisms. These are functionally nearly identical to micro-
torches when used for torch applications, except that they must be 
ignited with a match or other external lighter. Electric soldering 
irons can also be used for many of the same applications. The cost to 
consumers of these substitutes may be reasonably similar to the cost of 
micro-torches.

Potential Benefits of the Rule

Societal Costs of Child-Play Fires

    The rule is intended to reduce fires resulting from children under 
the age of 5 playing with multi-purpose lighters. The benefits to 
society of the rule will be the expected reduction in the societal 
costs of the deaths, injuries, and property damage associated with 
these fires.
    The Commission is aware of 196 fires from 1995 through 1998 started 
by children under age 5 playing with multi-purpose lighters. These 
incidents resulted in 35 deaths, 81 injuries, and substantial property 
damage. The societal costs of these fires are discussed below. The 
analysis is limited to this 4-year period because the data available 
for other years are less complete.
    Deaths: If we assume a cost of $5 million for each fatality, an 
estimate that is consistent with the existing literature, a point 
estimate of the societal costs of the known fatalities between 1995 and 
1998 is $175 million.
    Injuries: Many of the 81 non-fatal injuries were severe. At least 
43 involved burn injuries. Fire burns are among the most costly of 
injuries in terms of the cost of medical treatment and the pain and 
suffering of the victim. A CPSC study estimated that: the average cost 
of a hospitalized fire burn injury was $898,000; the average cost of a 
burn injury where the victim was treated and released was estimated to 
be $15,000; and the average cost of a burn injury treated elsewhere was 
$2,000. These costs include medical and transportation costs, lost 
productivity, and pain and suffering. Of the 43 burn injuries, at least 
15 were hospitalized and 12 were treated and released. The remaining 16 
burn victims were either treated at the scene or the treatment they 
received is unknown. Based on the average societal costs from these 
types of injuries, the total cost of the burn injuries known to have 
occurred during this period is estimated to be at least $13.7 million 
(15  x  $898,000 + 12  x  $15,000 + 16  x  $2,000).
    At least 20 of the 81 injuries involved smoke inhalation. The CPSC 
study referenced above estimated that the average societal cost of a 
smoke inhalation injury was about $130,000 if the victim was 
hospitalized, and $13,000 if the victim was treated and released. If 
the victim was treated at the scene or received other treatment, the 
average societal cost was estimated to be $2,000. At least one of the 
smoke inhalation victims was hospitalized, and 12 were treated and 
released. If we assume that the remaining 7 victims were treated at the 
scene, the total societal costs associated with the smoke inhalation 
cases are estimated to be about $0.3 million (1  x  $130,000 + 12  x  
$13,000 + 7  x  $2,000).
    The remaining 18 victims either had other types of injuries, such 
as broken bones or lacerations, or the type of injury was not reported. 
The treatment of these 18 victims was either unknown or not reported. 
Based on the above referenced CPSC study, the average societal costs of 
other non-hospitalized injuries is estimated to be $13,000. Therefore, 
the total societal costs of the 16 victims who had injuries other than 
burns or smoke inhalation can be estimated at $.2 million (18  x  
$13,000).
    Based on the above discussions, the Commission estimates that the 
total societal costs of the injuries associated with children playing 
with multi-purpose lighters that we know to have occurred during the 
1995 through 1998 period to be $13.4 million. This is a conservative 
estimate, as it includes only the incidents of which the CPSC is aware.
    Property Damage: The total property damages from the 196 child-play 
fires known to have occurred from 1995 through 1998 exceeded $5 
million. This number is conservative because it only includes the fires 
known to CPSC. And, of those known fires, it only includes fires where 
a property damage estimate was reported to CPSC.
    Total Societal Costs: Summarizing all of the above costs (deaths, 
injuries, and property damage), the total estimated societal costs of 
the known incidents for

[[Page 71866]]

the 4-year period 1995 through 1998 is about $194.2 million, or $48.6 
million annually. This comes to about $2.43 per year for each multi-
purpose lighter in use. It is important to note that these cost 
estimates are based only on the incidents reported to CPSC, not on 
national fire loss estimates. There are likely to be other incidents of 
which CPSC is not aware.

Expected Reduction in Societal Costs

    The rule is not expected to eliminate all fire incidents involving 
children under the age of 5. Some children in that age range will be 
able to operate multi-purpose lighters that meet the requirements of 
the rule. Indeed, a multi-purpose lighter will meet the requirements of 
the rule even if up to 15% of the subjects in the test panel can 
operate the lighter.
    On the other hand, some children under the age of 5 cannot operate 
the non-child-resistant multi-purpose lighters currently on the market. 
CPSC baseline testing indicates that, depending on the model, 4 to 41% 
of test subjects cannot operate non-child-resistant multi-purpose 
lighters. Therefore, the rule for multi-purpose lighters is expected to 
reduce the number of children under the age of 5 that can operate 
multi-purpose lighters by 75 to 84%.2
---------------------------------------------------------------------------

    \2\ The estimated minimum improvement in child resistance due to 
the rule for any given non-child-resistant lighter is calculated by 
dividing the percentage improvement in child resistance (the 85% 
minimum requirement of the rule minus the baseline child resistance 
of the non-child-resistant lighter) by the percentage of children 
that can operate the non-child-resistant lighter (100% minus the 
baseline %). For example, the least child-resistant lighter in the 
baseline testing (4% child resistance) would show an estimated 84% 
improvement in child resistance, and the same percent reduction in 
child-play fires [(85 - 4)/(100 - 4) = 81/96 = 84%]. The most child-
resistant lighter in the baseline testing would show a 75% 
improvement [(85 - 41)/(100 - 41) = 44/59 = 75%].
---------------------------------------------------------------------------

    Additionally, the overall effectiveness of the standard may be 
higher than the 75 to 84% estimated above for two reasons. First, 
manufacturers may achieve an average level of child-resistance greater 
than 85% to ensure that their design will always achieve at least the 
minimum level of child resistance required by the rule. The experience 
with cigarette lighters, for example, indicates that most manufacturers 
achieve 90% or higher child resistance.
    Second, CPSC probably over-estimated the baseline child-resistance 
of the non-child-resistant multi-purpose lighters in use. This is 
because CPSC tested lighters with on/off switches in the off, or 
locked, position. If the lighter had been tested with the switch in the 
on, or unlocked, position, as required by the final rule, the baseline 
child-resistance would have been much lower than the 41% estimated 
above. We expect that some multi-purpose lighters will at times be 
stored with the switch in the unlocked position.
    Using the lower end of the range of the estimated effectiveness of 
the rule, during the 1995 through 1998 time frame, societal costs of 
child-play fires involving multi-purpose lighters would have been 
reduced by about $36.5 million annually had all multi-purpose lighters 
been child-resistant.3 Assuming that an average of 20 
million multi-purpose lighters were used each year, the gross benefit 
per lighter would have been about $1.82. If there were child-play fires 
involving multi-purpose lighters during this period of which CPSC is 
not aware, or if a substantial number of consumers store multi-purpose 
lighters unlocked, the estimated benefits would have been higher.
---------------------------------------------------------------------------

    \3\ Calculated by multiplying the estimated $48.6 million in 
societal costs by 0.75 (the expected reduction in such fires).
---------------------------------------------------------------------------

Potential Costs of the Rule

    Manufacturing costs. Manufacturers will incur costs to modify their 
products to comply with the rule. In general, costs that would be 
incurred by the manufacturers in developing, producing, and selling new 
complying lighters include the following:
     Research and development toward finding the most promising 
approaches to improving child resistance, including building prototypes 
and surrogate lighters for preliminary child-panel testing;
     Retooling and other production equipment changes required 
to produce child-resistant multi-purpose lighters, beyond normal 
periodic changes made to the plant and equipment;
     Labor and material costs of the additional assembly steps, 
or of the modification of assembly steps, in the manufacturing process;
     The additional labeling, recordkeeping, certification, 
testing, and reporting that will be required for each model.
     Various administrative costs of compliance, such as legal 
support and executive time spent at related meetings and activities; 
and
     Lost revenue if the child-resistant features adversely 
affect sales.
    Industry sources have not provided firm estimates of these costs. 
However, the Lighter Association stated that its members believed the 
costs would average between $0.25 and $0.75 per lighter. One major 
manufacturer, BIC, has introduced a child-resistant multi-purpose 
lighter. Because BIC did not previously manufacture a non-child-
resistant lighter, a spokesman was unable to estimate the incremental 
cost of developing and manufacturing child-resistant multi-purpose 
lighters.
    Research and Development Costs. One manufacturer speculated that 
the costs of developing, testing, and retooling for production of 
multi-purpose lighters might be $1 million per manufacturer, if it is 
possible to adapt the same technology used to make cigarette lighters 
child-resistant. However, the manufacturer stated that, if it were not 
possible to adapt the cigarette lighter technology, the costs could be 
as high as $5 million per manufacturer. Two other manufacturers 
provided lower estimates of the costs. They expected to spend $100,000 
to $1 million. However, they stressed that these were guesses and that 
unforeseen problems, such as problems stemming from patents owned by 
others, could increase the costs. After evaluating this conflicting 
information from some manufacturers, it seems likely that the average 
investment in research, development, and retooling would be no more 
than $2 million.
    If, as discussed above, there are 20 manufacturers of multi-purpose 
lighters and research and development costs are as high as $2 million 
per manufacturer, then the total industry-wide research, development, 
and retooling costs will be about $40 million. If these costs are 
amortized over 10 years and sales increase at an annual rate of 1% from 
a base of 21 million units in 1999, then the research, development and 
retooling costs will average about $0.23/unit. For a manufacturer with 
a large market share (i.e., selling several million units annually) the 
cost per unit for research, development and retooling may be 
significantly lower than this. On the other hand, for manufacturers 
with a small market share, such as the manufacturers of high-end 
lighters and micro-torch lighters, the per-unit development costs could 
be substantially greater, because these costs would be amortized over a 
significantly lower production volume. However, the information 
available is insufficient to provide a reliable estimate of the cost 
per unit for the higher-end and micro-torch-type lighters.
    Material and Labor Costs. In addition to the research, development, 
and retooling costs, material and labor costs are likely to increase. 
For example, additional labor will be required to add the child-
resistant mechanism to the

[[Page 71867]]

lighter during assembly. Additional materials may also be needed to 
produce the child-resistant mechanism. While CPSC was unable to get 
reliable estimates, some industry sources indicated that these costs 
would be low, probably less than $0.25 per unit.
    Multi-purpose lighters will also be required to have a label that 
identifies the manufacturer and the approximate date of manufacture. 
However, virtually all products are already labeled in some way. Since 
the requirement in the rule allows substantial flexibility to the 
manufacturer for things such as color, size, and location, this 
requirement is not expected to increase the costs significantly.
    Certification and Testing Costs. Certification and testing costs 
include the costs of producing the surrogates needed in the testing, 
conducting the child-panel tests, and issuing and maintaining records 
for each model. These costs could average $25,000 per model. However, 
the cost for any individual firm may be different. The cost for 
conducting child-panel tests for one model could be substantially lower 
if only one panel is required. The cost could be higher if the 
manufacturer must use a second panel or redesign a model that failed 
the initial test. The cost of designing surrogates could range from 
virtually nothing (if the production lighter has an audible signal, 
such as a click, that occurs when it has been operated successfully) to 
several thousand dollars (if surrogates must be designed and built).
    These costs are incurred only once, and would therefore, be 
amortized over the entire production of the model. Based upon the 
estimates described above, the amortized certification and testing 
costs are expected to average less than one cent per unit. However, for 
models with small market shares, the cost per unit for certification 
and testing may be higher.
    Administrative Costs. There may be some additional and ongoing 
administrative expenses associated with compliance and related 
activities. While these expenses are difficult to quantify, they are 
expected to be slight and have little impact on the unit costs.
    Multi-purpose lighters are sold in countries other than the United 
States. Some manufacturers may develop lighters that meet the 
requirements of the rule for distribution in the United States, but may 
continue to distribute the current, non-child-resistant models in other 
countries. Thus, some manufacturers may incur the incremental costs 
associated with producing multiple lines of similar products. These 
costs could include extra administrative costs required to maintain 
different lines and the incremental costs of producing different lines 
of similar products, such as using different molds or different 
assembly steps. These costs would be mitigated if other countries 
adopted similar standards.
    Total Manufacturing Costs. The rule will likely increase the total 
cost of manufacturing multi-purpose lighters by about $0.48 per unit. 
This estimate is in the $0.25 to $0.75 per unit range provided by the 
Lighter Association in response to the ANPR. The low end of the range 
provided by the Lighter Association may be more accurate if the 
additional material and labor costs are significantly less than 
estimated above.
    The increased cost of manufacturing multi-purpose lighters will, 
for the most part, ultimately be borne by consumers. Generally, the 
increased cost of production will be passed on to the consumer in the 
form of higher prices. Assuming a 100% markup over the incremental cost 
to manufacturers (estimated at $0.48/unit) the rule may be expected to 
increase the retail price of multi-purpose lighters by $0.96 per unit. 
However, some manufacturers may be unable to pass all of the 
incremental costs directly to the consumers. This may be especially 
true in the case of the up-front research and development costs. In 
these cases, the costs may be indirectly borne by consumers in such 
forms as generally higher prices on the range of products produced by 
the manufacturer. The retail prices for high-end and micro-torch multi-
purpose lighters will probably increase by more than $0.96 per unit, 
since their costs per unit are greater. However, since the high-end and 
micro-torch lighters comprise such a small portion of the market, this 
should not significantly affect the average cost of producing multi-
purpose lighters.

Net Benefits

    As previously discussed, the rule is expected to produce a gross 
societal benefit of $1.82 per lighter and to increase the cost to 
consumers by about $0.96 per unit. Therefore, the expected net benefit 
of the rule is $0.86 per multi-purpose lighter sold ($1.82--$0.96). 
Since annual sales of multi-purpose lighters exceed 20 million units, 
the rule should result in net societal benefits of at least $17.2 
million annually ($0.86  x  20 million = $17.2 million). As discussed 
previously, the actual net benefits may differ from the estimates if 
some of the assumptions used in computing the estimates prove 
inaccurate.

Other Impacts of the Rule

    Stockpiling. The rule contains anti-stockpiling provisions, 
authorized by section 9(g)(2) of the CPSA, to prohibit excessive 
production or importation of noncomplying lighters during the 12-month 
period between the publication date and the effective date of the rule. 
The provision would limit the production or importation of noncomplying 
products to 120% of the amount produced or imported in the most recent 
calendar year before the issuance of the final rule.
    While the anti-stockpiling provision should have little impact on 
the market as a whole, it may adversely impact any small importers or 
manufacturers that were just entering the market. Such firms may have 
had low sales volume in their first year or two of operation, and thus 
their base volume would be low. In the absence of the anti-stockpiling 
provisions, they may have been able to increase their sales volume by a 
greater proportion than would be allowed under the anti-stockpiling 
provision. There is no limit on the number of child-resistant multi-
purpose lighters that may be imported, manufactured, or sold during 
this period.

