[Federal Register Volume 69, Number 72 (Wednesday, April 14, 2004)]
[Rules and Regulations]
[Pages 19762-19763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8400]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1210


Safety Standard for Cigarette Lighters; Adjusted Customs Value 
for Cigarette Lighters

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

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SUMMARY: The Commission has a safety standard requiring that disposable 
and novelty lighters meet specified requirements for child-resistance. 
The rule defines disposable lighters, in part, as refillable lighters 
that use butane or similar fuels and have a Customs Value or ex-factory 
price below a threshold value (initially set at $2.00). The standard 
provides that the initial $2.00 value adjusts every 5 years for 
inflation as measured by the percentage change since June 1993 in the 
appropriate Wholesale Price Index for which cigarette lighters are a 
part, as published by the Department of Labor's Bureau of Labor 
Statistics (``BLS'') (now referred to as the Producer Price Index for 
Miscellaneous Fabricated Products). The adjustment is rounded to the 
nearest $0.25 increment. With this notice, the Commission adds to the 
rule a statement that the import value adjusted to $2.25 when the June 
2003 Index was finalized by BLS in November 2003. This information was 
also conveyed to the public by a Commission press release issued 
January 5, 2004.
    This notice also makes a technical correction to change the term 
``Wholesale Price Index'' to ``Producer Price Index for Miscellaneous 
Fabricated Products.''

DATES: This rule is effective April 14, 2004.

FOR FURTHER INFORMATION CONTACT: Joe Vogel, Office of Compliance, 
Consumer Product Safety Commission, Washington, DC 20207; telephone 
(301) 504-7599; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    In 1993, the Commission issued a standard that required disposable 
and novelty lighters to meet certain requirements for child-resistance. 
The standard defines disposable lighters as those that either are (1) 
non-refillable or (2) use butane or similar fuels and have ``a Customs 
Valuation or ex-factory price under $2.00, as adjusted every 5 years, 
to the nearest $0.25, in accordance with the percentage changes in the 
monthly Wholesale Price Index from June 1993.'' 16 CFR 
1210.2(b)(2)(ii).
    Thus, the rule provides for the $2.00 threshold to adjust in 
accordance with inflation. The rule provides for adjustment to be 
rounded to the nearest twenty-five cents. Adjustment did not occur in 
1998 because change in the Index since June 1993 was not sufficient to 
warrant an adjustment.
    The name of the Wholesale Price Index has changed to the Producer 
Price Index. The Index that includes cigarette lighters is the Producer 
Price Index for Miscellaneous Fabricated Products (hereafter ``the 
Index''). The Bureau of Labor Statistics generally releases the Index 
figures for the month of June in July, and the figures are subject to 
revision for four months.
    Adjustment to $2.25 occurred as of November 2003. This figure is 
based on an 8% increase since June 1993 in the Index rounded to the 
nearest twenty-five cents.
    The staff was concerned that there could be confusion about the 
exact amount and timing of the increase without specific notice from 
the Commission. So, on January 5, 2004, the Commission issued a press 
release notifying the public of the change in the price of lighters 
included in the cigarette lighter standard due to the adjustment and 
indicating that the adjustment would be enforced prospectively from 
March 1, 2004 (available on CPSC's Web site at
http://www.cpsc.gov/cpscpub/prerel/prhtm104/04060.html). To provide 
enhanced notice to those subject to the standard of this and any future

[[Page 19763]]

adjustments, the Commission is adding a statement to the standard that 
states the adjusted $2.25 value.
    This notice also makes a technical correction to change the term 
``Wholesale Price Index'' to ``Producer Price Index'' and notes that 
the specific Producer Price Index currently applicable to cigarette 
lighters is the Producer Price Index for Miscellaneous Fabricated 
Products.

The Administrative Procedure Act

    Section 553(b)(3)(B) of the Administrative Procedure Act (``APA'') 
authorizes an agency to dispense with notice and comment procedures 
when the agency, for good cause, finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
This amendment adds a statement to inform the public of an adjustment 
that has occurred automatically according to the terms of the cigarette 
lighter regulation. Accordingly, the Commission finds that notice and 
comment is unnecessary.
    The APA also authorizes an agency, ``for good cause found and 
published with the rule,'' to dispense with the otherwise applicable 
requirement that a rule be published in the Federal Register at least 
30 days before its effective date. 5 U.S.C. 553(d)(3). The Commission 
hereby finds that a 30 day delay of the effective date is unnecessary 
because this amendment informs the public of an adjustment that has 
occurred automatically in accordance with the requirements of the 
cigarette lighter standard.

List of Subjects in 16 CFR Part 1500

    Cigarette lighters, Consumer protection, Fire prevention, Hazardous 
materials, Infants and children, Labeling, Packaging and containers, 
Reporting and recordkeeping requirements.

0
Accordingly, 16 CFR part 1210 is amended as follows:

PART 1210--SAFETY STANDARD FOR CIGARETTE LIGHTERS

0
1. The authority for part 1210 continues to read as follows:

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


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2. Revise Sec.  1210.2(b)(2)(ii) to read as follows:


Sec.  1210.2  Definitions.

* * * * *
    (b) * * *
    (2) * * *
    (ii) It has a Customs Valuation or ex-factory price under $2.00, as 
adjusted every 5 years, to the nearest $0.25, in accordance with the 
percentage changes in the appropriate monthly Producer Price Index 
(Producer Price Index for Miscellaneous Fabricated Products) from June 
1993. The adjusted figure, based on the change in that Index since June 
1993 as finalized in November 2003, is $2.25.

    Dated: April 6, 2004.
Todd Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 04-8400 Filed 4-13-04; 8:45 am]
BILLING CODE 6355-01-P