[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Proposed Rules]
[Pages 18339-18342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7106]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1214


Safety Standard for Cigarette Lighters; Advance Notice of 
Proposed Rulemaking; Request for Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: Cigarette lighters may present an unreasonable risk of injury 
due to mechanical malfunction of some lighters. In November 2001, the 
Commission received a petition from the Lighter Association, Inc. 
asking the Commission to adopt the voluntary ``Standard Consumer Safety 
Specification for Lighters'' (ASTM F-400) as a mandatory standard under 
the Consumer Product Safety Act (``CPSA''). On November 30, 2004 the 
Commission voted to grant the petition. This advance notice of proposed 
rulemaking (``ANPR'') initiates a rulemaking proceeding under the CPSA. 
One result of the proceeding could be issuance of a rule requiring that 
cigarette lighters meet certain safety requirements. The Commission 
solicits written comments concerning the risks of injury associated 
with the mechanical malfunction of cigarette lighters, the regulatory 
alternatives discussed in this notice, other possible ways to address 
these risks, and the economic impacts of the various regulatory 
alternatives. The Commission also invites interested persons to submit 
an existing standard, or a statement of intent to modify or develop a 
voluntary standard, to address the risk of injury described in this 
notice.

DATES: Written comments and submissions in response to this notice must 
be received by June 10, 2005.

ADDRESSES: Comments should be e-mailed to [email protected]. Comments 
should be captioned ``ANPR for Cigarette Lighters.'' Comments may also 
be mailed, preferably in five copies, to the Office of the Secretary, 
Consumer Product Safety Commission, Washington, DC 20207-0001, or 
delivered to the Office of the Secretary, Consumer Product Safety 
Commission, Room 502, 4330 East-West Highway, Bethesda, Maryland; 
telephone (301) 504-0800. Comments also may be filed by telefacsimile 
to (301) 504-0127.

FOR FURTHER INFORMATION CONTACT: Rohit Khanna, Directorate for 
Engineering Sciences, Consumer Product Safety Commission,

[[Page 18340]]

Washington, DC 20207; telephone (301) 504-7546 or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    In November 2001, the Commission received a petition from the 
Lighter Association, Inc., Petition CP 02-1, asking that the Commission 
issue a rule to make the voluntary standard ``Standard Consumer Product 
Safety Specification for Lighters'' (ASTM F-400) a mandatory consumer 
product safety standard under the Consumer Product Safety Act 
(``CPSA''). The petitioner is a trade association representing the 
major U.S. manufacturers and distributors of cigarette lighters. The 
petitioner asserted that unreasonable risks of injury are being created 
because imported lighters are not complying with the voluntary 
standard.
    The Commission published a notice in the Federal Register on 
January 17, 2002, requesting comments on the petition. 67 FR 2420. The 
Commission received a total of 16 comments on the petition. The 
Commission staff reviewed the petition, the comments, and available 
information and prepared a briefing package for the Commission 
(available at http://www.cpsc.gov). On September 14, 2004, the 
Commission held a public meeting at which the staff briefed the 
Commission, and the Commission invited the public to present comments 
on the petition. David H. Baker presented testimony on behalf of the 
petitioner, and Robert Polk presented testimony on behalf of the 
National Association of State Fire Marshals. Both presenters supported 
granting the petition. On November 30, 2004, the Commission voted 2-0 
to grant the petition.\1\
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    \1\ Commissioner Thomas H. Moore filed a statement, which is 
available from the Commission's Office of the Secretary or on the 
Commission's Web site at http://www.cpsc.gov.
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B. The Product

    Cigarette lighters are flame producing products commonly used to 
light cigarettes, cigars and pipes. The Commission's Directorate for 
Economic Analysis estimates that total annual sales of lighters are 
about 900 million units. According to U.S. Census Bureau data, in 2003, 
up to 776 million lighters were imported into the U.S. China accounted 
for 55 percent of the lighter imports to the U.S. (420 million units) 
in 2003.