Effects on Competition and International Trade

    The rule is not likely to have a significant adverse impact on 
competition. Scripto-Tokai Corporation introduced multi-purpose 
lighters in 1985 and for many years maintained a market share of 90% or 
more. Although Scripto-Tokai is still the dominant manufacturer, its 
market share has dropped in the face of increased competition from 
other manufacturers and importers. BIC has already introduced a multi-
purpose lighter that meets the requirements of the rule. Moreover, the 
Commission is aware of several other manufacturers, including some 
small firms that are actively developing child-resistant multi-purpose 
lighters. These multi-purpose lighters are expected to be on the market 
by the time the rule becomes effective.

Impact on Small Business

    CPSC has identified about 40 manufacturers, importers, and private 
labelers of multi-purpose lighters. Although the dominant firms are not 
small, a significant number of the remaining firms are considered to be 
small businesses according to guidelines established by the Small 
Business Administration (SBA). The rule may have a significant impact 
on some of the small firms.
    The small businesses that are most likely to be impacted by the 
rule are

[[Page 71868]]

those that market multi-purpose lighters to which they have proprietary 
or exclusive rights. These firms will likely have to bear the up-front 
costs of developing the child-resistant features, as well as the 
retooling and certification costs. As noted, these costs could exceed 
$100,000 even if few problems are encountered. If problems are 
encountered (e.g., designs that infringe upon patents held by others or 
initial designs that fail the certification tests) the costs could 
exceed $2 million.
    Of the small firms known to the Commission, seven have proprietary 
or exclusive rights to particular multi-purpose lighter models. Some of 
these firms are actively developing child-resistant models, and one is 
already marketing a multi-purpose lighter that it believes to be child-
resistant (although it has not been tested). Thus the added burden is 
not insurmountable by small firms. However, some small firms may decide 
that the added costs are too great and cease marketing their 
proprietary designs. Other small businesses that currently market 
multi-purpose lighters and micro-torches do not have proprietary or 
exclusive rights to any multi-purpose lighter model. These companies 
either import or privately label lighters produced by other firms. In 
these cases, the manufacturer or firm that actually owns the design 
will likely bear most of the research, development, retooling, and 
certification costs. Since these manufacturers often supply product to 
more than one importer or private labeler, the costs are likely spread 
over a higher production volume. Moreover, multi-purpose lighters 
usually account for only a small percentage of many of the importers' 
and private labelers' sales. Therefore, even if a small importer or 
private labeler stopped importing or distributing multi-purpose 
lighters, it is not likely to suffer a significant adverse effect if 
multi-purpose lighters accounted for a small percentage of its total 
sales.
    Although there will be adverse effects on some small businesses, 
these effects are justified by the greater safety benefits expected 
from the rule.

Impact on Utility to the Consumer

    The rule may reduce the utility that consumers receive from multi-
purpose lighters if child-resistant multi-purpose lighters are more 
difficult to operate than are non-child-resistant models. This could 
result in some consumers switching to substitute products, such as 
cigarette lighters or matches. However, as was the case with child-
resistant cigarette lighters, manufacturers are likely to develop 
child-resistant multi-purpose lighters that are at most only slightly 
more difficult for adults to operate than are non-child-resistant 
lighters. Therefore, the number of consumers who stop using multi-
purpose lighters because of the child-resistant mechanisms is expected 
to be small. Moreover, even if some consumers do switch to other 
products, the risk of fire is not expected to increase significantly. 
Most cigarette lighters must already meet the same child-resistance 
standard that multi-purpose lighters will have to meet. Although 
consumers that switch to matches (as opposed to using child-resistant 
cigarette or multi-purpose lighters) may increase the risk of child-
play fires from matches somewhat, matches are inherently more child-
resistant than non-child-resistant multi-purpose lighters. Thus, even 
if some consumers did switch to using matches, the risk of child-play 
fires would still likely be less than if they continued to use non-
child-resistant multi-purpose lighters.
    Some manufacturers of micro-torches may respond to the rule by no 
longer offering micro-torches that have internal ignition mechanisms. 
The consumer would, therefore, have to use an external ignition source 
to light the torch. Although this option could decrease manufacturing 
costs, it could reduce the convenience and utility of the micro-
torches. Consumers will have to provide external ignition sources, such 
as matches, to ignite the torches. It will also take more time to 
ignite such a torch, since both hands will be required and the worker 
or consumer will have to put down what they were working with to pick 
up the ignition source.

Alternatives Considered to the Rule

    The Commission considered several possible alternatives to the 
rule. These alternatives included (1) not taking any action and relying 
on voluntary efforts, (2) issuing labeling requirements instead of 
performance requirements, and (3) narrowing the scope of the rule. The 
Commission also considered different effective dates and some 
alternatives aimed at reducing the burden on certain small businesses.
    No Action/Rely on Voluntary Efforts. The Commission considered the 
impact of taking no action to reduce the occurrence of fires started by 
children playing with multi-purpose lighters. If no mandatory rule is 
issued, some manufacturers may still introduce child-resistant multi-
purpose lighters. While these manufacturers can emphasize the safety of 
their product, they would be at a competitive price disadvantage 
compared to manufacturers who continued to sell non-child-resistant 
lighters. This would result in a lower level of benefits than would be 
obtained with the rule.
    Although the portion of the market that would be captured by 
manufacturers of child-resistant lighters is not known, it is 
reasonable to assume it would be substantially less than 100%. Thus, 
the benefits to society of taking no action or relying on voluntary 
efforts would be lower than they would be under a mandatory rule.
    Currently, there is no voluntary standard for child-resistant 
multi-purpose lighters, and no apparent industry interest in adopting 
one. The Commission potentially could work with appropriate standards-
setting organizations to try to develop such a standard, but it is not 
clear that an acceptable voluntary standard could be developed with 
sufficient speed, or that conformance would be adequate.

Labeling Requirements

    The Commission considered the impact of not issuing a performance 
standard, but to instead require additional warning labels on multi-
purpose lighters. However, the FHSA already requires multi-purpose 
lighters to be labeled ``Keep out of reach of children.'' The 
effectiveness of additional labeling would be low.

Narrowing the Scope

    The Commission considered the impact of exempting the more 
expensive multi-purpose lighters from the rule. This would have been 
analogous to the exemption in the cigarette lighter standard for the 
more expensive non-novelty cigarette lighters. In that case, however, 
there was little evidence of involvement of those expensive lighters in 
child-play fires.
    There are 3 firms that are known to market high-end multi-purpose 
lighters; all 3 of these firms have fewer than 100 employees and are 
considered to be small businesses. (One firm claims that its multi-
purpose lighter has features that should make it child-resistant.) Of 
the 6 firms that are known to distribute micro-torches, 3 have fewer 
than 100 employees and are considered to be small businesses.
    For the reasons given in the response to comments on the proposal, 
Section E of this notice, the Commission believes that the more 
expensive multi-purpose lighters are as likely to be involved in child-
play fires as are the less expensive models and should not be excluded.
    The Commission also considered the impact of excluding micro-
torches from the rule. As noted, the Commission

[[Page 71869]]

received several comments from the lighter industry, in response to the 
NPR, encouraging the Commission to exclude micro-torches. For the 
reasons given in the response to comments in Section E of this notice, 
the Commission believes that micro-torches will be stored around the 
home in the same way that multi-purpose lighters are. Therefore, they 
will be accessible to small children and should not be excluded from 
the standard.
    The Commission is aware of one incident involving a fire started by 
a child under the age of 5 with a micro-torch-type lighter. The lighter 
was being used to light the pilot light of a gas furnace, a use more 
characteristic of multi-purpose lighters than of torches. However, 
micro-torch lighters represent only a small portion of the multi-
purpose lighters in use. Micro-torches probably account for 
significantly less than 5% of sales of multi-purpose lighters. 
Therefore, the lack of other incidents involving micro-torches may be 
related to the low number of these products in use.

Alternatives To Reduce the Burden on Small Businesses

    The Commission considered several exemptions or special provisions 
to reduce the regulatory burden on certain small businesses. These 
provisions would have applied only to businesses that met the SBA 
definition of a small business and were not owned by or a subsidiary of 
a larger company, unless the combined employment would still meet the 
SBA criteria.
    Alternative Effective Date. The Commission considered establishing 
an effective date of more than the proposed 12 months after the date of 
publication of the final rule in the Federal Register, for some small 
manufacturers. The intent of such an extension would be to reduce the 
burden of the rule on small firms by giving them extra time to develop 
child-resistant lighters and bring them to market. However, for the 
reasons given in Section E of this notice, the Commission decided that 
an effective date exceeding 1 year from the rule's publication was not 
in the public interest.
    Exemption from testing. The Commission considered exempting some 
small businesses from the requirement to conduct the child-panel 
certification tests, if the firm had a reasonable basis to believe that 
the multi-purpose lighter would pass the tests if they were conducted. 
However, the Commission concluded that conducting these tests is 
necessary to ensure that the lighter is child-resistant. The actual 
child-panel tests are a small part of the entire cost of designing and 
bringing a child-resistant lighter to market. Although the average cost 
of this testing per model may be about $25,000, the costs may vary 
among firms. On the low end, the costs may be as low as $10,000 if 
surrogates do not have to be designed, only one panel of children is 
required, and the company can conduct much of the testing internally. 
On the other hand, the costs could exceed $40,000 if the company has to 
design surrogates, use more than one child-panel for the tests or has 
to redesign the lighter because it fails the test. If a manufacturer is 
confident that its design is child-resistant, it should also be 
confident that the cost of the certification testing will be on the low 
side of the estimated range of costs. Furthermore, the testing is a 
one-time cost. Once a design passes the qualification test, it does not 
have to be tested again for child-resistance.
    If certain small firms were exempted from the testing, and one of 
their models was later found not to be child-resistant, the cost to the 
manufacturer of a recall could exceed the cost of the testing. 
Moreover, if an exemption from testing were granted and a lighter model 
were in fact not child-resistant, it could lead to hundreds of 
thousands, or even millions, of non-child-resistant multi-purpose 
lighters being introduced into commerce. Just one additional child-play 
fire incident associated with such a lighter could result in societal 
costs that greatly exceed the cost of the certification testing. 
Therefore, the Commission does not believe that it is in the public 
interest to exempt small firms from the testing requirements of the 
rule.

I. Final Regulatory Flexibility Analysis

    When an agency undertakes a rulemaking proceeding, the Regulatory 
Flexibility Act (RFA), 5 U.S.C. 601 et seq., generally requires the 
agency to prepare initial and final regulatory flexibility analyses 
describing the impact of the rule on small businesses and other small 
entities. The purpose of the RFA, as stated in Sec. 2(b) (5 U.S.C. 602 
note), is to require agencies, consistent with their objectives, to fit 
the requirements of regulations to the scale of the businesses, 
organizations, and governmental jurisdictions subject to the 
regulations.4 The Commission's initial regulatory 
flexibility analysis (IRFA) was published with the proposed rule.
---------------------------------------------------------------------------

    \4\ The Regulatory Flexibility Act provides that an agency is 
not required to prepare a regulatory flexibility analysis if the 
head of the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small 
entities. 5 U.S.C. 605.
---------------------------------------------------------------------------

    The final regulatory flexibility analysis (FRFA) is to contain:
    (1) A succinct statement of the need for, and objectives of, the 
rule;
    (2) A summary of the significant issues raised by public comments 
in response to the initial regulatory flexibility analysis, a summary 
of the assessment of the agency of such issues, and a statement of any 
changes made in the proposed rule as a result of such comments;
    (3) A description of, and an estimate of the number of, the small 
entities to which the rule will apply or an explanation of why no such 
estimate is available;
    (4) A description of the projected reporting, recordkeeping, and 
other compliance requirements of the rule, including an estimate of the 
classes of small entities that will be subject to the requirement and a 
description of the type of professional skills necessary for 
preparation of the report or record; and
    (5) A description of the steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the final rule and why each one of the other significant 
alternatives to the rule considered by the agency which affect the 
impact on small entities was rejected.

The Need for and Objectives of the Rule

    The rule addresses the risk of death and injury from residential 
fires started by young children under the age of 5 playing with multi-
purpose lighters. Since 1988, the Commission has identified 237 fires 
that were started by children under age 5 who were playing with multi-
purpose lighters. These fires resulted in a total of 45 deaths and 103 
injuries. Because these are only the incidents known to the CPSC, the 
actual numbers may be higher. The societal cost of these fires is about 
$48.6 million annually. Requiring that multi-purpose lighters be child-
resistant, as defined in the rule, will significantly reduce the number 
of fires started by children under the age of 5.

Firms Subject to the Rule

    The rule covers manufacturers, importers, private labelers, 
distributors, and retailers of multi-purpose lighters, including micro-
torches, intended for sale to consumers. All firms that manufacture or 
import multi-purpose lighters will have to certify that their

[[Page 71870]]

multi-purpose lighters are child-resistant. These firms will also be 
subject to the reporting and recordkeeping requirements in the rule.
    The number of firms that manufacture, import, or privately label 
these lighters is increasing. While about 40 firms have been 
identified, there may be other companies that have not been identified. 
Except for two manufacturers (one large and one small), all firms are 
believed to be importers rather than domestic manufacturers. Several of 
the importers are subsidiaries of larger firms or foreign 
manufacturers. Although the dominant firms are not small, as many as 20 
of the remaining firms may be considered to be small businesses 
according to the SBA.
    The small businesses that are most likely to be substantially 
impacted by the rule are those that have proprietary or exclusive 
rights to specific multi-purpose lighter models. These firms will 
likely have to bear the up-front costs of developing the child-
resistant features, retooling, and certification. These costs could 
exceed $100,000, even if few problems are encountered. The costs could 
be as high as $2 million if problems are encountered, such as designs 
that infringe upon patents held by others or initial designs that fail 
the certification tests.
    Of the small firms known to the Commission, seven are believed to 
have proprietary or exclusive rights to particular multi-purpose 
lighter models. Some of these firms are actively working on developing 
child-resistant models. One is already marketing a multi-purpose 
lighter that it believes to be child-resistant, although it has not 
been certified in accordance with the requirements of the rule. Thus, 
although the rule will impose costs on small firms, this burden is not 
insurmountable, and some small firms with proprietary designs should be 
able to compete successfully after the rule goes into effect. However, 
some firms may decide that the added costs are too great and cease 
marketing their proprietary non-child-resistant designs.
    Many of the small businesses that market multi-purpose lighters and 
micro-torches do not have proprietary or exclusive rights to any multi-
purpose lighter model. These companies either import or privately label 
lighters produced by other firms. The impact on these companies is not 
likely to be significant. The manufacturers or firms that actually own 
the designs will likely bear most of the research, development, 
retooling, and certification costs. Since these manufacturers often 
supply product to more than one importer or private labeler, the costs 
are likely to be spread over a higher production volume. Furthermore, 
even if a small importer or private labeler stopped importing or 
distributing multi-purpose lighters, it is not likely to suffer a 
significant adverse effect if multi-purpose lighters account for a 
small percentage of its total sales, as is thought to be the case with 
many of the importers.
    Some small importers may experience some disruption in their supply 
of multi-purpose lighters if some of the foreign suppliers opt not to 
develop child-resistant multi-purpose lighters. However, the 12-month 
period between the publication of the final rule and its effective date 
should allow time for most importers to take action to ensure that they 
have a source for child-resistant multi-purpose lighters.

