[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Proposed Rules]
[Pages 64042-64043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26691]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1700

[Docket No. CPSC-2011-0048]


Petition Requesting Non-See-Through Packaging for Torch Fuel and 
Lamp Oil

AGENCY: U.S. Consumer Product Safety Commission.

ACTION: Comment request.

-----------------------------------------------------------------------

SUMMARY: The U.S. Consumer Product Safety Commission (``Commission'' or 
``we'') has received a petition (PP 11-1) requesting that the 
Commission initiate rulemaking to require special packaging for torch 
fuel and lamp oil to make it impossible to see the product when it is 
in the container. We are announcing a reopening of the comment period 
for 30 days.

DATES: The Office of the Secretary must receive comments on the 
petition by November 16, 2011.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2011-
0048, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    To ensure timely processing of comments, the Commission is no 
longer accepting comments submitted by electronic mail (e-mail), except 
through http://www.regulations.gov.

Written Submissions

    Submit written submissions in the following way:
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, to: Office of the Secretary, 
U.S. Consumer Product Safety Commission, Room 502, 4330 East West 
Highway, Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and petition number for this rulemaking. All comments received may be 
posted without change, including any personal identifiers, contact 
information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. Such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Rockelle Hammond, Office of 
theSecretary, U.S. Consumer Product Safety Commission, Room 820, 4330 
East West Highway, Bethesda, MD 20814; telephone (301) 504-6833.

SUPPLEMENTARY INFORMATION: In the Federal Register of July 26, 2011 (76 
FR 44506), we published a notice, stating that the Commission had 
received a submission from John L. Branum, Attorney at Law, on behalf 
of Bettsy Bumpas (``petitioner''), dated May 9, 2011, requesting that 
we initiate rulemaking to require torch fuel and lamp oil to be 
packaged in containers that are not see-through. The notice explained 
that we were docketing the request as a petition under the Poison 
Prevention Packaging Act (``PPPA''). 15 U.S.C. 1471-1477.
    The PPPA authorizes the Commission to issue requirements that 
certain household substances must be sold in child-resistant 
containers. 15 U.S.C. 1471-1477. Child-resistant packaging requirements 
currently apply to torch fuel and lamp oil. (More specifically, the 
child-resistant packaging requirements apply to ``kindling and/or 
illuminating preparations,'' which includes ``cigarette lighter fuel, 
charcoal lighter fuel, camping equipment fuel, torch fuel, and fuel for 
decorative and functional lanterns, which contain 10 percent or more by 
weight of petroleum distillates and have a viscosity of less than 100 
Saybolt universal seconds at 100[deg] Fahrenheit.'' 16 CFR 1700.14(7)). 
The PPPA does not authorize the Commission to prescribe specific 
packaging designs for household substances. 15 U.S.C. 1472(d). However, 
in the case of a

[[Page 64043]]

household substance for which special packaging (i.e., child-resistant 
packaging), is required, the Commission may prohibit the packaging of 
such substance in packages that it determines are unnecessarily 
attractive to children. Id. Therefore, in order to issuea rule 
requiring that torch fuel and lamp oil not be sold in see-through 
containers, the Commission would need to determine that the packaging 
is ``unnecessarily attractive'' to children.
    The petitioner asserts that certain petroleum distillates, 
including torch fuel and lamp oil, as currently packaged, resemble 
juice. The petitioner notes that because young children enjoy the taste 
of juice and are accustomed to drinking it regularly, packaging 
petroleum distillates in clear plastic bottles causes needless danger, 
as children may mistake it for juice.
    The petitioner states that ``the New Jersey Poison Information and 
Education System stated in June 2008 that four people were 
hospitalized, one was critically ill, and one killed due to torch oil 
being mistaken for apple juice.'' The petitioner also states that 
``from 2002 through 2009 the Annual Report of the American Association 
of Poison Control Centers' National Data System has chronicled the 
exposure of many young children to lamp oils, which includes torch 
fuels.'' The petitioner's son died after ingesting torch fuel from a 
clear plastic bottle.
    While torch fuel and lamp oil already are subject to child-
resistant packaging and labeling requirements under the PPPA and the 
Federal Hazardous Substances Act, the petitioner asserts that 
additional special packaging is necessary. Specifically, the petitioner 
requests that the CPSC initiate rulemaking ``that would require 
manufacturers of [torch fuel and lamp oils] to package the product in 
containers that make it impossible to see the product when in the 
container.'' The petitioner notes that this could be accomplished ``by 
packaging the fuel in a solid container or opaque plastic child-
resistant container or a metal container.''
    The notice that we published in the Federal Register of July 26, 
2011 (76 FR 44506) stated that we invited comments on the petition, and 
it informed interested parties how to obtain a copy of the petition. 
The notice indicated that the comment period would close on September 
26, 2011.
    Recently, counsel representing the petitioner contacted the 
Commission to request an extension of the comment period. We note that 
the docket for this proceeding, as of September 28, 2011, contains 
nearly 260 comments. Thus, given the interest in this subject, we are 
reopening the comment period for any interested parties until November 
16, 2011.
    Interested parties may obtain a copy of the petition by writing or 
calling the Office of the Secretary, U.S. Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; 
telephone (301) 504-7923.
    Copies of the petition are also available for inspection from 8:30 
a.m. to 5 p.m., Monday through Friday, in the Commission's Public 
Reading Room, Room 419, 4330 East West Highway, Bethesda, MD, or from 
our Web site at: http://www.cpsc.gov.

    Dated: October 11, 2011.
 Todd A. Stevenson,
 Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2011-26691 Filed 10-14-11; 8:45 am]
BILLING CODE 6355-01-P