C. The Risk of Injury

    The staff reviewed available incident data involving malfunctions 
of cigarette lighters. The staff searched the following five databases 
for data: the National Fire Incident Reporting System (``NFIRS''), the 
National Electronic Injury Surveillance System (``NEISS''), the Death 
Certificates file (``DTHS''), the Injury or Potential Injury Incident 
file (``IPII'') and the In-Depth Investigation file (``INDP'').

NFIRS Data

    U.S. fire departments attended an estimated 330 residential 
structure fires caused by cigarette lighter malfunctions from 1994 to 
1999. These fires resulted in an estimated 90 injuries, 10 deaths, and 
$2.8 million in property damage.

NEISS Data

    NEISS is a statistical sampling of U.S. hospital emergency rooms 
that is designed to capture injuries associated with consumer products, 
while NFIRS is a voluntary fire department system that tracks fire 
incidents in the U.S. Because injuries related to cigarette lighter 
mechanical malfunctions are often not associated with a fire reportable 
to NFIRS, the NEISS provides a better estimate of these injuries than 
does NFIRS.
    The most recent available NEISS data, 1997-2002, shows that during 
that six year period, an estimated 3,015 individuals were treated in 
hospital emergency departments for injuries resulting from 
malfunctioning cigarette lighters. Ninety-six percent of these 
individuals were treated and released. The majority (about 82 percent) 
of the injuries were thermal burns. The face, hand, or fingers 
accounted for 80 percent of the injured body parts.

Death Certificates File

    For the period January 1, 1997 through December 31, 2002, one death 
was identified from the DTHS file that may have involved a cigarette 
lighter malfunction. On March 10, 2001, a 76 year-old woman died from 
3rd degree burns over 90% of her body. The report from the county 
sheriff's office concluded that the victim either accidentally ignited 
her clothing with the lighter while smoking or the lighter sprayed fuel 
on her while she was lighting her cigarette.

IPII and INDP Files

    A total of 256 incidents related to cigarette lighter malfunctions 
were identified from January 1, 1997 through December 31, 2002 from 
sources including newspaper clippings, consumer complaints, medical 
examiners' reports, and CPSC in-depth investigations. Although not a 
statistical sample of all incidents that occurred during this time 
period, these reports provide useful details about the incidents.
    In 153 of these 256 incidents, there were no injuries. The 
remaining 103 incidents resulted in injuries to 107 individuals. Three 
of these individuals died, six were hospitalized with serious injuries, 
and the majority (88) were treated and released. The condition of the 
remaining individuals was not reported. The deaths reported here were 
in addition to the deaths estimated through the NFIRS system. Where age 
was reported, almost 66 percent of the individuals were 15 through 64 
years of age. There were no injuries to children under 5 years old 
reported.
    The most frequent type of malfunction identified in the incidents 
was explosion due to pressure or volumetric displacement. Malfunctions 
due to pressure or volumetric displacement led to all three deaths 
reported in the IPII and INDP incidents. Some other failures that 
resulted in serious injury included fuel leakage resulting in ignition 
and flaring of the lighter.

D. Relevant Statutory Provisions

    The petition was docketed under the CPSA, 15 U.S.C. 2051 et seq. 
Section 7 of the CPSA authorizes the Commission to issue consumer 
product safety standards that consist of performance requirements and/
or requirements for warnings or instructions. Id. 2056(a). The CPSA 
also states that any requirement of a consumer product safety standard 
must be ``reasonably necessary to prevent or reduce an unreasonable 
risk of injury associated with such product.'' Id.
    Section 9 of the CPSA specifies the procedure the Commission 
follows to issue a consumer product safety standard. The Commission 
commences the rulemaking by issuing an ANPR which must identify the 
product and the risk of injury, summarize regulatory alternatives, and 
invite comments or suggested standards from the public. Id. 2058(a). 
After considering any comments submitted in response to the ANPR, the 
Commission will decide whether to issue a proposed rule and a 
preliminary regulatory analysis in accordance with section 9(c) of the 
CPSA. If a proposed rule is issued, the Commission would then consider 
the comments received in response to the proposed rule in deciding 
whether to issue a final rule and a final regulatory analysis. 15 
U.S.C. 2058(f).
    To issue a final rule, the Commission must find that the rule is 
``reasonably necessary to eliminate or reduce an unreasonable risk of 
injury associated