Issues Raised by the Public Comments on the IRFA

    Several issues were raised in the public comments on issues 
relating to the IRFA. These issues include: the proposed requirement 
for multiple operations, money for legal counsel and testing, that CPSC 
should mandate a specific design, that the effective date should be 
longer, that the cost of certification testing is excessive, and 
alternatives to be considered to the proposed rule. The Commission's 
responses to these comments are given in Section E of this notice.

Reporting and Recordkeeping Requirements

    All manufacturers and importers of multi-purpose lighters will be 
required to keep certain records regarding the certification testing 
and production (quality control) testing of their multi-purpose 
lighters. The preparation of the records should not require any skills 
that would not typically be possessed by or available to a manufacturer 
or importer. For example, the production testing is very similar to the 
quality control testing that most manufacturers undertake routinely. 
There are also independent quality control and engineering laboratories 
and other professional consultants with which firms can contract for 
these services.
    In order to perform the certification tests, the manufacturers will 
have to supply at least 6 empty surrogates. Most manufacturers will 
probably be able to use empty production lighters for the surrogates 
(if the lighter makes an audible ``click'' when the ignition mechanism 
is operated properly). Other manufacturers may have to develop 
surrogates for use in the certification tests that produce an audible 
or visual signal when the ignition mechanism is successfully operated. 
This may involve technical knowledge of miniature electronics that some 
small firms may not have in-house. However, there are independent 
engineering firms with this expertise with which small firms may 
contract.
    Conducting the certification tests and preparing the supporting 
documentation does not require any special technical skill or extensive 
training. Manufacturers could conduct the conformance tests with in-
house personnel, but it is likely that many will employ private 
consulting or testing services. The records of the testing would likely 
be compiled by the firm conducting the testing and maintained by the 
manufacturer or importer. Manufacturers or importers would keep copies 
of other reports or certification records.
    The rule also allows importers to rely on testing by or for a 
foreign manufacturer to support the rule's certification and reporting 
requirements, provided that the records (1) are in English, (2) are 
complete, (3) can be provided to the Commission within a reasonable 
time, if requested, and (4) provide reasonable assurance the multi-
purpose lighters are child-resistant. This provision may reduce the 
testing burden on some small importers (indeed, on any importer), to 
the extent manufacturers supply lighters to more than one importer.
    At least 30 days before it first imports or distributes a multi-
purpose lighter model, the manufacturer or importer must provide 
written notice to the CPSC. Among other things, this report is to 
include basic identifying information as to the manufacturer or 
importer, a description of the lighter model and its child-resistance 
features, a description and summary of the certification testing, and 
the location where the other required records will be kept. The 
manufacturer or importer must also supply the CPSC with a prototype or 
production unit of the lighter model.
    The reporting requirements of the rule are necessary for the CPSC 
to monitor compliance. The Commission is not aware of any method by 
which the reporting burden on small businesses could be reduced while 
still accomplishing the purpose of the rule. The estimated reporting 
burden, however, is low--less than 100 hours per model in the initial 
production year (including the certification testing) and significantly 
less than this in subsequent years.
    Assuming that approximately 20 manufacturers, with 1 to 2 models 
each, introduce child-resistant multi-purpose lighters during the first 
year after the

[[Page 71871]]

publication of the final rule, the total paperwork and reporting burden 
for all manufacturers will be 2,000 to 4,000 hours. In subsequent 
years, the total paperwork and reporting burdens should be 
significantly less. For example, if three new models are introduced 
annually, the total burden will be approximately 300 hours.

Other Alternatives Considered

    The Commission considered four basic alternatives to certain 
elements of the rule. Specifically, the Commission considered (1) 
narrowing the scope to exclude high-end and/or micro-torch multi-
purpose lighters, (2) requiring only additional labeling, (3) taking no 
action and relying on voluntary efforts, and (4) alternative effective 
dates. These alternatives were rejected for the reasons given in the 
Commission's Regulatory Analysis in Section H of this notice.

Summary and Conclusions

    The rule will affect all manufacturers and importers of multi-
purpose lighters, including a number of manufacturers and importers 
that are small businesses. The small firms that import or manufacture 
multi-purpose lighters will be impacted by the rule's performance, 
certification, recordkeeping, and reporting requirements. The higher 
costs of manufacturing child-resistant lighters that their suppliers 
incur will likely be passed on to these firms as well. Some of the 
firms may have temporary disruptions in their supply of multi-purpose 
lighters because of the rule. However, it is unlikely that any of these 
effects would be significant.
    In addition to the small importers, there are a few small firms 
that manufacture their own multi-purpose lighters or have their own 
proprietary designs manufactured for them. The rule may have a more 
significant impact on these firms since they will likely bear most of 
the cost of developing and certifying the child-resistant mechanisms 
for their multi-purpose lighters.
    The Commission considered some alternatives to the rule that might 
have reduced the burden on small manufacturers. However, these 
alternatives were rejected since the level of safety that would be 
achieved was lower under these alternatives than under the rule. These 
alternatives included taking no action, requiring additional labeling 
only, exempting the high-end multi-purpose lighters from the scope of 
the rule, and extending the effective date.

J. Effects on the Elderly and Handicapped

    Section 9(e) of the CPSA requires that, in promulgating a consumer 
product safety rule, ``the Commission shall also consider and take into 
account the special needs of elderly and handicapped persons to 
determine the extent to which such persons may be adversely affected by 
such rule.'' 15 U.S.C. 2058(e). The following discussion examines the 
potential effect of the rule on elderly and handicapped persons.
    The rule is unlikely to have a significant impact on the elderly or 
handicapped who can operate non-child-resistant multi-purpose lighters. 
The lighter industry now has several years experience in the design of 
child-resistant mechanisms for cigarette lighters, and it is reasonable 
to expect that this experience will be applied to child-resistant 
devices for multi-purpose lighters. Early designs for cigarette 
lighters were somewhat cumbersome and often inconvenient to use, 
leading to customer complaints and to intentional defeat of some types 
of child-resistant mechanisms by some persons. Since the Safety 
Standard for Cigarette Lighters became effective, child-resistant 
mechanisms have evolved. Although some types are less than ideal, 
others are transparent, or nearly so, to the user.
    Current multi-purpose lighters typically are operated by a trigger 
(operated with the forefinger) or a button (operated with the thumb), 
and are easy to use with one hand. Child-resistant versions of these 
lighters will probably require some additional action or force, and 
thus may be at least somewhat more complex or less convenient to 
operate than non-child-resistant lighters. However, because ease of use 
is critical to consumer acceptance, it is likely that multi-purpose 
lighters will continue to be operable with one hand, and that the 
child-resistant devices will not be overly difficult to use.
    The staff reviewed three child-resistant multi-purpose lighter 
designs. The child-resistant device on each product is a latch that 
blocks the operating mechanism. Two have trigger-style operating 
mechanisms. These have devices built into the top side of the handle, 
in line with the expected placement of the user's thumb. One trigger-
style lighter requires that the user apply a force of 1.25 kg or 2.75 
kg (depending on placement) with the thumb to unlatch the operating 
mechanism. This requires both knowledge of how the device works and a 
level of strength below the average for a tested sample of subjects 
aged 60 to 89 years of age for a similar task (Imrhan, 1989). The other 
requires the user to first slide a button backward (toward the palm) 
approximately \1/8\ inch before pulling the trigger. The latter 
requires only knowledge, because the action of sliding the button 
backwards is counter to the normal motion when holding and operating 
the lighter, but requires only nominal force and dexterity.
    The third lighter has a slide-button operating mechanism positioned 
on the top of the handle. It requires that a second slide latch on the 
reverse side of the handle be pushed sideways before the lighter can be 
operated. Although simple in principle, this third lighter does not fit 
the user's hand, and requires coordination to operate. Provided clear 
instructions are included on the packaging, the first two types should 
be usable by handicapped and elderly persons who can operate current 
non-child-resistant lighters. The third is likely to be difficult for 
users in general. Competitive forces should ensure that elderly and 
handicapped consumers will find one or more products they are able to 
use.

K. Paperwork Reduction Act

    As explained above, the standard and the certification provisions 
will require manufacturers and importers of multi-purpose lighters to 
test surrogate and production lighters, maintain records, and report 
data to the Commission relating to the multi-purpose lighters that they 
produce or import. For this reason, the rule published below contains 
``collection of information requirements,'' as that term is used in the 
Paperwork Reduction Act, 44 U.S.C. 3501-3520. Therefore, the proposed 
rule was submitted to the Office of Management and Budget (OMB) in 
accordance with 44 U.S.C. 3507(d) and implementing regulations codified 
at 5 CFR 1320.11.
    Based on estimates made in the course of developing the cigarette 
lighter standard and on information obtained from industry sources, the 
Commission estimates that complying with the testing, recordkeeping, 
and reporting requirements of the rule will require approximately 100 
hours per model for the first year, and substantially less in 
subsequent years. The time required for testing is expected to average 
about 80 hours per model. The time required for recordkeeping and 
reporting is expected to be about 10 hours for each model per year. The 
exact number of manufacturers and importers is not known. However, the 
number of manufacturers and importers

[[Page 71872]]

appears to be increasing. Currently, the Commission believes that there 
may be as many as 40 different models of multi-purpose lighters on the 
market. With a few exceptions, most manufacturers and importers have 
only one model. Therefore, the total amount of time that will be 
required for complying with the testing, recordkeeping, and reporting 
requirements of the rule is approximately 4,000 hours in its initial 
year or so, and substantially less in later years.

L. Executive Orders

    This rule has been evaluated in accordance with Executive Order No. 
13,132, and the rule has no substantial federalism implications.
    Executive Order No. 12,988 requires agencies to state the 
preemptive effect, if any, to be given to the regulation. The 
preemptive effect of this rule is established by 15 U.S.C. 2075(a), 
which states:

    (a) Whenever a consumer product safety standard under the CPSA 
applies to a risk of injury associated with a consumer product, no 
State or political subdivision of a State shall have any authority 
either to establish or continue in effect any provision of a safety 
standard or regulation which prescribed any requirements as to the 
performance, composition, contents, design, finish, construction, 
packaging, or labeling of such products which are designed to deal 
with the same risk of injury associated with such consumer product, 
unless such requirements are identical to the requirements of the 
Federal standard.

    Subsection (b) of 15 U.S.C. 2075 provides a circumstance under 
which subsection (a) does not prevent the Federal Government or the 
government of any State or political subdivision of a State from 
establishing or continuing in effect a safety standard applicable to a 
consumer product for its own [governmental] use, and which is not 
identical to the consumer product safety standard applicable to the 
product under the CPSA. This occurs if the Federal, State, or political 
subdivision requirement provides a higher degree of protection from 
such risk of injury than the consumer product safety standard.
    Subsection (c) of 15 U.S.C. 2075 authorizes a State or a political 
subdivision of a State to request an exemption from the preemptive 
effect of a consumer product safety standard. The Commission may grant 
such a request, by rule, where the standard or regulation of the State 
or political subdivision (1) provides a significantly higher degree of 
protection from such risk of injury than does the consumer product 
safety standard and (2) does not unduly burden interstate commerce.

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.
    For the reasons set out in the preamble, the Commission amends 
Title 16, Chapter II, Subchapter B, of the Code of Federal Regulations 
as set forth below.
    1. A new Part 1212 is added to read as follows:

PART 1212--Safety Standard for Multi-Purpose Lighters

Subpart A--Requirements for Child-Resistance

Sec.
1212.1  Scope and application.
1212.2  Definitions.
1212.3  Requirements for multi-purpose lighters.
1212.4  Test protocol.
1212.5  Findings.

Subpart B--Certification Requirements

Sec.
1212.11  General.
1212.12  Certificate of compliance.
1212.13  Certification tests.
1212.14  Qualification testing.
1212.15  Specifications.
1212.16  Production testing.
1212.17  Recordkeeping and reporting.
1212.18  Refusal of importation.

Subpart C-- Stockpiling

Sec.
1212.20  Stockpiling.

Appendix A to Part 1212--Findings Under the Consumer Product Safety 
Act

Subpart A--Requirements for Child-Resistance

    Authority: 15 U.S.C. 2056, 2058, 2079(d).


Sec. 1212.1  Scope, application, and effective date.

    This part 1212, a consumer product safety standard, prescribes 
requirements for multi-purpose lighters. These requirements are 
intended to make the multi-purpose lighters subject to the standard's 
provisions resistant to successful operation by children younger than 5 
years of age. This standard applies to all multi-purpose lighters, as 
defined in Sec. 1212.2, that are manufactured in the United States, or 
imported, on or after December 22, 2000.


Sec. 1212.2  Definitions.

