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Federal Register / Vol. 70, No.

68 / Monday, April 11, 2005 / Proposed Rules 18339

program, the Commission is now 4. Controlled Substances CONSUMER PRODUCT SAFETY


announcing the continuation of the COMMISSION
program for fiscal year 2005. The Commission is reviewing the
regulation at 16 CFR 1700.14(a)(4) that 16 CFR Part 1214
B. The Regulations Undergoing Review requires child-resistant packaging for
oral drugs subject to the Comprehensive Safety Standard for Cigarette Lighters;
A summary of each of the regulations Advance Notice of Proposed
being reviewed in fiscal year 2005 is Drug Abuse Prevention and Control Act,
21 U.S.C. 801, et seq. (controlled drugs). Rulemaking; Request for Comments
provided below. The full text of the and Information
regulations may be accessed at: http:// The regulation was promulgated under
www.access.gpo.gov/nara/cfr/ authority of the PPPA in 1972, 37 FR AGENCY: Consumer Product Safety
waisidx_03/16cfrv2_03.html. 8433 (April 27, 1972). Commission.
C. Solicitation of Comments and ACTION: Advance notice of proposed
1. Safety Standards for Cigarette
Information rulemaking.
Lighters and Multi-Purpose Lighters
SUMMARY: Cigarette lighters may present
The safety standards for cigarette The Commission invites interested
an unreasonable risk of injury due to
lighters and multi-purpose lighters persons to submit comments on each of mechanical malfunction of some
appear at 16 CFR parts 1210 and 1212. the regulations being reviewed in the lighters. In November 2001, the
These rules were promulgated, fiscal year 2005 program. In particular, Commission received a petition from
respectively, in 1993 (cigarette lighters, commenters are asked to address: the Lighter Association, Inc. asking the
58 FR 37584) and 1999 (multi-purpose 1. Whether the regulation is Commission to adopt the voluntary
lighters, 64 FR 71872). Both safety ‘‘Standard Consumer Safety
consistent with CPSC program goals.
standards set child-resistance Specification for Lighters’’ (ASTM F–
requirements for lighters, designed to 2. Whether the regulation is
400) as a mandatory standard under the
impede their successful operation by consistent with other CPSC regulations.
Consumer Product Safety Act (‘‘CPSA’’).
children under age five. Both 3. Whether the regulation is current On November 30, 2004 the Commission
regulations were issued under the with respect to technology, economic, or voted to grant the petition. This advance
authority of the CPSA. market conditions, and other mandatory notice of proposed rulemaking
For the purposes of this regulatory or voluntary standards. (‘‘ANPR’’) initiates a rulemaking
review, both safety standards have two 4. Whether the regulation can be proceeding under the CPSA. One result
pertinent parts. Subpart A establishes streamlined to minimize regulatory of the proceeding could be issuance of
the basic requirements for child burdens, particularly any such burdens a rule requiring that cigarette lighters
resistance, including detailed child-test meet certain safety requirements. The
on small entities.
protocols. Subpart B outlines various Commission solicits written comments
certification, labeling, and For each regulation being reviewed, concerning the risks of injury associated
recordkeeping requirements. please provide any specific with the mechanical malfunction of
recommendations for change(s), if cigarette lighters, the regulatory
2. Requirements for Bicycles viewed as necessary, a justification for alternatives discussed in this notice,
The requirements for bicycles appear the recommended change(s), and, with other possible ways to address these
at 16 CFR part 1512. 43 FR 60034 respect to each suggested change, a risks, and the economic impacts of the
(December 22, 1978). The regulation statement of the way in which the various regulatory alternatives. The
includes a number of mechanical and change can be accomplished within the Commission also invites interested
other requirements intended to reduce statutory framework of the CPSA, persons to submit an existing standard,
the risk of injury from bicycles. Part FHSA, FFA, or PPPA, as applicable. or a statement of intent to modify or
1512 was promulgated under authority develop a voluntary standard, to address
Comments and other submissions
of the FHSA. the risk of injury described in this
should be captioned ‘‘Fiscal Year 2005
notice.
3. Standards for Surface Flammability Regulatory Review Project’’ and e-
mailed to cpsc-os@cpsc.gov or faxed to DATES: Written comments and
of Carpets and Rugs
(301) 504–0127. Comments or other submissions in response to this notice
The standards for surface submissions may also be mailed to the must be received by June 10, 2005.
flammability of carpets and rugs appear Office of the Secretary, Consumer ADDRESSES: Comments should be e-
at 16 FR parts 1630 and 1631. They Product Safety Commission, mailed to cpsc-os@cpsc.gov. Comments
were codified at those locations in 1975. Washington, DC 20207, or delivered to should be captioned ‘‘ANPR for
40 FR 59931 and 59935 (December 30, that office, Room 502, 4330 East-West Cigarette Lighters.’’ Comments may also
1975). The standards were originally be mailed, preferably in five copies, to
Highway, Bethesda, Maryland 20814.
issued in 1970 by the Department of the Office of the Secretary, Consumer
All comments and other submissions
Commerce. The standards establish Product Safety Commission,
must be received by June 10, 2005.
minimum standards for the surface Washington, DC 20207–0001, or
flammability of carpets and rugs when Dated: April 4, 2005. delivered to the Office of the Secretary,
exposed to a standard small source of Todd A. Stevenson, Consumer Product Safety Commission,
ignition, a burning methenamine tablet, Secretary, Consumer Product Safety Room 502, 4330 East-West Highway,
under prescribed conditions. Cleaning Commission. Bethesda, Maryland; telephone (301)
methods are also prescribed in the [FR Doc. 05–7105 Filed 4–8–05; 8:45 am] 504–0800. Comments also may be filed
standards for various carpet and rug by telefacsimile to (301) 504–0127.
BILLING CODE 6355–01–P
types to help assure permanence of any FOR FURTHER INFORMATION CONTACT:
flame retardant treatments. The Rohit Khanna, Directorate for
standards were issued under authority Engineering Sciences, Consumer
of the FFA. Product Safety Commission,