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with such product'' and that issuing the rule is in the public 
interest. Id. 2058(f)(3)(A)&(B). In addition, if a voluntary standard 
addressing the risk of injury has been adopted and implemented, the 
Commission must find that (1) the voluntary standard is not likely to 
eliminate or adequately reduce the risk of injury, or that (2) 
substantial compliance with the voluntary standard is unlikely. Id. 
2058(f)(3)(D). The Commission also must find that expected benefits of 
the rule bear a reasonable relationship to its costs and that the rule 
imposes the least burdensome requirements that would adequately reduce 
the risk of injury. Id. 2058(f)(3)(E)&(F).

E. Regulatory Alternatives

    One or more of the following alternatives could be used to reduce 
the identified risks associated with mechanical malfunctions of 
cigarette lighters.
    1. Mandatory standard. The Commission could issue a rule specifying 
certain performance requirements that cigarette lighters must meet. 
These requirements could be based on the requirements in ASTMF-400.
    2. Mandatory labeling rule. The Commission could issue a rule 
requiring specified warnings or instructions for cigarette lighters.
    3. Voluntary standard. If the Commission determined that ASTM F-400 
is adequate to address the risk of injury associated with the product 
and that substantial compliance with it is likely, the Commission could 
defer to the voluntary standard in lieu of issuing a mandatory rule.
    4. Reliance on recalls. Another alternative is for the Commission 
to take no regulatory action, but to pursue corrective actions of 
cigarette lighters on a case-by-case basis using its authority under 
section 15 of the CPSA, 15 U.S.C. 2064.

F. Existing Standards

    The Commission currently has a mandatory standard that applies to 
disposable and novelty cigarette lighters. 16 CFR part 1210. The 
standard prescribes requirements to make these lighters resistant to 
children younger than 5 years old.
    The Standard Consumer Safety Specification for Lighters (ASTM F-
400) was published in 1975. This is a voluntary standard. The standard 
establishes general safety requirements for all lighters. ASTM F-400 
includes requirements for a maximum flame height, proper flame 
extinction, maintaining structural integrity when the lighter is 
exposed to hot or cold temperatures, maintaining structural integrity 
after a ``drop'' test, and requirements for internal pressure and fuel 
levels. ASTM F-400 also includes safety labeling requirements and 
instructions for proper use. Hazards associated with explosions are 
addressed by requirements for pressure/volumetric displacement, flame 
control, and fuel leakage.
    There are international standards for lighters with requirements 
similar to those in ASTM F-400. The International Organization for 
Standardization (``ISO'') has published ISO 9994 Lighters, Safety 
Specifications, which has been adopted in many European countries. 
Compliance with ISO 9994 is also mandatory in Australia and New 
Zealand. Canada has requirements that are substantially the same as 
ASTM F-400 (Hazardous Products Regulations, SOR/89-514, P.C. 1989-2151, 
amended by SOR/91-251, P.C. 1995-827). Mexico does as well (NOM-090-
SCFI-1994). A mandatory safety standard with requirements based on ASTM 
F-400 could further the goal of harmonizing U.S. and international 
rules.
    The petitioner asserted that, due to the voluntary nature of ASTM 
F-400, many imported cigarette lighters do not conform to its 
requirements. The Commission has received some information from the 
petitioner and others in the industry concerning the level of 
compliance with the voluntary standard. Based on these submissions 
alone, the CPSC staff estimated in its briefing package that at least 
75 percent (665 million units) of lighters in the U.S. market are 
purported to conform to the requirements of ASTM F-400. At the 
September 14, 2004 public meeting, the petitioner asserted that the 
compliance level may be substantially less than that level. The 
Commission staff has not yet conducted its own study of the level of 
compliance with the ASTM standard. The staff intends to conduct such a 
study in order to obtain an accurate estimate of the level of 
compliance.