    As used in this part 1212:
    (a)(1) Multi-purpose lighter, (also known as grill lighter, 
fireplace lighter, utility lighter, micro-torch, or gas match, etc.) 
means: A hand-held, flame-producing product that operates on fuel, 
incorporates an ignition mechanism, and is 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. 
Some multi-purpose lighters have a feature that allows for hands-free 
operation.
    (2) The following products are not multi-purpose lighters:
    (i) Devices intended primarily for igniting cigarettes, cigars, and 
pipes, whether or not such devices are subject to the requirements of 
the Safety Standard for Cigarette Lighters (16 CFR part 1210).
    (ii) Devices containing more than 10 oz. of fuel.
    (iii) Matches.
    (b) Successful operation means one signal of any duration from a 
surrogate multi-purpose lighter within either of the two 5-minute test 
periods specified in Sec. 1212.4(f).
    (c)(1) Surrogate multi-purpose lighter means a device that
    (i) Approximates the appearance, size, shape, and weight of, and is 
identical in all other factors that affect child resistance (including 
operation and the force(s) required for operation), within reasonable 
manufacturing tolerances, to, a multi-purpose lighter intended for use 
by consumers,
    (ii) Has no fuel,
    (iii) Does not produce a flame, and
    (iv) produces an audible, or audible and visual, signal that will 
be clearly discernible when the surrogate multi-purpose lighter is 
activated in each manner that would produce a flame in a fueled 
production multi-purpose lighter.
    (2) This definition does not require a multi-purpose lighter to be 
modified with electronics or the like to produce a signal. 
Manufacturers may use a multi-purpose lighter without fuel as a 
surrogate multi-purpose lighter if a distinct audible signal, such as a 
``click,'' can be heard clearly when the mechanism is operated in each 
manner that would produce a flame in a production lighter and if a 
flame cannot be produced in a production multi-purpose lighter without 
the signal. But see Sec. 1212.4(f)(1).
    (d) Child-resistant mechanism means the mechanism of a multi-
purpose lighter that makes the lighter resist successful operation by 
young children, as specified in Sec. 1212.3.
    (e) Model means one or more multi-purpose lighters from the same 
manufacturer or importer that do not differ in design or other 
characteristics in any manner that may affect child

[[Page 71873]]

resistance. Lighter characteristics that may affect child resistance 
include, but are not limited to, size, shape, case material, and 
ignition mechanism (including child-resistant features).


Sec. 1212.3  Requirements for multi-purpose lighters.

    (a) A multi-purpose lighter subject to this part 1212 shall be 
resistant to successful operation by at least 85% of the child-test 
panel when tested in the manner prescribed by Sec. 1212.4.
    (b) The child-resistant mechanism of a multi-purpose lighter 
subject to this part 1212 must:
    (1) Operate safely when used in a normal and convenient manner,
    (2) Comply with this Sec. 1212.3 for the reasonably expected life 
of the lighter,
    (3) Not be easy to deactivate or prevent from complying with this 
Sec. 1212.3.
    (4) Except as provided in paragraph (b)(5) of this section, 
automatically reset when or before the user lets go of the lighter.
    (5) The child-resistant mechanism of a multi-purpose lighter 
subject to this part 1212 that allows hands-free operation must:
    (i) Require operation of an additional feature (e.g., lock, switch, 
etc.) after a flame is achieved before hands-free operation can occur;
    (ii) Have a manual mechanism for turning off the flame when the 
hands-free function is used; and either
    (iii) Automatically reset when or before the user lets go of the 
lighter when the hands-free function is not used; or
    (iv) Automatically reset when or before the user lets go of the 
lighter after turning off the flame when the hands-free feature is 
used.


Sec. 1212.4  Test protocol.

    (a) Child test panel. (1) The test to determine if a multi-purpose 
lighter is resistant to successful operation by children uses a panel 
of children to test a surrogate multi-purpose lighter representing the 
production multi-purpose lighter. Written informed consent shall be 
obtained from a parent or legal guardian of a child before the child 
participates in the test.
    (2) The test shall be conducted using at least one, but no more 
than two, 100-child test panels in accordance with the provisions of 
Sec. 1212.4(f).
    (3) The children for the test panel shall live within the United 
States.
    (4) The age and sex distribution of each 100-child panel shall be:
    (i) 30  2 children (20  1 males; 10 
 1 females) 42 through 44 months old;
    (ii) 40  2 children (26  1 males; 14 
 1 females) 45 through 48 months old;
    (iii) 30  2 children (20  1 males; 10 
 1 females) 49 through 51 months old.

    Note to paragraph (a)(4): To calculate a child's age in months: 
Subtract the child's birth date from the test date. The following 
calculation shows how to determine the age of the child at the time 
of the test. Both dates are expressed numerically as Month-Day-Year.
    Example: Test Date (e.g., 8/3/94) minus Birth Date--(e.g., 6/23/
90). Subtract the number for the year of birth from the number for 
the year of the test (i.e., 94 minus 90 = 4). Multiply the 
difference in years by 12 months (i.e., 4 years  x  12 months = 48 
months). Subtract the number for the month of the birth date from 
the number of the month of the test date (i.e., 8 minus 6 = 2 
months). Add the difference in months obtained above to the number 
of months represented by the difference in years described above (48 
months + 2 months = 50 months). If the difference in days is greater 
than 15 (e.g., 16, 17 . . .), add 1 month. If the difference in days 
is less than -15 (e.g., -16, -17), subtract 1 month (e.g., 50 
months-1 month = 49 months). If the difference in days is between 
-15 and 15 (e.g., -15, -14, . . . 14, 15), do not add or subtract a 
month.

    (5) No child with a permanent or temporary illness, injury, or 
handicap that would interfere with the child's ability to operate the 
surrogate multi-purpose lighter shall participate.
    (6) Two children at a time shall participate in testing of 
surrogate multi-purpose lighters. Extra children whose results will not 
be counted in the test may be used if necessary to provide the required 
partner for test subjects, if the extra children are within the 
required age range and a parent or guardian of each such child has 
signed a consent form.
    (7) No child shall participate in more than one test panel or test 
more than one surrogate multi-purpose lighter. No child shall 
participate in both surrogate multi-purpose lighter testing and either 
surrogate cigarette lighter testing or child-resistant package testing 
on the same day.
    (b) Test sites, environment, and adult testers. (1) Surrogate 
multi-purpose lighters shall be tested within the United States at 5 or 
more test sites throughout the geographical area for each 100-child 
panel if the sites are the customary nursery schools or day care 
centers of the participating children. No more than 20 children shall 
be tested at each site. In the alternative, surrogate multi-purpose 
lighters may be tested within the United States at one or more central 
locations, provided the participating children are drawn from a variety 
of geographical locations.
    (2) Testing of surrogate multi-purpose lighters shall be conducted 
in a room that is familiar to the children on the test panel (for 
example, a room the children frequent at their customary nursery school 
or day care center). If the testing is conducted in a room that 
initially is unfamiliar to the children (for example, a room at a 
central location), the tester shall allow at least 5 minutes for the 
children to become accustomed to the new environment before starting 
the test. The area in which the testing is conducted shall be well-
lighted and isolated from distractions. The children shall be allowed 
freedom of movement to work with their surrogate multi-purpose 
lighters, as long as the tester can watch both children at the same 
time. Two children at a time shall participate in testing of surrogate 
multi-purpose lighters. The children shall be seated side by side in 
chairs approximately 6 inches apart, across a table from the tester. 
The table shall be normal table height for the children, so that they 
can sit up at the table with their legs underneath and so that their 
arms will be at a comfortable height when on top of the table. The 
children's chairs shall be ``child size.''
    (3) Each tester shall be at least 18 years old. Five or 6 adult 
testers shall be used for each 100-child test panel. Each tester shall 
test an approximately equal number of children from the 100-child test 
panel (20  2 children each for 5 testers and 17 
 2 children each for 6 testers).
    Note: When a test is initiated with five testers and one tester 
drops out, a sixth tester may be added to complete the testing. When 
a test is initiated with six testers and one tester drops out, the 
test shall be completed using the five remaining testers. When a 
tester drops out, the requirement for each tester to test an 
approximately equal number of children does not apply to that 
tester. When testing is initiated with five testers, no tester shall 
test more than 19 children until it is certain that the test can be 
completed with five testers.

    (c) Surrogate multi-purpose lighters. (1) Six surrogate multi-
purpose lighters shall be used for each 100-child panel. The six multi-
purpose lighters shall represent the range of forces required for 
operation of multi-purpose lighters intended for use. All of these 
surrogate multi-purpose lighters shall have the same visual appearance, 
including color. The surrogate multi-purpose lighters shall be labeled 
with sequential numbers beginning with the number one. The same six 
surrogate multi-purpose lighters shall be used for the entire 100-child 
panel. The surrogate multi-purpose lighters may be used in more than 
one 100-child panel test. The surrogate multi-purpose lighters shall 
not be damaged or jarred during storage or transportation. The 
surrogate multi-

[[Page 71874]]

purpose lighters shall not be exposed to extreme heat or cold. The 
surrogate multi-purpose lighters shall be tested at room temperature. 
No surrogate multi-purpose lighter shall be left unattended.
    (2) Each surrogate multi-purpose lighter shall be tested by an 
approximately equal number of children in a 100-child test panel (17 
 2 children). Note: If a surrogate multi-purpose lighter is 
permanently damaged, testing shall continue with the remaining multi-
purpose lighters. When a multi-purpose lighter is dropped out, the 
requirement that each multi-purpose lighter be tested by an 
approximately equal number of children does not apply to that lighter.
    (3) Before each 100-child panel is tested, each surrogate multi-
purpose lighter shall be examined to verify that it approximates the 
appearance, size, shape, and weight of a production multi-purpose 
lighter intended for use.
    (4) Before and after each 100-child panel is tested, force 
measurements shall be taken on all operating components that could 
affect child resistance to verify that they are within reasonable 
operating tolerances for the corresponding production multi-purpose 
lighter.
    (5) Before and after testing surrogate multi-purpose lighters with 
each child, each surrogate multi-purpose lighter shall be operated 
outside the presence of any child participating in the test to verify 
that it produces a signal. If the surrogate multi-purpose lighter will 
not produce a signal before the test, it shall be repaired before it is 
used in testing. If the surrogate multi-purpose lighter does not 
produce a signal when it is operated after the test, the results for 
the preceding test with that multi-purpose lighter shall be eliminated. 
An explanation shall be recorded on the data collection record. The 
multi-purpose lighter shall be repaired and tested with another 
eligible child (as one of a pair of children) to complete the test 
panel.
    (d) Encouragement. (1) Prior to the test, the tester shall talk to 
the children in a normal and friendly tone to make them feel at ease 
and to gain their confidence.
    (2) The tester shall tell the children that he or she needs their 
help for a special job. The children shall not be promised a reward of 
any kind for participating, and shall not be told that the test is a 
game or contest or that it is fun.
    (3) The tester shall not discourage a child from attempting to 
operate the surrogate multi-purpose lighter at any time (either 
verbally or with body language such as facial expressions), unless a 
child is in danger of hurting himself or another child. The tester 
shall not discuss the dangers of multi-purpose lighters or matches with 
the children to be tested prior to the end of the 10-minute test.
    (4) Whenever a child has stopped attempting to operate the 
surrogate multi-purpose lighter for a period of approximately one 
minute, the tester shall encourage the child to try by saying ``keep 
trying for just a little longer.''
    (5) Whenever a child says that his or her parent, grandparent, 
guardian, etc., said never to touch lighters, say ``that's right--never 
touch a real lighter--but your [parent, etc.] said it was OK for you to 
try to make a noise with this special lighter because it can't hurt 
you.''
    (6) The children in a pair being tested may encourage each other to 
operate the surrogate multi-purpose lighter and may tell or show each 
other how to operate it. (This interaction is not considered to be 
disruption as described in paragraph (e)(2) of this section.) However, 
neither child shall be allowed to touch or operate the other child's 
multi-purpose lighter. If one child takes the other child's surrogate 
multi-purpose lighter, that surrogate lighter shall be immediately 
returned to the proper child. If this occurs, the tester shall say 
``No. He (she) has to try to do it himself (herself).''
    (e) Children who refuse to participate. (1) If a child becomes 
upset or afraid, and cannot be reassured before the test starts, select 
another eligible child for participation in that pair.
    (2) If a child disrupts the participation of another child for more 
than 1 minute during the test, the test shall be stopped and both 
children eliminated from the results. An explanation shall be recorded 
on the data collection record. These two children should be replaced 
with other eligible children to complete the test panel.
    (3) If a child is not disruptive but refuses to attempt to operate 
the surrogate multi-purpose lighter throughout the entire test period, 
that child shall be eliminated from the test results and an explanation 
shall be recorded on the data collection record. The child shall be 
replaced with another eligible child (as one of a pair of children) to 
complete the test panel.
    (f) Test procedure. (1) To begin the test, the tester shall say ``I 
have a special lighter that will not make a flame. It makes a noise 
like this.'' Except where doing so would block the child's view of a 
visual signal, the adult tester shall place a 8\1/2\ by 11 inch sheet 
of cardboard or other rigid opaque material upright on the table in 
front of the surrogate multi-purpose lighter, so that the surrogate 
multi-purpose lighter cannot be seen by the child, and shall operate 
the surrogate multi-purpose lighter once to produce its signal. The 
tester shall say ``Your parents said it is OK for you to try to make 
that noise with your lighter.'' The tester shall place a surrogate 
multi-purpose lighter in each child's hand and say ``now you try to 
make a noise with your lighter. Keep trying until I tell you to stop.''

    Note: For multi-purpose lighters with an ``off/on'' switch, the 
surrogate lighter shall be given to the child with the switch in the 
``on,'' or unlocked, position.

    (2) The adult tester shall observe the children for 5 minutes to 
determine if either or both of the children can successfully operate 
the surrogate multi-purpose lighter by producing one signal of any 
duration. If a child achieves a spark without defeating the child-
resistant feature, say ``that's a spark--it won't hurt you--try to make 
a noise with your lighter.'' If any child successfully operates the 
surrogate multi-purpose lighter during this first 5-minute period, the 
lighter shall be taken from that child and the child shall not be asked 
to try to operate the lighter again. The tester shall ask the 
successful child to remain until the other child is finished.
    (3) If either or both of the children are unable to successfully 
operate the surrogate multi-purpose lighter during the 5-minute period 
specified in Sec. 1212.4(f) (3), the adult tester shall demonstrate the 
operation of the surrogate multi-purpose lighter. To conduct the 
demonstration, secure the children's full attention by saying ``Okay, 
give me your lighter(s) now.'' Take the surrogate multi-purpose 
lighters and place them on the table in front of you out of the 
children's reach. Then say, ``I'll show you how to make the noise with 
your lighters. First I'll show you with (child's name) lighter and then 
I'll show you with (child's name) lighter.'' Pick up the first child's 
surrogate multi-purpose lighter. Hold the lighter approximately 2 feet 
in front of the children at their eye level. Hold the surrogate multi-
purpose lighter in a comfortable operating position in one hand so both 
children can see the operation of the child-resistant mechanism and the 
ignition mechanism during each demonstration. Say ``now watch the 
lighter.'' Look at each child to verify that they are both looking at 
the lighter. Operate the multi-purpose lighter one time in a normal 
manner according to the manufacturer's instructions. Do not exaggerate 
operating movements. Do not verbally

[[Page 71875]]

describe the lighter's operation. Place the first child's lighter back 
on the table in front of you and pick up the second child's lighter. 
Say, ``Okay, now watch this lighter.'' Repeat the demonstration as 
described above using the second child's multi-purpose lighter.