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18340 Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Proposed Rules

Washington, DC 20207; telephone (301) lighters. The staff searched the during this time period, these reports
504–7546 or e-mail: rkhanna@cpsc.gov. following five databases for data: the provide useful details about the
SUPPLEMENTARY INFORMATION: National Fire Incident Reporting System incidents.
(‘‘NFIRS’’), the National Electronic In 153 of these 256 incidents, there
A. Background Injury Surveillance System (‘‘NEISS’’), were no injuries. The remaining 103
In November 2001, the Commission the Death Certificates file (‘‘DTHS’’), the incidents resulted in injuries to 107
received a petition from the Lighter Injury or Potential Injury Incident file individuals. Three of these individuals
Association, Inc., Petition CP 02–1, (‘‘IPII’’) and the In-Depth Investigation died, six were hospitalized with serious
asking that the Commission issue a rule file (‘‘INDP’’). injuries, and the majority (88) were
to make the voluntary standard treated and released. The condition of
NFIRS Data the remaining individuals was not
‘‘Standard Consumer Product Safety
Specification for Lighters’’ (ASTM F– U.S. fire departments attended an reported. The deaths reported here were
400) a mandatory consumer product estimated 330 residential structure fires in addition to the deaths estimated
safety standard under the Consumer caused by cigarette lighter malfunctions through the NFIRS system. Where age
Product Safety Act (‘‘CPSA’’). The from 1994 to 1999. These fires resulted was reported, almost 66 percent of the
petitioner is a trade association in an estimated 90 injuries, 10 deaths, individuals were 15 through 64 years of
representing the major U.S. and $2.8 million in property damage. age. There were no injuries to children
manufacturers and distributors of under 5 years old reported.
NEISS Data The most frequent type of
cigarette lighters. The petitioner
NEISS is a statistical sampling of U.S. malfunction identified in the incidents
asserted that unreasonable risks of
hospital emergency rooms that is was explosion due to pressure or
injury are being created because
designed to capture injuries associated volumetric displacement. Malfunctions
imported lighters are not complying
with consumer products, while NFIRS due to pressure or volumetric
with the voluntary standard.
is a voluntary fire department system displacement led to all three deaths
The Commission published a notice
that tracks fire incidents in the U.S. reported in the IPII and INDP incidents.
in the Federal Register on January 17,
Because injuries related to cigarette Some other failures that resulted in
2002, requesting comments on the
lighter mechanical malfunctions are serious injury included fuel leakage
petition. 67 FR 2420. The Commission
often not associated with a fire resulting in ignition and flaring of the
received a total of 16 comments on the
reportable to NFIRS, the NEISS provides lighter.
petition. The Commission staff reviewed
a better estimate of these injuries than D. Relevant Statutory Provisions
the petition, the comments, and
does NFIRS.
available information and prepared a The petition was docketed under the
The most recent available NEISS data,
briefing package for the Commission CPSA, 15 U.S.C. 2051 et seq. Section 7
1997–2002, shows that during that six
(available at http://www.cpsc.gov). On of the CPSA authorizes the Commission
year period, an estimated 3,015
September 14, 2004, the Commission to issue consumer product safety
individuals were treated in hospital
