Multi-Purpose Lighters; Request for Additional Comment

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1212

Multi-Purpose Lighters; Request for Additional Comment

AGENCY: Consumer Product Safety Commission.

ACTION: Supplemental Notice of proposed rulemaking.

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SUMMARY: The U.S. Consumer Product Safety Commission (``CPSC'' or

``Commission'') previously proposed a rule that would require multi-

purpose lighters to resist operation by children under age 5. 63 FR

52397 (September 30, 1998); see also 63 FR at 52394; 63 FR 69030

(December 15, 1998). In that proposal, the degree of child resistance

is measured by a test with a panel of children to see how many can

operate a multi-purpose lighter that has its on/off switch in the off,

or locked, position. In this notice, the Commission proposes that the

child-panel tests instead be conducted with the on/off switch in the

on, or unlocked, position. This will provide additional protection when

the users of the lighters do not return the switch to the off position

after use. The Commission solicits written and oral comments on this

change. Comments must be limited to issues raised by the changed

requirement in this document.

DATES: The Commission must receive any written comments in response to

this proposal by October 18, 1999. If the Commission receives a request

for oral presentation of comments, the presentation will begin at 10

a.m., September 15, 1999, in Room 420 in the Commission's offices at

4330 East-West Highway, Bethesda, MD 20814.

The Commission must receive requests to present oral comments by

September 1, 1999. Persons requesting an oral presentation must file a

written text of their presentations no later than September 8, 1999.

ADDRESSES: Written comments, and requests to make oral presentations of

comments, should be mailed, preferably in five copies, to the Office of

the Secretary, Consumer Product Safety Commission, Washington, D.C.

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 or by email to [email protected].

Written comments should be captioned ``NPR for Multi-Purpose

Lighters.'' Requests to make oral presentations and texts of

presentations should be captioned ``Oral Comment; NPR for Multi-Purpose

Lighters.''

FOR FURTHER INFORMATION CONTACT:

Concerning the substance of the proposed rule: Barbara Jacobson,

Project Manager, Directorate for Health Sciences, Consumer Product

Safety Commission, Washington, D.C. 20207-0001; telephone (301) 504-

0477, ext. 1206; email [email protected].

Concerning requests and procedures for oral presentations of comments:

Rockelle Hammond, Docket Control and Communications Specialist,

Consumer Product Safety Commission, Washington, DC 20207; telephone:

(301) 504-0800 ext. 1232. Information about this rulemaking proceeding

may also be found on the Commission's web site: www.cpsc.gov.

SUPPLEMENTARY INFORMATION:

A. Discussion

The Commission previously proposed a rule under the Consumer

Product Safety Act (``CPSA'') that would require multi-purpose lighters

to resist operation by children under age 5. 63 FR 52397 (September 30,

1998); see also 63 FR at 52394; 63 FR 69030 (December 15, 1998). As

proposed, multi-purpose

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lighters, which are also known as grill lighters, fireplace lighters,

utility lighters, micro-torches, or gas matches, are defined as: hand-

held, self-igniting, flame-producing products that operate on fuel and

are used by consumers to ignite items such as candles, fuel for

fireplaces, charcoal or gas-fired grills, camp fires, camp stoves,

lanterns, fuel-fired appliances or devices, or pilot lights, or for

uses such as soldering or brazing. See proposed 16 CFR 1212.2(a)(1).

The term does not include cigarette lighters (which are subject to the

Safety Standard for Cigarette Lighters, 16 CFR 1210.2(c)), devices that

contain more than 10 oz. of fuel, and matches. Id. The proposal also

would require that the child-resistant mechanism automatically return

to the child-resistant condition either (1) when or before the user

lets go of the lighter or (2), for multi-purpose lighters that remain

lit after the users have let go, when or before the user lets go of the

lighter after turning off the flame. Id. at Sec. 1212.3(b)(3).