    Note to paragraph (f)(3): The demonstration is conducted with 
each child's lighter, even if one child has successfully operated 
the lighter. Testers shall conduct the demonstration in a uniform 
manner, including the words spoken to the children, the way the 
multi-purpose lighter is held and operated, and how the tester's 
hand and body is oriented to the children. All testers must be able 
to operate the surrogate multi-purpose lighters using only 
appropriate operating movements in accordance with the 
manufacturer's instructions. If any of these requirements are not 
met during the demonstration for any pair of children, the results 
for that pair of children shall be eliminated from the test. Another 
pair of eligible children shall be used to complete the test panel.

    (4) Each child who fails to successfully operate the surrogate 
multi-purpose lighter in the first 5 minutes is then given another 5 
minutes in which to attempt to complete the successful operation of the 
surrogate multi-purpose lighter. After the demonstrations, give the 
same surrogate multi-purpose lighter back to each child who did not 
successfully operate the surrogate multi-purpose lighter in the first 5 
minutes by placing the multi-purpose lighter in the child's hand. Say 
``Okay, now you try to make the noise with your lighter(s)--keep trying 
until I tell you to stop.'' If any child successfully operates the 
surrogate multi-purpose lighter during this period, the surrogate 
multi-purpose lighter shall be taken from that child and the child 
shall not be asked to try to operate the lighter again. If the other 
child has not yet successfully operated the surrogate multi-purpose 
lighter, the tester shall ask the successful child to remain until the 
other child is finished.

    Note: Multi-purpose lighters with an on/off switch shall have 
the switch returned to the position the child left it at the end of 
the first 5-minute test period before returning the lighter to the 
child.

    (5) At the end of the second 5-minute test period, take the 
surrogate multi-purpose lighter from any child who has not successfully 
operated it.
    (6) After the test is over, ask the children to stand next to you. 
Look at the children's faces and say: ``These are special lighters that 
don't make fire. Real lighters can burn you. Will you both promise me 
that if you find a real lighter you won't touch it and that you'll tell 
a grownup right away?'' Wait for an affirmative response from each 
child; then thank the children for helping.
    (7) Escort the children out of the room used for testing.
    (8) After a child has participated in the testing of a surrogate 
multi-purpose lighter, and on the same day, provide written notice of 
that fact to the child's parent or guardian. This notification may be 
in the form of a letter provided to the school to be given to a parent 
or guardian of each child. The notification shall state that the child 
participated, shall ask the parent or guardian to warn the child not to 
play with lighters or matches, and shall remind the parent or guardian 
to keep all lighters and matches, whether child-resistant or not, out 
of the reach of children. For children who operated the surrogate 
multi-purpose lighter, the notification shall state that the child was 
able to operate the child-resistant multi-purpose lighter. For children 
who do not defeat the child-resistant feature, the notification shall 
state that, although the child did not defeat the child-resistant 
feature, the child may be able to do so in the future.
    (g) Data collection and recording. Except for recording the times 
required for the children to activate the signal, recording of data 
should be avoided while the children are trying to operate the multi-
purpose lighters, so that the tester's full attention is on the 
children during the test period. If actual testing is videotaped, the 
camera shall be stationary and shall be operated remotely in order to 
avoid distracting the children. Any photographs shall be taken after 
actual testing and shall simulate actual test procedure(s) (for 
example, the demonstration). The following data shall be collected and 
recorded for each child in the 100-child test panel:
    (1) Sex (male or female).
    (2) Date of birth (month, day, year).
    (3) Age (in months, to the nearest month).
    (4) The number of the multi-purpose lighter tested by that child.
    (5) Date of participation in the test (month, day, year).
    (6) Location where the test was given (city, state, and the name of 
the site).
    (7) The name of the tester who conducted the test.
    (8) The elapsed time at which the child achieved any operation of 
the surrogate signal in the first 5-minute test period.
    (9) The elapsed time at which the child achieved any operation of 
the surrogate signal in the second 5-minute test period.
    (10) For a single pair of children from each 100-child test panel, 
photograph(s) or video tape to show how the multi-purpose lighter was 
held in the tester's hand, and the orientation of the tester's body and 
hand to the children, during the demonstration.
    (h) Evaluation of test results and acceptance criterion. To 
determine whether a surrogate multi-purpose lighter resists operation 
by at least 85% of the children, sequential panels of 100 children 
each, up to a maximum of 2 panels, shall be tested as prescribed below.
    (1) If no more than 10 children in the first 100-child test panel 
successfully operated the surrogate multi-purpose lighter, the multi-
purpose lighter represented by the surrogate multi-purpose lighter 
shall be considered to be resistant to successful operation by at least 
85% of the child test panel, and no further testing is conducted. If 11 
through 18 children in the first 100-child test panel successfully 
operate the surrogate multi-purpose lighter, the test results are 
inconclusive, and the surrogate multi-purpose lighter shall be tested 
with a second 100-child test panel in accordance with this Sec. 1212.4. 
If 19 or more of the children in the first 100-child test panel 
successfully operated the surrogate multi-purpose lighter, the lighter 
represented by the surrogate shall be considered not resistant to 
successful operation by at least 85% of the child test panel, and no 
further testing is conducted. (2)(i) If additional testing of the 
surrogate multi-purpose lighter is required by paragraph (h)(1) of this 
section, conduct the test specified by this Sec. 1212.4 using a second 
100-child test panel and record the results. If a total of no more than 
30 of the children in the combined first and second 100-child test 
panels successfully operated the surrogate multi-purpose lighter, the 
multi-purpose lighter represented by the surrogate multi-purpose 
lighter shall be considered resistant to successful operation by at 
least 85% of the child test panel, and no further testing is performed. 
If a total of 31 or more children in the combined first and second 100-
child test panels successfully operate the surrogate multi-purpose 
lighter, the multi-purpose lighter represented by the surrogate shall 
be considered not resistant to successful operation by 85% of the child 
test panel, and no further testing is conducted.
    (ii) Thus, for the first panel of 100 children, the surrogate 
passes if there are 0-10 successful operations by the children; the 
surrogate fails if there are 19 or greater successful operations; and 
testing is continued if there are 11-18 successes. If testing is 
continued with a

[[Page 71876]]

second panel of children, the surrogate passes if the combined total of 
the successful operations of the two panels is 30 or less, and it fails 
if there are 31 or more.


Sec. 1212.5  Findings.

    (a) Before issuing a final rule, the Consumer Product Safety Act 
(CPSA), 15 U.S.C. 2058(f)(1), requires the Commission to consider and 
make appropriate findings for inclusion in the rule with respect to:
    (1) The degree and nature of the risk of injury the rule is 
designed to eliminate or reduce;
    (2) The approximate number of consumer products, or types or 
classes thereof, subject to such rule;
    (3) The need of the public for the consumer products subject to 
such rule, and the probable effect of such rule, upon the utility, 
cost, or availability of such products to meet such need; and
    (4) Any means of achieving the objective of the order while 
minimizing adverse effects on competition or disruption or dislocation 
of manufacturing and other commercial practices consistent with the 
public health and safety
    (b) The CPSA, 15 U.S.C. 2058(f)(3), also requires the Commission to 
make the following findings before it promulgates a rule, and to 
include such findings in the rule:
    (1) That the rule (including its effective date) is reasonably 
necessary to eliminate or reduce an unreasonable risk of injury 
associated with such product;
    (2) That the promulgation of the rule is in the public interest;
    (3) That the benefits expected from the rule bear a reasonable 
relationship to its costs; and
    (4) That the rule imposes the least burdensome requirement that 
prevents or adequately reduces the risk of injury for which the rule is 
being promulgated.
    (c) The required findings are included as Appendix A to this part 
1212.

Subpart B--Certification Requirements

    Authority: 15 U.S.C. 2063, 2065(b), 2066(g), 2076(e), 2079(d).

Sec. 1212.11  General.

    Section 14(a) of the Consumer Product Safety Act (CPSA), 15 U.S.C. 
2063(a), requires every manufacturer, private labeler, or importer of a 
product that is subject to a consumer product safety standard and that 
is distributed in commerce to issue a certificate that such product 
conforms to the applicable standard and to base that certificate upon a 
test of each item or upon a reasonable testing program. The purpose of 
this subpart B of part 1212 is to establish requirements that 
manufacturers, importers, and private labelers must follow to certify 
that their products comply with the Safety Standard for Multi-purpose 
lighters. This Subpart B describes the minimum features of a reasonable 
testing program and includes requirements for labeling, recordkeeping, 
and reporting pursuant to sections 14, 16(b), 17(g), and 27(e) of the 
CPSA, 15 U.S.C. 2063, 2065(b), 2066(g), and 2076(e).


Sec. 1212.12  Certificate of compliance.

    (a) General requirements. (1) Manufacturers (including importers). 
Manufacturers of any multi-purpose lighter subject to the standard must 
issue the certificate of compliance required by section 14(a) of the 
CPSA, 15 U.S.C. 2063(a), and this subpart B, based on a reasonable 
testing program or a test of each product, as required by 
Secs. 1212.13, 1212.14, and 1212.16. Manufacturers must also label each 
multi-purpose lighter subject to the standard as required by paragraph 
(c) of this section and keep the records and make the reports required 
by Secs. 1212.15 and 1212.17. For purposes of this requirement, an 
importer of multi-purpose lighters shall be considered the 
``manufacturer.''
    (2) Private labelers. Because private labelers necessarily obtain 
their products from a manufacturer or importer that is already required 
to issue the certificate, private labelers are not required to issue a 
certificate. However, private labelers must ensure that the multi-
purpose lighters are labeled in accordance with paragraph (c) of this 
section and that any certificate of compliance that is supplied with 
each shipping unit of multi-purpose lighters in accordance with 
paragraph (b) of this section is supplied to any distributor or 
retailer who receives the product from the private labeler.
    (3) Testing on behalf of importers. (i) If the required testing has 
been performed by or for a foreign manufacturer of a product, an 
importer may rely on such tests to support the certificate of 
compliance, provided that:
    (A) The importer is a resident of the United States or has a 
resident agent in the United States and
    (B) The records are in English and the records and the surrogate 
multi-purpose lighters tested are kept in the United States and can be 
provided to the Commission within 48 hours (Sec. 1212.17(a)) or, in the 
case of production records, can be provided to the Commission within 7 
calendar days in accordance with Sec. 1212.17(a)(3).
    (ii) The importer is responsible for ensuring that:
    (A) The foreign manufacturer's records show that all testing used 
to support the certificate of compliance has been performed properly 
(Secs. 1212.14-1212.16),
    (B) The records provide a reasonable assurance that all multi-
purpose lighters imported comply with the standard 
(Sec. 1212.13(b)(1)),
    (C) The records exist in English (Sec. 1212.17(a)),
    (D) The importer knows where the required records and multi-purpose 
lighters are located and that records required to be located in the 
United States are located there,
    (E) Arrangements have been made so that any records required to be 
kept in the United States will be provided to the Commission within 48 
hours of a request and any records not kept in the United States will 
be provided to the Commission within 7 calendar days (Sec. 1212.17(a)), 
and
    (F) The information required by Sec. 1212.17(b) to be provided to 
the Commission's Office of Compliance has been provided.
    (b) Certificate of compliance. A certificate of compliance must 
accompany each shipping unit of the product (for example, a case), or 
otherwise be furnished to any distributor or retailer to whom the 
product is sold or delivered by the manufacturer, private labeler, or 
importer. The certificate shall state:
    (1) That the product ``complies with the Consumer Product Safety 
Standard for Multi-purpose lighters (16 CFR part 1212)'',
    (2) The name and address of the manufacturer or importer issuing 
the certificate or of the private labeler, and
    (3) The date(s) of manufacture and, if different from the address 
in paragraph (b)(2) of this section, the address of the place of 
manufacture.
    (c) Labeling. The manufacturer or importer must label each multi-
purpose lighter with the following information, which may be in code.
    (1) An identification of the period of time, not to exceed 31 days, 
during which the multi-purpose lighter was manufactured.
    (2) An identification of the manufacturer of the multi-purpose 
lighter, unless the multi-purpose lighter bears a private label. If the 
multi-purpose lighter bears a private label, it shall bear a code mark 
or other label that will permit the seller of the multi-purpose lighter 
to identify the

[[Page 71877]]

manufacturer to the purchaser upon request.


Sec. 1212.13  Certification tests.

    (a) General. As explained in Sec. 1212.11 of this subpart, 
certificates of compliance required by section 14(a) of the CPSA, 15 
U.S.C. 2063(a), must be based on a reasonable testing program.
    (b) Reasonable testing programs.
    (1) Requirements. (i) A reasonable testing program for multi-
purpose lighters is one that demonstrates with a high degree of 
assurance that all multi-purpose lighters manufactured for sale or 
distributed in commerce will meet the requirements of the standard, 
including the requirements of Sec. 1212.3. Manufacturers and importers 
shall determine the types and frequency of testing for their own 
reasonable testing programs. A reasonable testing program should be 
sufficiently stringent that it will detect any variations in production 
or performance during the production interval that would cause any 
multi-purpose lighters to fail to meet the requirements of the 
standard.
    (ii) All reasonable testing programs shall include: (A) 
Qualification tests, which must be performed on surrogates of each 
model of multi-purpose lighter produced, or to be produced, to 
demonstrate that the product is capable of passing the tests prescribed 
by the standard (see Sec. 1212.14) and
    (B) Production tests, which must be performed during appropriate 
production intervals as long as the product is being manufactured (see 
Sec. 1212.16).
    (iii) Corrective action and/or additional testing must be performed 
whenever certification tests of samples of the product give results 
that do not provide a high degree of assurance that all multi-purpose 
lighters manufactured during the applicable production interval will 
pass the tests of the standard.
    (2) Testing by third parties. At the option of the manufacturer or 
importer, some or all of the testing of each multi-purpose lighter or 
multi-purpose lighter surrogate may be performed by a commercial 
testing laboratory or other third party. However, the manufacturer or 
importer must ensure that all certification testing has been properly 
performed with passing results and that all records of such tests are 
maintained in accordance with Sec. 1212.17 of this subpart.


Sec. 1212.14  Qualification testing.

    (a) Testing. Before any manufacturer or importer of multi-purpose 
lighters distributes multi-purpose lighters in commerce in the United 
States, surrogate multi-purpose lighters of each model shall be tested 
in accordance with Sec. 1212.4 to ensure that all such multi-purpose 
lighters comply with the standard. However, if a manufacturer has 
tested one model of multi-purpose lighter, and then wishes to 
distribute another model of multi-purpose lighter that differs from the 
first model only by differences that would not have an adverse effect 
on child resistance, the second model need not be tested in accordance 
with Sec. 1212.4.
    (b) Product modifications. If any changes are made to a product 
after initial qualification testing that could adversely affect the 
ability of the product to meet the requirements of the standard, 
additional qualification tests must be made on surrogates for the 
changed product before the changed multi-purpose lighters are 
distributed in commerce.
    (c) Requalification. If a manufacturer or importer chooses to 
requalify a multi-purpose lighter design after it has been in 
production, this may be done by following the testing procedures at 
Sec. 1212.4.