held a public meeting at which the staff standards that consist of performance
emergency departments for injuries
briefed the Commission, and the requirements and/or requirements for
resulting from malfunctioning cigarette
Commission invited the public to warnings or instructions. Id. 2056(a).
lighters. Ninety-six percent of these
present comments on the petition. The CPSA also states that any
individuals were treated and released.
David H. Baker presented testimony on requirement of a consumer product
The majority (about 82 percent) of the
behalf of the petitioner, and Robert Polk safety standard must be ‘‘reasonably
injuries were thermal burns. The face,
presented testimony on behalf of the necessary to prevent or reduce an
hand, or fingers accounted for 80
National Association of State Fire unreasonable risk of injury associated
percent of the injured body parts.
Marshals. Both presenters supported with such product.’’ Id.
granting the petition. On November 30, Death Certificates File Section 9 of the CPSA specifies the
2004, the Commission voted 2–0 to For the period January 1, 1997 procedure the Commission follows to
grant the petition.1 through December 31, 2002, one death issue a consumer product safety
B. The Product was identified from the DTHS file that standard. The Commission commences
may have involved a cigarette lighter the rulemaking by issuing an ANPR
Cigarette lighters are flame producing malfunction. On March 10, 2001, a 76 which must identify the product and the
products commonly used to light year-old woman died from 3rd degree risk of injury, summarize regulatory
cigarettes, cigars and pipes. The burns over 90% of her body. The report alternatives, and invite comments or
Commission’s Directorate for Economic from the county sheriff’s office suggested standards from the public. Id.
Analysis estimates that total annual concluded that the victim either 2058(a). After considering any
sales of lighters are about 900 million accidentally ignited her clothing with comments submitted in response to the
units. According to U.S. Census Bureau the lighter while smoking or the lighter ANPR, the Commission will decide
data, in 2003, up to 776 million lighters sprayed fuel on her while she was whether to issue a proposed rule and a
were imported into the U.S. China lighting her cigarette. preliminary regulatory analysis in
accounted for 55 percent of the lighter accordance with section 9(c) of the
imports to the U.S. (420 million units) IPII and INDP Files CPSA. If a proposed rule is issued, the
in 2003. A total of 256 incidents related to Commission would then consider the
C. The Risk of Injury cigarette lighter malfunctions were comments received in response to the
identified from January 1, 1997 through proposed rule in deciding whether to
The staff reviewed available incident December 31, 2002 from sources issue a final rule and a final regulatory
data involving malfunctions of cigarette including newspaper clippings, analysis. 15 U.S.C. 2058(f).
1 Commissioner Thomas H. Moore filed a
consumer complaints, medical To issue a final rule, the Commission
statement, which is available from the
examiners’ reports, and CPSC in-depth must find that the rule is ‘‘reasonably
Commission’s Office of the Secretary or on the investigations. Although not a statistical necessary to eliminate or reduce an
Commission’s Web site at http://www.cpsc.gov. sample of all incidents that occurred unreasonable risk of injury associated

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Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Proposed Rules 18341

