[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)]
[Rules and Regulations]
[Pages 62241-62242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26160]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
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  Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / 
Rules and Regulations  

[[Page 62241]]



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's safety standard for disposable and novelty 
lighters includes specified requirements for child resistance. The 
standard defines ``disposable lighters,'' in part, as refillable 
lighters that use butane or similar fuels that 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. This document revises the cigarette lighter 
standard to adjust the import value to $2.75.

DATES: The rule is effective December 3, 2018.

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: 

A. Background

    In 1993, the Commission issued a standard requiring 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.'' \1\ 58 FR 37584 (July 12, 1993).
---------------------------------------------------------------------------

    \1\ 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.''
---------------------------------------------------------------------------

    The standard adjusts the $2.00 threshold in accordance with 
inflation, with 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 the adjusted amount. 69 FR 19763 (April 14, 
2004). At that time, the reference to the Wholesale Price Index was 
also revised to refer instead to the Producer Price Index (PPI). No 
adjustment occurred in 2008. An adjustment occurred in 2013 (to $2.50) 
and the Commission revised the cigarette standard to reflect the 
adjusted amount. 78 FR 52679 (August 26, 2013).
    CPSC staff has calculated the PPI for Miscellaneous Fabricated 
Products to have increased by approximately 36 percent from June 1993 
to June 2018. Under 16 CFR 1210.2(b)(2)(ii), this increase in the PPI 
merits an adjustment in the Customs Value or ex-factory price to $2.75 
as the threshold for determining whether refillable lighters are within 
the scope of the cigarette lighter standard. The increase in the PPI 
(from 124.7 in June 1993 to 169.5 in June 2018) of approximately 36 
percent yielded an adjustment to $2.72 per lighter, which rounds to 
$2.75. Thus, refillable lighters with a Customs Value or ex-factory 
price under $2.75 are now 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 
properly adjusted $2.75 [c]ustoms [v]alue, and the public will have 
notice of the adjustment.

B. The Administrative Procedures 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 are 
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) * * *
    (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,

[[Page 62242]]

based on the change in that Index since June 1993, is $2.75.
* * * * *

Abioye E. Mosheim,
Acting Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2018-26160 Filed 11-30-18; 8:45 am]
 BILLING CODE 6355-01-P