Sec. 1212.15  Specifications.

    (a) Requirement. Before any multi-purpose lighters that are subject 
to the standard are distributed in commerce, the manufacturer or 
importer shall ensure that the surrogate multi-purpose lighters used 
for qualification testing under Sec. 1212.14 are described in a written 
product specification. (Section 1212.4(c) requires that six surrogate 
multi-purpose lighters be used for testing each 100-child panel.)
    (b) Contents of specification. The product specification shall 
include the following information:
    (1) A complete description of the multi-purpose lighter, including 
size, shape, weight, fuel, fuel capacity, ignition mechanism, and 
child-resistant features.
    (2) A detailed description of all dimensions, force requirements, 
or other features that could affect the child-resistance of the multi-
purpose lighter, including the manufacturer's tolerances for each such 
dimension or force requirement.
    (3) Any further information, including, but not limited to, model 
names or numbers, necessary to adequately describe the multi-purpose 
lighters and any child-resistant features.


Sec. 1212.16  Production testing.

    (a) General. Manufacturers and importers shall test samples of 
multi-purpose lighters subject to the standard as they are 
manufactured, to demonstrate that the multi-purpose lighters meet the 
specifications, required under Sec. 1212.15, of the surrogate that has 
been shown by qualification testing to meet the requirements of the 
standard.
    (b) Types and frequency of testing. Manufacturers, private 
labelers, and importers shall determine the types of tests for 
production testing. Each production test shall be conducted at a 
production interval short enough to provide a high degree of assurance 
that, if the samples selected for testing pass the production tests, 
all other multi-purpose lighters produced during the interval will meet 
the standard.
    (c) Test failure. (1) Sale of multi-purpose lighters. If any test 
yields results which indicate that any multi-purpose lighters 
manufactured during the production interval may not meet the standard, 
production and distribution in commerce of multi-purpose lighters that 
may not comply with the standard must cease until it is determined that 
the lighters meet the standard or until corrective action is taken. (It 
may be necessary to modify the multi-purpose lighters or perform 
additional tests to ensure that only complying multi-purpose lighters 
are distributed in commerce. Multi-purpose lighters from other 
production intervals having test results showing that multi-purpose 
lighters from that interval comply with the standard could be produced 
and distributed unless there was some reason to believe that they might 
not comply with the standard.)
    (2) Corrective actions. When any production test fails to provide a 
high degree of assurance that all multi-purpose lighters comply with 
the standard, corrective action must be taken. Corrective action may 
include changes in the manufacturing process, the assembly process, the 
equipment used to manufacture the product, or the product's materials 
or design. The corrective action must provide a high degree of 
assurance that all multi-purpose lighters produced after the corrective 
action will comply with the standard. If the corrective action changes 
the product from the surrogate used for qualification testing in a 
manner that could adversely affect its child-resistance, the multi-
purpose lighter must undergo new qualification tests in accordance with 
Sec. 1212.14.


Sec. 1212.17  Recordkeeping and reporting.

    (a) Every manufacturer and importer of lighters subject to the 
standard shall maintain the following records in English on paper, 
microfiche, or similar media and make such records available to any 
designated officer or employee of the Commission in accordance with

[[Page 71878]]

section 16(b) of the Consumer Product Safety Act, 15 U.S.C. 2065(b). 
Such records must also be kept in the United States and provided to the 
Commission within 48 hours of receipt of a request from any employee of 
the Commission, except as provided in paragraph (a)(3) of this section. 
Legible copies of original records may be used to comply with these 
requirements.
    (1) Records of qualification testing, including a description of 
the tests, photograph(s) or a video tape for a single pair of children 
from each 100-child test panel to show how the lighter was held in the 
tester's hand, and the orientation of the tester's body and hand to the 
children, during the demonstration, the dates of the tests, the data 
required by Sec. 1212.4(d), the actual surrogate lighters tested, and 
the results of the tests, including video tape records, if any. These 
records shall be kept for a period of 3 years after the production of 
the particular model to which such tests relate has ceased. If 
requalification tests are undertaken in accordance with 
Sec. 1212.14(c), the original qualification test results may be 
discarded 3 years after the requalification testing, and the 
requalification test results and surrogates, and the other information 
required in this subsection for qualifications tests, shall be kept in 
lieu thereof.
    (2) Records of procedures used for production testing required by 
this subpart B, including a description of the types of tests conducted 
(in sufficient detail that they may be replicated), the production 
interval selected, the sampling scheme, and the pass/reject criterion. 
These records shall be kept for a period of 3 years after production of 
the lighter has ceased.
    (3) Records of production testing, including the test results, the 
date and location of testing, and records of corrective actions taken, 
which in turn includes the specific actions taken to improve the design 
or manufacture or to correct any noncomplying lighter, the date the 
actions were taken, the test result or failure that triggered the 
actions, and the additional actions taken to ensure that the corrective 
action had the intended effect. These records shall be kept for a 
period of 3 years following the date of testing. Records of production 
testing results may be kept on paper, microfiche, computer tape, or 
other retrievable media. Where records are kept on computer tape or 
other retrievable media, however, the records shall be made available 
to the Commission on paper copies upon request. A manufacturer or 
importer of a lighter that is not manufactured in the United States may 
maintain the production records required by this paragraph (a)(3) 
outside the United States, but shall make such records available to the 
Commission in the United States within 1 week of a request from a 
Commission employee for access to those records under section 16(b) of 
the CPSA, 15 U.S.C. 2065(b).
    (4) Records of specifications required under Sec. 1212.15 shall be 
kept for 3 years after production of each lighter model has ceased.
    (b) Reporting. At least 30 days before it first imports or 
distributes in commerce any model of lighter subject to the standard, 
every manufacturer and importer must provide a written report to the 
Office of Compliance, Consumer Product Safety Commission, 4330 East-
West Highway, Room 610, Bethesda, Maryland 20814-4408. Such report 
shall include:
    (1) The name, address, and principal place of business of the 
manufacturer or importer,
    (2) a detailed description of the lighter model and the child-
resistant feature(s) used in that model,
    (3) a description of the qualification testing, including a 
description of the surrogate lighters tested (including a description 
of the point in the operation at which the surrogate will signal 
operation--e.g., the distance by which a trigger must be moved), the 
specification of the surrogate lighter required by Sec. 1212.15, a 
summary of the results of all such tests, the dates the tests were 
performed, the location(s) of such tests, and the identity of the 
organization that conducted the tests,
    (4) an identification of the place or places that the lighters were 
or will be manufactured,
    (5) the location(s) where the records required to be maintained by 
paragraph (a) of this section are kept, and
    (6) a prototype or production unit of that lighter model.
    (c) Confidentiality. Persons who believe that any information 
required to be submitted or made available to the Commission is trade 
secret or otherwise confidential shall request that the information be 
considered exempt from disclosure by the Commission, in accordance with 
16 CFR 1015.18. Requests for confidentiality of records provided to the 
Commission will be handled in accordance with section 6(a)(2) of the 
CPSA, 15 U.S.C. 2055(a)(2), the Freedom of Information Act as amended, 
5 U.S.C. 552, and the Commission's regulations under that act, 16 CFR 
part 1015.


Sec. 1212.18  Refusal of Importation

    (a) For noncompliance with reporting and recordkeeping 
requirements. The Commission has determined that compliance with the 
recordkeeping and reporting requirements of this subpart is necessary 
to ensure that lighters comply with this part 1212. Therefore, pursuant 
to section 17(g) of the CPSA, 15 U.S.C. 2066(g), the Commission may 
refuse to permit importation of any lighters with respect to which the 
manufacturer or importer has not complied with the recordkeeping and 
reporting requirements of this subpart. Since the records are required 
to demonstrate that production lighters comply with the specifications 
for the surrogate, the Commission may refuse importation of lighters if 
production lighters do not comply with the specifications required by 
this subpart, or if any other recordkeeping or reporting requirement in 
this part is violated.
    (b) For noncompliance with this standard or for lack of a 
certification certificate. As provided in section 17(a) of the CPSA, 15 
U.S.C. 2066(a), products subject to this standard shall be refused 
admission into the customs territory of the United States if, among 
other reasons, the product either fails to comply with this standard or 
is not accompanied by the certificate required by this standard.

Subpart C--Stockpiling

    Authority: 15 U.S.C. 2058(g)(2), 2065(b), 2079(d)


Sec. 1212.20  Stockpiling.

    (a) Definition. ``Stockpiling'' means to manufacture or import a 
product that is subject to a consumer product safety rule between the 
date of issuance of the rule and its effective date at a rate which is 
significantly greater than the rate at which such product was produced 
or imported during a base period.
    (b) Base period. For purposes of this rule, ``base period'' means 
the 1-year period ending December 21, 1999.
    (c) Prohibited act. Manufacturers and importers of multi-purpose 
lighters shall not manufacture or import such lighters that do not 
comply with the requirements of this part between December 22, 1999 and 
December 22, 2000, at a rate that is greater than the rate of 
production or importation during the base period plus 20 per cent of 
that rate.
    (d) Reporting and recordkeeping requirements. All firms and persons 
who make or import multi-purpose lighters, after the date of 
publication of this rule, that do not meet the requirements of this 
standard, shall

[[Page 71879]]

supply the Commission's Office of Compliance with:
    (1) Supporting information to establish the number of multi-purpose 
lighters made or imported during the base period. This information 
shall be submitted by January 21, 2000.
    (2) Supporting information to establish the number of lighters made 
or imported during the year following publication of the final rule. 
This information shall be submitted within 10 days of the end of each 
calendar month, for lighters shipped within that month.
    (3) Supporting information shall be sufficient to identify the 
manufacturer or importer, the party to which the lighters were sold, 
the destination of the lighters, and shall include copies of relevant 
invoices and importation documents.

Appendix A to Part 1212--Findings Under the Consumer Product Safety 
Act

    Section 9(f) of the Consumer Product Safety Act (15 U.S.C. 
2058(f)) requires the Commission to make findings concerning the 
following topics and to include the findings in the rule. Because 
the findings are required to be published in the rule, they reflect 
the information that was available to the Consumer Product Safety 
Commission (``CPSC'' or ``Commission'') when the standard was issued 
on December 22, 1999.
    A. The degree and nature of the risk of injury the rule is 
designed to eliminate or reduce. The standard is designed to reduce 
the risk of death and injury from accidental fires started by 
children playing with multi-purpose lighters. The Commission has 
identified 196 fires that occurred from 1995 through 1998 that were 
started by children under age 5 playing with multi-purpose lighters. 
These fires resulted in a total of 35 deaths and 81 injuries. Fire-
related injuries include thermal burns--many of high severity--as 
well as anoxia and other, less serious injuries. The societal costs 
of these fires is estimated to include $175 million in deaths, $13.7 
million in injuries, and over $5 million in property damage. Because 
these data are from known fires rather than national estimates, the 
extent of the total problem may be greater. Fires started by 
children under age 5 are those which the standard would most 
effectively reduce.
    B. The approximate number of consumer products, or types or 
classes thereof, subject to the rule. The standard covers certain 
flame-producing devices, commonly known as multi-purpose lighters, 
that are defined in Sec. 1212.2(a) of 16 CFR Part 1212. This 
definition includes products that are referred to as micro-torches. 
Multi-purpose lighters may use any fuel and may be refillable or 
nonrefillable. Approximately 21 million multi-purpose lighters are 
expected to be sold to consumers in the U.S. during 1999. Multi-
purpose lighters manufactured in the United States, or imported, on 
or after December 22, 2000 will be required to meet child-resistance 
requirements. The following products are not multi-purpose lighters: 
devices intended primarily for igniting cigarettes, cigars, and 
pipes, whether or not such devices are subject to the requirements 
of the Safety Standard for Cigarette Lighters (16 CFR part 1210); 
devices that contain more than 10 oz. of fuel; and matches.
    C. The need of the public for the consumer products subject to 
the rule, and the probable effect of the rule on the utility, cost, 
or availability of such products to meet such need. Consumers use 
multi-purpose lighters primarily to ignite items such as candles, 
fuel for fireplaces, charcoal or gas-fired grills, camp fires, camp 
stoves, lanterns, or fuel-fired appliances or devices or their pilot 
lights.
    1. There will be several types of costs associated with the 
rule. Manufacturers would have to devote some resources to the 
development or modification of technology to produce child-resistant 
multi-purpose lighters. Before being marketed, the lighters must be 
tested and certified to the new standard. It is also possible that 
manufacturing child-resistant lighters may require more labor or 
material than non-child-resistant lighters.
    2. Manufacturers will have to modify their existing multi-
purpose lighters to comply with the rule. In general, costs that 
manufacturers would incur in developing, producing, and selling new 
complying lighters include the following:
     Research and development toward finding the most 
promising approaches to improving child resistance, including 
building prototypes and surrogate lighters for preliminary child 
panel testing;
     Retooling and other production equipment changes 
required to produce more child-resistant multi-purpose lighters, 
beyond normal periodic changes made to the plant and equipment;
     Labor and material costs of the additional assembly 
steps, or modification of assembly steps, in the manufacturing 
process;
     The additional labeling, recordkeeping, certification, 
testing, and reporting that will be required for each new model;
     Various administrative costs of compliance, such as 
legal support and executive time spent at related meetings and 
activities; and
     Lost revenue if sales are adversely affected.
    3. Industry sources have not been able to provide firm estimates 
of these costs. One major manufacturer has introduced a child-
resistant multi-purpose lighter. However, because that company did 
not previously manufacture a non-child-resistant lighter, it was 
unable to estimate the incremental cost of developing and 
manufacturing child-resistant multi-purpose lighters.
    4. Assuming that there are 20 manufacturers and that each 
invests an average of $2 million to develop and market complying 
lighters, the total industry cost for research development, 
retooling, and compliance testing would be approximately $40 
million. If amortized over a period of 10 years, and assuming a 
modest 1% sales growth each year, the average of these costs would 
be about $0.23 per unit. For a manufacturer with a large market 
share (i.e., selling several million units or more a year) the cost 
per unit of the development costs could be lower than the estimated 
$0.23 per unit, even at the high end of the estimates. On the other 
hand, for manufacturers with a small market share, the per-unit 
development costs would be greater. Some manufacturers with small 
market shares may even drop out of the market (at least temporarily) 
or delay entering the market.
    5. In addition to the research, development, retooling, and 
testing costs, material and labor costs are likely to increase. For 
example, additional labor will be required to add the child-
resistant mechanism to the lighter during assembly. Additional 
materials may also be needed to produce the child-resistant 
mechanism. While CPSC was unable to obtain reliable estimates, some 
industry sources indicated that they believed that these costs would 
be relatively low, probably less than $0.25 per unit.
    6. Multi-purpose lighters will also be required to have a label 
that identifies the manufacturer and the approximate date of 
manufacture. However, virtually all products are already labeled in 
some way. Since the requirement in the rule allows substantial 
flexibility to the manufacturer in terms of things such as color, 
size, and location, this requirement is not expected to increase the 
costs significantly.
    7. Certification and testing costs include costs of producing 
surrogate lighters; conducting child panel tests; and issuing and 
maintaining records for each model. The largest component of these 
costs is believed to be building surrogates and conducting child 
panel tests, which, based on CPSC experience, may cost about $25,000 
per lighter model. Administrative expenses associated with the 
compliance and related activities are difficult to quantify, since 
many such activities associated with the rule would probably be 
carried out anyway and the marginal impact of the recommended rule 
is probably slight.
    8. Multi-purpose lighters are sold in countries other than the 
United States. Some manufacturers may develop lighters that meet the 
requirements of the rule for distribution in the United States, but 
continue to distribute the current, non-child-resistant models in 
other countries. Thus, some manufacturers may incur the incremental 
costs associated with producing multiple lines of similar products. 
These costs could include extra administrative costs required to 
maintain different lines and the incremental costs of producing 
different lines of similar products, such as using different molds 
or different assembly steps. These costs would, however, be 
mitigated if similar or identical standards were adopted by other 
countries. In total, the rule will likely increase the cost of 
manufacturing multi-purpose lighters by about $0.48 per unit.
    9. At the present time, one manufacturer has about 80-90% of the 
market for multi-purpose lighters. The other manufacturers, 
importers, and private labelers divide up the remaining 10-20% of 
the market. Thus, there is already a very high degree of 
concentration in the market. Even so, at least two