In the previous proposal, the degree of child resistance of a

multi-purpose lighter is measured by a test with a panel of children to

see how many can operate the lighter. That test provides that during

testing for child-resistance, multi-purpose lighters with an on/off

switch will be tested with the switch in the off, or locked, position.

Id. at Sec. 1212.4(f)(1).

On/off switches block the operating mechanism of the lighter when

in the off, or locked, position. The mechanism is released when the

switch is in the on, or unlocked, position. In currently marketed

lighters, the switch does not automatically reset to the locked

position when the lighter is operated. During testing to determine the

baseline child-resistance of currently marketed (non-child-resistant)

multi-purpose lighters, the CPSC staff tested four lighters, having on/

off switches, with the switch in the locked position. Children who were

able to operate the lighters moved the switch to the unlocked position

and pulled the trigger. The child-resistance of the lighters so tested

ranged from 24 to 41 percent, well below the proposed requirement of 85

percent. The lighter with a child-resistance level of 41 percent was

retested with the switch unlocked, and its child-resistance level

dropped to 12 percent.

In its December 1998 comments on the proposal, BIC states that many

consumers will leave the lighter in the unlocked position. Further, BIC

points out that a manufacturer could design a lighter with an on/off

switch that is very difficult for a child to unlock, and with a very

simple child-resistance mechanism which, in itself, would not meet the

85 percent child-resistance requirement. BIC therefore contends that

multi-purpose lighters with on/off switches should be tested with the

switch in the unlocked position.

The Commission concurs with BIC's recommended modification to the

test protocol. Testing lighters with the switches in the locked

position treats the switch as part of the child-resistance mechanism.

On/off switches are not adequate to serve this purpose. First, as the

Commission's baseline testing demonstrated, most children in the panel

age group (42 to 51 months old) can operate the switches, which are

similar to those used on many types of toys. Second, when practical,

safety devices should function automatically. When in the locked

position, the switch may help delay or deter some proportion of

children. This protection, however, is not reliable. To provide this

protection, intended users must return the switch to the off position

every time the lighter is used. For a variety of reasons, even the most

careful adults may fail to return the switch to the off position. Thus,

as BIC points out, test results for lighters tested with the switch in

the locked position may not reflect the true child-resistance of the

product as actually used by consumers. Therefore, the Commission now

proposes that the test protocol should require that lighters with on/

off switches that do not automatically reset to the off position be

tested with the switch in the on, or unlocked, position. This change is

consistent with the requirement in the original proposal that the

child-resistant mechanism automatically reset to its protective

condition after the lighter is used.

B. Preliminary Regulatory Analysis

The CPSA requires the Commission to publish a preliminary

regulatory analysis of the proposed rule. This includes a discussion of

the likely benefits and costs of the proposed rule and its reasonable

alternatives. The Commission's preliminary regulatory analysis was

published in the September 30, 1998, proposal. The changed requirement

proposed in this notice does not significantly affect the results of

that analysis. To the extent that lighters accessible to children are

stored in the unlocked position, and thereby reduce the lighters' child

resistance, there would be an increase in the expected benefits as a

result of this change.

The preliminary regulatory analysis was based on the costs of

developing cigarette lighters with child-resistant mechanisms.

Generally, cigarette lighters do not have on/off switches separate from

the child-resistance mechanism (and thus, under the cigarette lighter

standard, are required to reset automatically after each actuation of

the lighting mechanism). Accordingly, the Commission's cost estimates

in the regulatory analysis did not assume that multi-purpose lighters

would have on/off switches separate from the resetting child-resistance

feature. Therefore, the change proposed in this notice is in line with

the cost estimates the staff already has made.

CPSC baseline testing shows that more children are unable to

operate a non-child-resistant multi-purpose lighter if the on/off

switch is in the off position than if the switch is in the on position.

