[Federal Register Volume 78, Number 165 (Monday, August 26, 2013)]
[Rules and Regulations]
[Pages 52679-52680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20747]



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  Federal Register / Vol. 78, No. 165 / Monday, August 26, 2013 / Rules 
and Regulations  

[[Page 52679]]



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.

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

SUMMARY: The Commission has a safety standard requiring that disposable 
and novelty lighters meet specified requirements for child resistance. 
The standard 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 in 
1993). 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 monthly Producer Price Index (PPI) for Miscellaneous 
Fabricated Products. The adjustment is rounded to the nearest $0.25 
increment. The price adjusted in November 2003, when changes in the PPI 
from June 1993 to June 2003 indicated a revised Customs Value or ex-
factory price of $2.25. Due to an increase in the PPI, the Customs 
Value or ex-factory price has recently adjusted to $2.50. This rule 
revises the cigarette lighter standard to state that the import value 
has adjusted to $2.50 based on the change to the PPI.

DATES: This rule is effective August 26, 2013.

FOR FURTHER INFORMATION CONTACT: Julio Alvarado, Office of Compliance, 
Consumer Product Safety Commission, Washington, DC 20207; telephone 
(301) 504-7418; email: [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, as originally written, defines ``disposable lighters'' as 
those that are either: (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.'' 58 FR 37584 (July 12, 1993). The name of the Wholesale Price 
Index has changed to the Producer Price Index (PPI). The specific PPI 
that includes cigarette lighters is the PPI for ``Miscellaneous 
Fabricated Products.''
    Thus, the standard provides for the $2.00 threshold to adjust in 
accordance with inflation and for the adjustment to be rounded to the 
nearest 25 cents. Adjustment did not occur in 1998 because the change 
in the PPI since June 1993 was not sufficient to warrant an adjustment. 
Adjustment did occur in 2003 (to $2.25). Accordingly, the Commission 
revised the cigarette standard to state the adjusted amount. 69 FR 
19763 (April 14, 2004). At that time, we also revised the reference to 
the Wholesale Price Index to refer instead to the Producer Price Index. 
No adjustment was made in 2008.
    CPSC staff has calculated that the PPI for Miscellaneous Fabricated 
Products increased by approximately 29 percent from June 1993 to June 
2013, as finalized in July 2013. Under section 1210.2(b)(2)(ii), this 
increase in the PPI merits an adjustment in the Customs Value or ex-
factory price to $2.50 as the threshold for determining whether 
refillable lighters are within the scope of the cigarette lighter 
standard. The approximately 29 percent increase in the PPI (from 124.7 
in June 1993 to 160.9 in June 2013) yielded an adjustment to $2.58 per 
lighter, which rounds to $2.50. Thus, refillable lighters with a 
Customs Value or ex-factory price under $2.50 are subject to the 
standard.
    As the cigarette lighter standard is written, the Customs Value or 
ex-factory price adjusts automatically based on the PPI, and no change 
in the language of the rule is required to implement this change. 
However, we are revising the standard so that the CFR will state the 
appropriately adjusted $2.50 [c]ustoms [v]alue and the public will have 
notice of the adjustment.

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 informs the public of an adjustment to the cigarette 
lighter regulatory standard that has occurred automatically according 
to the terms of the cigarette lighter regulation. Because the 
adjustment occurs by terms of the regulation, the Commission could not 
alter the adjustment based on any public comments the Commission 
received. 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 already 
has occurred in accordance with the existing regulatory requirements of 
the cigarette lighter standard.

List of Subjects in 16 CFR Part 1210

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

    Accordingly, 16 CFR part 1210 is amended as follows:

PART 1210--SAFETY STANDARD FOR CIGARETTE LIGHTERS

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

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


0
2. Revise Sec.  1210.2(b)(2)(ii) to read as follows:


Sec.  1210.2  Definitions.

* * * * *
    (b) * * *
    (2) * * *

[[Page 52680]]

    (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 July 2013, is $2.50.
* * * * *

    Dated: August 21, 2013.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2013-20747 Filed 8-23-13; 8:45 am]
BILLING CODE 6355-01-P