[[Page 71880]]

manufacturers have already entered the market with models that are 
believed to meet the requirements of the rule and at least one other 
firm is believed to be actively developing a child-resistant 
lighter. Therefore, the rule is not expected to have any significant 
impact on competition. Moreover, other firms are expected to enter 
the market for multi-purpose lighters, and thereby increase 
competition, as the market expands. Firms that market child-
resistant multi-purpose lighters before the standard's effective 
date may gain an initial competitive advantage. However, any 
differential impact is likely to be slight and short-lived. Other 
manufacturers can be expected to have child-resistant multi-purpose 
lighters developed and ready to market before or soon after the rule 
goes into effect.
    D. Impact on consumers. Aside from increased safety, the rule is 
likely to affect consumers in two ways. First, the increased cost 
for producing the child-resistant models will likely result in 
higher retail prices for multi-purpose lighters. Second, the utility 
derived from child-resistant lighters may be decreased if complying 
lighters are less easy to operate.
    1. Assuming a 100% markup over the incremental cost to 
manufacturers (estimated at $0.48/unit), the rule may be expected to 
increase the retail price of multi-purpose lighters by $0.96 per 
unit. The per-unit price increase for micro-torches and other high-
end multi-purpose lighters may be higher due to the smaller numbers 
of such lighters produced.
    2. The utility that consumers receive from multi-purpose 
lighters may be reduced if the rule makes the lighters more 
difficult to operate. This could result in some consumers switching 
to substitute products, such as matches. However, as with child-
resistant cigarette lighters, the increased difficulty of operating 
child-resistant multi-purpose lighters is expected to be slight. 
Moreover, even if some consumers do switch to other products, the 
risk of fire is not expected to increase significantly. Most 
cigarette lighters (one possible substitute) must already meet the 
same child-resistant standard as those applicable to multi-purpose 
lighters. Although consumers that switch to matches may increase the 
risk of child-play fires somewhat, matches seem to be inherently 
more child resistant than are non-child-resistant multi-purpose 
lighters. Previously, the CPSC determined that non-child-resistant 
cigarette lighters were 1.4 times as likely as matches to be 
involved in child-play fires and 3.9 times as likely to be involved 
in a child-play death. Thus, even if some consumers did switch to 
using matches, the risk of child-play fires would still likely be 
less than if they continued to use non-child-resistant multi-purpose 
lighters.
    3. The total societal costs of fires known to have been started 
during 1995 through 1998 by children under age 5 playing with multi-
purpose lighters was approximately $194.2 million, or $48.6 million 
per year. This is probably an underestimate, since it only includes 
the cases of which CPSC is aware. During the same period, an 
estimated 20 million multi-purpose lighters were available for use 
each year. The societal costs of the fires started by young children 
attempting to operate multi-purpose lighters is, therefore, about 
$2.43 per lighter ($48.6 million  20 million lighters) per 
year. The rule is expected to reduce this cost by 75 to 84%. 
Therefore, the expected societal benefit of the rule in terms of 
reduced fires, deaths, injuries, and property damage is expected to 
be at least $1.82 per complying lighter sold.
    4. As discussed above, the rule may increase the cost of 
manufacturing multi-purpose lighters by $0.48 and may increase the 
retail prices by as much as $0.96. Therefore, assuming that sales of 
multi-purpose lighters remain the same, the net benefit (benefits 
minus costs) of the rule to consumers is expected to be at least 
$0.86 per unit ($1.82--$0.96). Based on annual sales of 
approximately 20 million units per year, the rule would result in an 
annual net benefit to consumers at least $17.2 million (20 million 
x  $0.86) annually.
    5. The actual level of benefits observed could be higher if some 
multi-purpose lighters are stored with the on/off switch in the 
``on'' position. If a significant number of consumers commonly store 
multi-purpose lighters with the switch on, the effective level of 
child resistance of multi-purpose lighters currently in use may be 
lower than indicated by CPSC's baseline testing. This would increase 
the effectiveness of the rule and the value of the net benefits.
    E. Any means of achieving the objective of the order while 
minimizing adverse effects on competition or disruption or 
dislocation of manufacturing and other commercial practices 
consistent with the public health and safety. 1. The performance 
requirements of this part 1212 are based on the Commission's Safety 
Standard for Cigarette Lighters, 16 CFR part 1210. In developing 
that standard, the Commission considered the potential effects on 
competition and business practices of various aspects of the 
standard, and incorporated some burden-reducing elements into the 
standard.
    2. One possible alternative to this mandatory standard would be 
for the Commission to rely on voluntary conformance to the 
requirements of the standard to provide safety to consumers. The 
expected level of conformance to a voluntary standard is uncertain, 
however. Although some of the largest firms may market some child-
resistant multi-purpose lighters that conform to these requirements, 
most firms (possibly including some of the largest) probably would 
not. Even under generous assumptions about the level of voluntary 
conformance, net benefits to consumers would be substantially lower 
under this alternative than under the standard. Thus, the Commission 
finds that reliance on voluntary conformance to the provisions of 
this part 1212 would not adequately reduce the unreasonable risk 
associated with multi-purpose lighters.
    F. The rule (including its effective date) is reasonably 
necessary to eliminate or reduce an unreasonable risk of injury. The 
Commission's hazard data and regulatory analysis demonstrate that 
multi-purpose lighters covered by the standard pose an unreasonable 
risk of death and injury to consumers. The Commission considered a 
number of alternatives to address this risk, and believes that the 
standard strikes the most reasonable balance between risk reduction 
benefits and potential costs. Further, the amount of time before the 
standard becomes effective (one year after publication of the final 
rule) will provide manufacturers and importers of most products 
adequate time to design, produce, and market safer multi-purpose 
lighters. Thus, the Commission finds that the standard and its 
effective date are reasonably necessary to reduce the risk of fire-
related death and injury associated with young children playing with 
multi-purpose lighters.
    G. The benefits expected from the rule bear a reasonable 
relationship to its costs. The standard will substantially reduce 
the number of fire-related deaths, injuries, and property damage 
associated with young children playing with multi-purpose lighters. 
The cost of these accidents, which is estimated to be greater than 
$48.6 million annually, will also be greatly reduced. The rule is 
expected to reduce this societal cost by 75-84%, or by greater than 
$36.5 million. The estimated annual costs to the public are expected 
to be less than $20 million. Therefore, substantial net benefits 
will accrue to consumers. Thus, the Commission finds that a 
reasonable relationship exists between the expected benefits and the 
expected costs of the standard.
    H. The rule imposes the least burdensome requirement which 
prevents or adequately reduces the risk of injury for which the rule 
is being promulgated. 1. The Commission incorporated a number of 
features from the cigarette lighter standard, 16 CFR part 1210, in 
order to minimize the potential burden of the rule on industry and 
consumers. The Commission also considered alternatives involving 
different performance and test requirements and different 
definitions determining the scope of coverage among products. 
Alternatives that would be more burdensome to industry would have 
higher costs to consumers. Less burdensome alternatives would have 
lowered the risk-reduction benefits to consumers. No alternative has 
been identified that would result in a higher level of net benefits 
to consumers.
    2. A less stringent acceptance criterion of 80% (rather than the 
standard's 85%) might slightly reduce costs to industry and 
consumers. The safety benefits of this alternative, however, would 
likely be reduced disproportionately to the potential reduction in 
costs. A higher (90%) acceptance criterion was also considered. This 
higher performance level may not be commercially or technically 
feasible for many firms, however. The Commission believes that this 
more stringent alternative would have substantial adverse effects on 
manufacturing and competition, and would increase costs 
disproportionate to benefits. The Commission believes that the 
requirement that complying multi-purpose lighters not be operable by 
at least 85% of children in prescribed tests strikes a reasonable 
balance between improved safety for a substantial majority of young 
children and other potential fire victims and the potential for 
adverse competitive effects and manufacturing disruption.

[[Page 71881]]

    3. The standard becomes effective 12 months after it is issued 
December 22, 2000. The Commission also considered an effective date 
of 6 months after the date of issuance of the final rule. Although 
most multi-purpose lighters sold in the U.S. could probably be made 
child-resistant within 6 months, the supply of some imported multi-
purpose lighters would be disrupted. The 12-month period in the 
standard would minimize this potential effect, and would allow more 
time for firms to design, produce, and import complying multi-
purpose lighters. The Commission estimates that there would be no 
significant adverse impact on the overall supply of multi-purpose 
lighters for the U.S. market. A longer effective date was deemed 
unsuitable because it would unduly delay the lifesaving benefits of 
the standard and would penalize firms that have already begun to 
develop child-resistant multi-purpose lighters.
    I. The promulgation of the rule is in the public interest. As 
required by the CPSA and the Regulatory Flexibility Act, the 
Commission considered the potential benefits and costs of the 
standard and various alternatives. The standard provides substantial 
net benefits to society. Although certain alternatives to the final 
rule were estimated to also have net benefits to consumers, they 
would decrease the level of safety. Therefore, the Commission finds 
that the standard is in the public interest.

    Dated: December 13, 1999.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.

List of Relevant Documents

    (Note: This list of relevant documents will not be printed in 
the Code of Federal Regulations.