Thus, it is possible that some models of multi-purpose lighters would

fail the certification tests unless the tests were conducted with the

on/off switch initially in the off position. Changing the protocol may,

therefore, adversely impact manufacturers whose initial child-resistant

designs were only marginally effective. However, the preliminary

regulatory analysis already considered that some manufacturers may need

to revise their designs if their initial attempts to certify their

multi-purpose lighters fail. Thus, these costs have already been

accounted for in the preliminary regulatory analysis.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980 requires the Commission to

address and give particular attention to the economic effects of the

proposed rule on small entities. The original proposal's preliminary

regulatory flexibility analysis examined the potential effects of the

proposed rule on small entities. As explained above, the change

proposed in this notice is likely to have only small changes in the

costs and benefits of the final rule. Accordingly, this new requirement

does not significantly change the preliminary regulatory flexibility

analysis.

D. Preliminary Environmental Assessment

The proposed rule is not expected to have a significant effect on

the materials used in the production and packaging of multi-purpose

lighters, or in the number of units discarded after the rule becomes

effective. Therefore, no significant environmental effects would result

from the proposed mandatory rule for multi-purpose lighters.

E. Opportunities for Comment

Written comments limited to the issues raised by the additional

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requirement proposed in this notice may be submitted until October 18,

1999. There also will be an opportunity for interested parties to

present oral comments on these issues on September 15, 1999. See the

information under the headings DATES and ADDRESSES at the beginning of

this notice. Any oral comments will be part of the rulemaking record.

Persons presenting oral comments should limit their presentations

to approximately 10 minutes, exclusive of any periods of questioning by

the Commissioners or the CPSC staff. The Commission reserves the right

to further limit the time for any presentation and to impose

restrictions to avoid excessive duplication of presentations.

F. Extension of Time To Issue Final Rule

Section 9(d)(1) of the CPSA, 15 U.S.C. 2058(d)(1), provides that a

final consumer product safety rule must be published within 60 days of

publication of the proposed rule unless the Commission extends the 60-

day period for good cause and publishes its reasons for the extension

in the Federal Register. The Commission previously extended the time

for issuing a final rule until June 30, 1999. 63 FR 52415.

This reproposal requires another extension of the time to issue a

final rule. After the comment period ends on October 18, 1999, the

CPSC's staff will need to address the comments and complete a briefing

package for the Commission. The Commission is likely to then be

briefed, and will later vote on whether to issue a final rule. The

Commission expects that this additional work will take about 5 months.

Accordingly, the Commission extends the time by which it must either

issue a final rule or withdraw the NPR until December 31, 1999. If

necessary, this date may be further extended.

Effective date. This reproposal does not require any change in the

originally proposed effective date of 1 year after the date a final

rule is issued.

List of Subjects in 16 CFR Part 1212

Consumer protection, Fire prevention, Hazardous materials, Infants

and children, Labeling, Packaging and containers, Reporting and

recordkeeping requirements.

In the Federal Register of September 30, 1998 (63 FR 52397) the

Commission proposed to amend Title 16, Chapter II, Subchapter B, of the

Code of Federal Regulations. For the reasons set out in the preamble,

the Commission proposes the following change to that proposal, as set

forth below.

PART 1212--SAFETY STANDARD FOR MULTI-PURPOSE LIGHTERS

1. The authority citation for part 1212 continues to read as

follows:

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

2. The note in Sec. 1212.4(f)(1) is revised to read as follows:

Sec. 1212.4 Test protocol.

* * * * *

(F) * * *

(1) * * *

Note: For multi-purpose lighters with an ``on/off'' switch that

does not automatically reset to the ``off'' position in accordance

with Sec. 1212.3(b)(3), the surrogate lighter shall be given to the

child with the switch in the ``on,'' or unlocked, position.

* * * * *

Dated: July 28, 1999.

Sadye E. Dunn,

Secretary, Consumer Product Safety Commission.

[FR Doc. 99-19937 Filed 8-3-99; 8:45 am]

BILLING CODE 6355-01-P