G. Public Comments on the Petition

    The Commission published a Federal Register notice asking for 
comments on the petition on January 17, 2002. 67 FR 2420. The 
Commission received a total of 16 comments on the petition. These are 
available from the Commission's Office of the Secretary.
    Fourteen comments supported the petition, one comment was neutral, 
and one comment opposed the petition. Many commenters reiterated the 
petitioner's statements that the ASTM standard has the force and effect 
of law in Canada and Mexico, and that failure to enforce the ASTM 
standard in the U.S. is creating an unreasonable risk of injury. 
Letters supporting the petition came from companies that distribute, 
import, and/or export cigarette lighters. One comment from several 
importers of Chinese lighters opposed the petition, stating that a 
mandatory safety standard is unnecessary.

H. Request for Information and Comments

    This ANPR is the first step of a proceeding that could result in a 
mandatory rule for cigarette lighters to address mechanical malfunction 
of lighters. All interested persons are invited to submit to the 
Commission their comments on any aspect of the alternatives discussed 
above. In accordance with section 9(a) of the CPSA, the Commission 
solicits:
    1. Written comments with respect to the risk of injury identified 
by the Commission, the regulatory alternatives being considered, and 
other possible alternatives for addressing the risk.
    2. Any existing standard or portion of a standard which could be 
issued as a proposed regulation.
    3. A statement of intention to modify or develop a voluntary 
standard to address the risk of injury discussed in this notice, along 
with a description of a plan (including a schedule) to do so.
    In addition, the Commission is interested in receiving information 
or test data concerning cigarette lighters' conformance to the 
requirements of ASTM F-400 (or similar safety standards).
    Comments should be e-mailed to [email protected]. and should be 
captioned ``ANPR for cigarette lighters.'' Comments may also be mailed, 
preferably in five copies, to the Office of the Secretary, Consumer 
Product Safety Commission, Washington, DC 20207-0001, or delivered to 
the Office of the Secretary, Consumer Product Safety Commission, Room 
502, 4330 East-West Highway, Bethesda, Maryland 20814; telephone (301) 
504-0800. Comments also may be filed by telefacsimile to (301) 504-
0127. All comments and submissions should be received no later than 
June 10, 2005.

    Dated: April 4, 2005.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.

List of Relevant Documents

    1. Briefing memorandum from Jacqueline Elder, CPSC, Assistant 
Executive Director, Office of Hazard Identification and Reduction and 
Rohit Khanna, Project Manager, Directorate for

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Engineering Sciences, to the Commission, May 27, 2004.
    2. Petition CP 02-1 from the Lighter Association, Inc. to Adopt 
ASTM F-400 as a Consumer Product Safety Standard, November 27, 2001.
    3. Memorandum from Charles L. Smith, CPSC, Directorate for Economic 
Analysis, ``Lighter Petition (Petition CP 02-1): Economic 
Considerations,'' March 10, 2004.
    4. Memorandum from Joe Vogel, CPSC, Office of Compliance, 
``Petition to Adopt ASTM F-400 for Cigarette Lighters as a Consumer 
Product Safety Standard under the Consumer Product Safety Act,'' 
February 26, 2004.
    5. Memorandum from Risana Chowdhury, CPSC, Division of Hazard 
Analysis, ``Hazards Associated with Cigarette Lighter Malfunctions,'' 
January 13, 2004.

[FR Doc. 05-7106 Filed 4-8-05; 8:45 am]
BILLING CODE 6355-01-P