    1. Letter from J. Carr, to Honorable Ann Brown, Chairman, U.S. 
Consumer Product Safety Commission, petitioning the Commission to 
initiate rulemaking proceedings to amend the Safety Standard for 
Cigarette Lighters to include the Scripto Aim 'n Flame 
disposable butane ``multi-purpose lighter.'' (Received by CPSC 
February 15, 1996)
    2. Letter from T. Stevenson, Deputy Secretary and Freedom of 
Information Officer, Office of the Secretary, CPSC, to J. Carr, 
February 23, 1996.
    3. Federal Register Notice, (Requesting Comment on Petition) 
``Petition CP 96-1 Requesting a Child-Resistance Standard for Multi-
Purpose Lighters,'' May 7, 1996.
    4. Petition Comment CC 96-3-1, F. Hon, President, Calico Brands, 
Inc, May 30, 1996.
    5. Petition Comment CC 96-3-2, B. Radnofsky, Esq., and C. 
Guthrie, Vinson & Elkins, L.L.P., June 12, 1996.
    6. Petition Comment CC 96-3-3, M. Reynolds, Group Vice 
President, Colibri Corporation, June 17, 1996.
    7. Petition Comment CC 96-3-4, J. Geremia, Ph.D., June 17, 1996.
    8. Petition Comment CC 96-3-5, D. Denton, July 2, 1996.
    9. Petition Comment CC 96-3-6, M. Forys, Senior Vice President, 
Administration, Scripto-Tokai Corporation, July 3, 1996.
    10. Petition Comment CC 96-3-7, D. Baker, General Counsel, 
Lighter Association, Inc., July 5, 1996.
    11. Petition Comment CC 96-3-8, D. Carson, Esq., Carson, Carson, 
& Carson, July 5, 1996.
    12. Petition Comment CC 96-3-9, M. McLoughlin, Customer 
Relations Manager, Pinkerton Group Inc. (A Swedish Match Company), 
July 8, 1996.
    13. Briefing Package, ``Multi-Purpose Lighter Petition,'' 
November 26, 1996.
    14. ``Petition to initiate rulemaking proceeding to amend 16 CFR 
1210 Safety Standard for Cigarette Lighters to include the Scripto 
Aim 'n Flame[] disposable butane `multi-purpose' lighter 
within the scope of the Safety Standard for Cigarette Lighters'' (CP 
96-1), February 1996 (Tab A of 11/26/96 Briefing Package).
    15. Federal Register Notice, Petition CP 96-1 Requesting a 
Child-Resistance Standard for Multi-Purpose Lighters, May 7, 1996. 
(Tab B of 11/26/96 Briefing Package).
    16. Smith., L., ``Fire Incidents Involving Multi-Purpose 
Lighters,'' CPSC, Division of Hazard Analysis, November 12, 1996 
(Tab C of 11/26/96 Briefing Package).
    17. Karels, T., ``Economic Consideration of the Petition on 
Multipurpose Lighters,'' CPSC, Directorate for Economic Analysis, 
November 25, 1996 (Tab D of 11/26/96 Briefing Package).
    18. Meiers, C., ``Attractiveness and Appeal of Multi-Purpose 
Lighters to Children (Petition CP 96-1),'' CPSC, Division of Human 
Factors, September 19, 1996 (Tab E of 11/26/96 Briefing Package).
    19. Smith., L., ``Response to Public Comments, Multi-Purpose 
Lighter Petition-CP 96-1,'' CPSC, Division of Hazard Analysis, 
November 12, 1996. (Tab F of 11/26/96 Briefing Package).
    20. Perry, E., ``Response to Comments on Multi-Purpose 
Lighters,'' CPSC, Directorate for Engineering Sciences, September 6, 
1996 (Tab G of 11/26/96 Briefing Package).
    21. Meiers, C., ``Response to Public Comments on Requiring 
Multi-Purpose Lighters to be Child-Resistant (Petition CP 96-1), 
CPSC, Division of Human Factors, September 16, 1996 (Tab H of 11/26/
96 Briefing Package).
    22. Poth, R., ``Comments In Response to Petition CP 96-1 For 
Child-Resistant Multi-Purpose Lighters, CPSC, Office of Compliance, 
September 18, 1996 (Tab I of 11/26/96 Briefing Package).
    23. Federal Register Notice, ``Multi-Purpose Lighters; Advance 
Notice of Proposed Rulemaking; Request for Comments and 
Information,'' 62 Fed. Reg. 2327 (January 16, 1997).
    24. Federal Register Notice, ``Multi-Purpose Lighters; Extension 
of Period for Issuing a Notice of Proposed Rulemaking,'' 63 Fed. 
Reg. 1077 (January 8, 1998).
    25. ANPR Comment CH 97-1-1, G. Phelps, President, International 
Association of Arson Investigators, Inc., August 26, 1996.
    26. ANPR Comment CH 97-1-2, B. Radnofsky, Esq. and C. Guthrie, 
Vinson & Elkins, LLP, October 17, 1996.
    27. ANPR Comment CH 97-1-2a, B. Radnofsky, Esq. and C. Guthrie, 
Vinson & Elkins, LLP, January 6, 1997.
    28. ANPR Comment CH 97-1-2b, B. Radnofsky, Esq. and C. Guthrie, 
Vinson & Elkins, LLP, March 11, 1997.
    29. ANPR Comment CH 97-1-3, C. Craig, March 4, 1997.
    30. ANPR Comment CH 97-1-4, M. Forys, Senior Vice President, 
Administration, Scripto-Tokai Corporation, March 13, 1997.
    31. ANPR Comment CH 97-1-5, M. McLoughlin, Customer Relations 
Manager, Swedish Match (Cricket), March 14, 1997.
    32. ANPR Comment CH 97-1-6, D. Baker, General Counsel, The 
Lighter Association, Inc., March 17, 1997.
    33. ANPR Comment CH 97-1-7, R. McLeod, MSN, RN, CS, CPNP, 
President, National Association of Pediatric Nurse Associates & 
Practitioners, Inc., March 17, 1997.
    34. ANPR Comment CH 97-1-8, C. Guthrie, Vinson & Elkins, January 
7, 1998.
    35. ANPR Comment CH 97-1-9, D. Bruce Kehoe, Esq., Wilson Kehoe & 
Winingham, March 4, 1998.
    36. ANPR Comment CH 97-1-10, M. Collmer, Esq., McDowell Collmer, 
L.L.P., March 17, 1997.
    37. Briefing Package, ``Proposed Standard for Multi-Purpose 
Lighters,'' CPSC, July 15, 1998.
    38. Draft Federal Register Notice, ``Utility Lighters; Notice of 
Proposed Rulemaking,'' (Tab A of 7/15/98 Briefing Package).
    39. Franklin, R., ``Preliminary Regulatory Analysis of Multi-
Purpose Lighters,'' CPSC, Directorate for Economic Analysis, July 
14, 1998 (Tab B of 7/15/98 Briefing Package).
    40. Letter from T. Kelleher, Senior Vice President-
Administration, General Counsel and Secretary, BIC, to B. Jacobson, 
CPSC, ``BIC SureStartTM Utility Lighter,'' 
May 8, 1998 (Tab C of 7/15/98 Briefing Package).
    41. Smith, L., ``Fire Incidents Involving Multi-Purpose 
Lighters,'' CPSC, Division of Hazard Analysis, July 9, 1998 (Tab D 
of 
7/15/98 Briefing Package).
    42. Franklin, R., ``Initial Regulatory Flexibility Analysis of 
Multi-Purpose Lighters,'' CPSC, Directorate for Economic Analysis, 
July 14, 1998 (Tab E of 
7/15/98 Briefing Package).
    43. Jacobson, B., ``Advance notice of proposed rulemaking,'' 
CPSC, Division of Health Sciences, July 2, 1998 (Tab F of 7/15/98 
Briefing Package).
    44. Sushinsky, G., ``Gas Grill Ignition Tests,'' CPSC, 
Directorate for Laboratory Sciences, June 29, 1998 (Tab G of 7/15/98 
Briefing Package).
    45. Meiers, C., ``Response to public Comments on Advance Notice 
of Proposed Rulemaking (ANPR) Requiring Multi-Purpose Lighters to be 
Child-Resistant,'' CPSC, Division of Human Factors, April 28, 1998 
(Tab H of 7/15/98 Briefing Package).
    46. Franklin, R., ``Response to Comments Concerning Economic 
Issues Raised by Comments to the ANPR on Multi-Purpose Lighters, 
``CPSC, Directorate for Economic Analysis, July 14, 1998 (Tab I of 
7/15/98 Briefing Package).
    47. Bogumill, M., ``Response to Comments on Multi-Purpose 
Lighter ANPR,'' CPSC, Office of Compliance, June 5, 1998, (Tab J of 
7/15/98 Briefing Package).
    48. Briefing Package, ``Supplemental Information--Proposed 
Standard for Multi-

[[Page 71882]]

Purpose Lighters,'' CPSC, September 10, 1998.
    49. Smith, L., ``Fire Incidents Involving Multi-Purpose 
Lighters,'' CPSC, Division of Hazard Analysis, August 20, 1999 (Tab 
A of 9/10/98 Briefing Package).
    50. Perry, E., and C. Paul, ``Feasibility of Making Multi-
Purpose Lighters Child-Resistant,'' CPSC, Division of Mechanical 
Engineering, August 19, 1998 (Tab B of 
9/10/98 Briefing Package).
    51. Meiers, C., ``Micro-torches,'' CPSC, Division of Human 
Factors, August 6, 1998 (Tab C of 9/10/98 Briefing Package).
    52. Franklin, R., ``Multi-Purpose Lighters: Preliminary 
Regulatory Analysis,'' CPSC, Directorate for Economic Analysis, 
August 21, 1998 (Tab D of 9/10/98 Briefing Package).
    53. Franklin, R. ``Proposed Rule on Multi-Purpose Lighters: 
Initial Regulatory Flexibility Analysis,'' CPSC, Directorate for 
Economic Analysis, August 21, 1998 (Tab E of 9/10/98 Briefing 
Package).
    54. Perry, E., and C. Paul, ``Flash-Back Prevention,'' CPSC, 
Division of Mechanical Engineering, August 26, 1998 (Tab F of 
9/10/98 Briefing Package).
    55. Draft Federal Register Notice, ``Multi-Purpose Lighters; 
Notice of Proposed Rulemaking,'' (Tab G of 9/10/98 Briefing 
Package).
    56. Draft Federal Register Notice, ``Rule to Regulate Under the 
Consumer Product Safety Act Risks of Injury Associated with Multi-
Purpose Lighters That Can Be Operated by Children,'' (Tab H of 9/10/
98 Briefing Package).
    57. Federal Register Notice, ``Rule to Regulate Under the 
Consumer Product Safety Act Risks of Injury Associated with Multi-
Purpose Lighters That Can Be Operated by Children'' 63 Fed. Reg. 
52394 (September 30, 1998).
    58. Federal Register Notice, ``Multi-Purpose Lighters; Notice of 
Proposed Rulemaking,'' 63 Fed. Reg. 52397 (September 30, 1998).
    59. NPR Comment CC 99-1-1, C. Horn, Esq., Joseph P. Moschetta 
and Associates, October 8, 1998.
    60. NPR Comment CC 99-1-2, N. Zeller, Chairman, Zelco 
Industries, Inc., October 9, 1998.
    61. NPR Comment CC 99-1-2a, N. Zeller, Chairman, Zelco 
Industries, Inc., October 12, 1998.
    62. NPR Comment CC 99-1-3, T. Moran, President, SNC Group, 
L.L.C., November 11, 1998.
    63. NPR Comment CC 99-1-4, D. Cooke, Esq., November 18, 1998.
    64. NPR Comment CC 99-1-5, M. McLoughlin, Customer Relation 
Manager, Swedish Match (Cricket), November 30, 1998.
    65. NPR Comment CC 99-1-6, M. Forys, Senior Vice President, 
Administration, Scripto-Tokai Corporation, December 4, 1998.
    66. NPR Comment CC 99-1-7, M. Schuler, President and CEO, Zippo 
Manufacturing Co., December 11, 1998.
    67. NPR Comment CC 99-1-8, G. Cavallo, Ph.D., Managing Director, 
Milford Consulting Associates, December 14, 1998.
    68. NPR Comment CC 99-1-9, J. Alpert, MD, FAAP, President, 
American Academy of Pediatrics, December 14, 1998.
    69. NPR Comment CC 99-1-10, D. Baker, General Counsel, Lighter 
Association, Inc., December 14, 1998.
    70. NPR Comment CC 99-1-11, T. Kelleher, Senior Vice President-
Administration, General Counsel & Secretary, BIC Corporation, 
December 17, 1998.
    71. NPR Comment CC 99-1-12, M. LeBlanc, Esq., Sugarman and 
Sugarman, P.C., August 19, 1998.
    72. NPR Comment CC 99-1-13, D. Lant, Chairman, BSI Technical 
Committee--Matches & Lighters, November 10, 1998.
    73. NPR Comment CC 99-1-14, S. Brobeck, Chairman, The Coalition 
For Consumer Health & Safety, January 20, 1999.
    74. NPR Comment CC 99-1-15, R. Ducharme, Quality Control 
Manager, The Colibri Group, January 20, 1999.
    75. NPR Comment CC 99-1-16, R. Stephenson, President, DONEL, 
Inc.
    76. NPR Comment CC 99-1-17, L. Daly, February 26, 1999.
    77. NPR Comment CC 99-1-18, P. Simon, President, Blazer 
Corporation, July 2, 1999.
    78. NPR Comment CC 99-1-19, B. Radnofsky, Esq., and C. Guthrie, 
D.C., J.D., September 20, 1999.
    79. NPR Comment CC 99-1-19a, B. Radnofsky, Esq., and C. Guthrie, 
Legal Assistant, March 19, 1999.
    80. NPR Comment CC 99-1-20, E. Mallett, June 1, 1999.
    81. NPR Comment CC 99-1-21, Gamache, Executive Director, 
National Fire Protection Association Center for High-Risk Outreach, 
October 18, 1999.
    82. NPR Comment CC 99-1-22, W. Hansen, Esq., McDermott and 
Hansen, August 16, 1999.
    83. Federal Register Notice, ``Multi-Purpose Lighters; Notice of 
Opportunity for Oral Presentation of Comments,'' 63 Fed. Reg. 69030 
(December 15, 1998).
    84. Summary of oral comments, D. Baker, General Counsel, Lighter 
Association, Inc., ``Multi-Purpose Lighter Rulemaking,'' January 7, 
1999.
    85. Summary of oral comments, C. Pollack-Nelson, Ph.D., 
Independent Safety Consulting, ``NPR for Multi-Purpose Lighters,'' 
January 11, 1999
    86. Summary of oral comments, D. Cooke, Esq., ``January 20, 1999 
hearing on Multi Purpose Lighters,'' January 11, 1999.
    87. Summary of oral comments, D. Baker, General Counsel, Lighter 
Association, Inc., ``Supplemental Comments of Lighter Association, 
Inc.,'' February 12, 1999.
    88. Transcript, ``Hearing on Multi-Purpose Lighters,'' January 
20, 1999.
    89. Letter from M. Forys, Senior Vice President, Administration 
and Corporate Secretary, Scripto, to B. Jacobson, CPSC, ``Aim 'n 
Flame Consumer Claims Potentially Involving 'BackFlash,' '' March 
29, 1999.
    90. Federal Register Notice, ``Multi-Purpose Lighters; Request 
for Additional Comment,'' (Proposal to conduct the child-panel tests 
with the on/off switch in the on, or unlocked, position.) 64 Fed. 
Reg. 42302 (August 4, 1999).
    91. Briefing Package, ``Final Standard for Multi-Purpose 
Lighters,'' CPSC, November 19, 1999.
    92. Smith, L., ``Fire Incidents Involving Multi-Purpose 
Lighters,'' CPSC, Directorate for Epidemiology, November 3, 1999 
(Tab A of 11/19/99 Briefing Package).
    93. Sedney, C., ``Response to Comments on Notice of Proposed 
Rulemaking for Multi-Purpose Lighters,'' CPSC, Division of Human 
Factors, November 18, 1999 (Tab B of 
11/19/99 Briefing Package).
    94. Bogumill, M., ``Response to Comments on NPR for Multi-
Purpose Lighters,'' CPSC, Office of Compliance, November 4, 1999 
(Tab C of 11/19/99 Briefing Package).
    95. Sedney, C., ``Child-Resistant Lighter Mechanisms and the 
Risk of Flashback Injuries,'' CPSC, Division of Human Factors, 
October 29, 1999 (Tab D of 11/19/99 Briefing Package).
    96. Rowe, W., ``Flashback associated with gas grills,'' CPSC, 
Division of Engineering, August 22, 1999 (Tab E of 11/19/99 Briefing 
Package).
    97. Nakamura, S., Ph.D., ``Severity of burns resulting from 
flash fire,'' CPSC, Division of Health Sciences, August 11, 1999 
(Tab F of 11/19/99 Briefing Package).
    98. Perry, F, and C. Paul, ``Multi-Purpose Lighter Ignition 
Tests,'' CPSC, Division of Mechanical Engineering, July 7, 1999 (Tab 
G of 11/19/99 Briefing Package).
    99. Smith, L., ``Burn Hazard Associated with Lighting Gas-Fueled 
Products,'' CPSC, Division of Hazard Analysis, June 17, 1999 (Tab H 
of 11/19/99 Briefing Package).
    100. Franklin, R., ``Response to Economic Issues Raised in 
Public Comments,'' CPSC, Directorate for Economic Analysis, November 
3, 1999 (Tab I of 11/19/99 Briefing Package).
    101. Franklin, R., ``Final Regulatory Analysis and Final 
Regulatory Flexibility Analysis,'' CPSC, Directorate for Economic 
Analysis, November 18, 1999 (Tab J of 
11/19/99 Briefing Package).
    102. Sedney, C., ``Effect of the Proposed Rule on Elderly and 
Handicapped Persons,'' CPSC, Division of Human Factors, October 29, 
1999 (Tab K of 11/19/99 Briefing Package).
    103. Draft Federal Register Notice, ``Rule to Regulate Under the 
Consumer Product Safety Act Risks of Injury Associated with Multi-
Purpose Lighters That Can Be Operated by Children,'' (Tab L of 11/
19/99 Briefing Package).
    104. Draft Federal Register Notice, ``Safety Standard for Multi-
Purpose Lighters,'' (Tab M of 11/19/99 Briefing Package). 3
[FR Doc. 99-32677 Filed 12-21-99; 8:45 am]
BILLING CODE 6355-01-P