with such product’’ and that issuing the the lighter is exposed to hot or cold to enforce the ASTM standard in the
rule is in the public interest. Id. temperatures, maintaining structural U.S. is creating an unreasonable risk of
2058(f)(3)(A)&(B). In addition, if a integrity after a ‘‘drop’’ test, and injury. Letters supporting the petition
voluntary standard addressing the risk requirements for internal pressure and came from companies that distribute,
of injury has been adopted and fuel levels. ASTM F–400 also includes import, and/or export cigarette lighters.
implemented, the Commission must safety labeling requirements and One comment from several importers of
find that (1) the voluntary standard is instructions for proper use. Hazards Chinese lighters opposed the petition,
not likely to eliminate or adequately associated with explosions are stating that a mandatory safety standard
reduce the risk of injury, or that (2) addressed by requirements for pressure/ is unnecessary.
substantial compliance with the volumetric displacement, flame control,
and fuel leakage. H. Request for Information and
voluntary standard is unlikely. Id.
There are international standards for Comments
2058(f)(3)(D). The Commission also
must find that expected benefits of the lighters with requirements similar to This ANPR is the first step of a
rule bear a reasonable relationship to its those in ASTM F–400. The International proceeding that could result in a
costs and that the rule imposes the least Organization for Standardization mandatory rule for cigarette lighters to
burdensome requirements that would (‘‘ISO’’) has published ISO 9994 address mechanical malfunction of
adequately reduce the risk of injury. Id. Lighters, Safety Specifications, which lighters. All interested persons are
2058(f)(3)(E)&(F). has been adopted in many European invited to submit to the Commission
countries. Compliance with ISO 9994 is their comments on any aspect of the
E. Regulatory Alternatives also mandatory in Australia and New alternatives discussed above. In
One or more of the following Zealand. Canada has requirements that accordance with section 9(a) of the
alternatives could be used to reduce the are substantially the same as ASTM F– CPSA, the Commission solicits:
identified risks associated with 400 (Hazardous Products Regulations, 1. Written comments with respect to
mechanical malfunctions of cigarette SOR/89–514, P.C. 1989–2151, amended the risk of injury identified by the
lighters. by SOR/91–251, P.C. 1995–827). Mexico Commission, the regulatory alternatives
1. Mandatory standard. The does as well (NOM–090–SCFI–1994). A being considered, and other possible
Commission could issue a rule mandatory safety standard with alternatives for addressing the risk.
specifying certain performance requirements based on ASTM F–400 2. Any existing standard or portion of
requirements that cigarette lighters must could further the goal of harmonizing a standard which could be issued as a
meet. These requirements could be U.S. and international rules. proposed regulation.
based on the requirements in ASTMF– The petitioner asserted that, due to 3. A statement of intention to modify
400. the voluntary nature of ASTM F–400, or develop a voluntary standard to
2. Mandatory labeling rule. The many imported cigarette lighters do not address the risk of injury discussed in
Commission could issue a rule requiring conform to its requirements. The this notice, along with a description of
specified warnings or instructions for Commission has received some a plan (including a schedule) to do so.
cigarette lighters. information from the petitioner and In addition, the Commission is
3. Voluntary standard. If the others in the industry concerning the interested in receiving information or
Commission determined that ASTM F– level of compliance with the voluntary test data concerning cigarette lighters’
400 is adequate to address the risk of standard. Based on these submissions conformance to the requirements of
injury associated with the product and alone, the CPSC staff estimated in its ASTM F–400 (or similar safety
that substantial compliance with it is briefing package that at least 75 percent standards).
likely, the Commission could defer to (665 million units) of lighters in the U.S. Comments should be e-mailed to
the voluntary standard in lieu of issuing market are purported to conform to the cpsc-os@cpsc.gov. and should be
a mandatory rule. requirements of ASTM F–400. At the captioned ‘‘ANPR for cigarette lighters.’’
4. Reliance on recalls. Another September 14, 2004 public meeting, the Comments may also be mailed,
alternative is for the Commission to take petitioner asserted that the compliance preferably in five copies, to the Office of
no regulatory action, but to pursue level may be substantially less than that the Secretary, Consumer Product Safety
corrective actions of cigarette lighters on level. The Commission staff has not yet Commission, Washington, DC 20207–
a case-by-case basis using its authority conducted its own study of the level of 0001, or delivered to the Office of the
under section 15 of the CPSA, 15 U.S.C. compliance with the ASTM standard. Secretary, Consumer Product Safety
2064. The staff intends to conduct such a Commission, Room 502, 4330 East-West
study in order to obtain an accurate Highway, Bethesda, Maryland 20814;
F. Existing Standards
estimate of the level of compliance. telephone (301) 504–0800. Comments
The Commission currently has a
mandatory standard that applies to G. Public Comments on the Petition also may be filed by telefacsimile to
disposable and novelty cigarette The Commission published a Federal (301) 504–0127. All comments and
lighters. 16 CFR part 1210. The standard Register notice asking for comments on submissions should be received no later
prescribes requirements to make these the petition on January 17, 2002. 67 FR than June 10, 2005.
lighters resistant to children younger 2420. The Commission received a total Dated: April 4, 2005.
than 5 years old. of 16 comments on the petition. These Todd A. Stevenson,
The Standard Consumer Safety are available from the Commission’s Secretary, Consumer Product Safety
Specification for Lighters (ASTM F–400) Office of the Secretary. Commission.
was published in 1975. This is a Fourteen comments supported the
voluntary standard. The standard petition, one comment was neutral, and List of Relevant Documents
establishes general safety requirements one comment opposed the petition. 1. Briefing memorandum from
for all lighters. ASTM F–400 includes Many commenters reiterated the Jacqueline Elder, CPSC, Assistant
requirements for a maximum flame petitioner’s statements that the ASTM Executive Director, Office of Hazard
height, proper flame extinction, standard has the force and effect of law Identification and Reduction and Rohit
maintaining structural integrity when in Canada and Mexico, and that failure Khanna, Project Manager, Directorate for

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18342 Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Proposed Rules

Engineering Sciences, to the Administration, Office of Bridge the proposed rule included an alternate
Commission, May 27, 2004. Technology, HIBT–30, 400 Seventh program. Through this program, States
2. Petition CP 02–1 from the Lighter Street, SW., Washington, DC 20590– would have the flexibility to select
Association, Inc. to Adopt ASTM F–400 0001 or Mr. Robert Black, Office of the projects involving eligible activities on
as a Consumer Product Safety Standard, Chief Counsel, HCC–30, (202) 366–1359, any bridge, irrespective of the eligibility
November 27, 2001. Federal Highway Administration, 400 criteria under the traditional program,
3. Memorandum from Charles L. Seventh Street, SW., Washington, DC given that an approved bridge
Smith, CPSC, Directorate for Economic 20590–0001. Office hours are from 7:45 management system (BMS) and/or
Analysis, ‘‘Lighter Petition (Petition CP a.m. to 4:15 p.m. e.t., Monday through systematic process was employed.
02–1): Economic Considerations,’’ Friday, except Federal holidays. Guidance for the approval of bridge
March 10, 2004. SUPPLEMENTARY INFORMATION: management systems and for the
4. Memorandum from Joe Vogel, development of a systematic process
Electronic Access was provided as supplemental
CPSC, Office of Compliance, ‘‘Petition
to Adopt ASTM F–400 for Cigarette An electronic copy of this document documents on the docket for public
Lighters as a Consumer Product Safety may be downloaded by using a modem review. Development and
Standard under the Consumer Product and suitable communications software implementation of a bridge performance
Safety Act,’’ February 26, 2004. from the Government Printing Office’s plan was proposed as a prerequisite for
5. Memorandum from Risana Electronic Bulletin Board Service at use of the alternate program.
Chowdhury, CPSC, Division of Hazard (202) 512–1661. Internet users may also
Comments Received in Response to the
Analysis, ‘‘Hazards Associated with reach the Federal Register’s home page
ANPRM and NPRM
Cigarette Lighter Malfunctions,’’ January at: http://www.archives.gov and the
13, 2004. Government Printing Office’s database The FHWA received 41 sets of
at http://www.gpoaccess.gov/nara/. comments in response to the ANPRM
[FR Doc. 05–7106 Filed 4–8–05; 8:45 am] from 31 State Departments of
BILLING CODE 6355–01–P Background Transportation, 1 Federal Agency, 3
Section 204 of the Federal-aid Counties, 1 Private Citizen, 2 Trade
Highway Act of 1970 (Pub. L. 91–605, Associations and 1 Public Interest
DEPARTMENT OF TRANSPORTATION 84 Stat. 1713, Dec. 31, 1970) established Group. The majority of these
the Special Bridge Replacement commenters believed that the HBRRP
Federal Highway Administration Program (SBRP) codified in 23 U.S.C. regulation should be revised. The
144. Through subsequent legislation, the comments received were summarized
23 CFR Part 650 SBRP was expanded to create the and discussed in detail in the NPRM.
Highway Bridge Replacement and In response to the NPRM, the FHWA
[FHWA Docket No. FHWA–2001–9182] Rehabilitation Program (HBRRP) received 25 sets of comments from 15
RIN 2125–AE75 applicable for both on and off-system State Departments of Transportation, 4
structures. The FHWA has recognized Counties, 1 City, 3 Trade Associations,
Highway Bridge Program that the current regulation is in need of 1 Public Interest Group and 1 Private
revision to incorporate and clarify past Citizen.
AGENCY: Federal Highway policies as well as accommodate the Four commenters suggested that the
Administration (FHWA), DOT. flexibility allowed by law to enable name be changed to something other
ACTION: Withdrawal of proposed State and local governments to manage than the Highway Bridge Program (HBP)
rulemaking and closing of public their bridge assets in the most effective or the Highway Bridge Replacement and
docket. manner. Accordingly, the FHWA Rehabilitation Program (HBRRP). The
published an advanced notice of National Association of County
SUMMARY: This document withdraws a proposed rulemaking (ANPRM) on Engineers (NACE), the Illinois
proposed rulemaking action developed September 26, 2001 (66 FR 49152), Association of County Engineers (IACE)
to revise the regulations governing the requesting public comments on the and the Illinois DOT suggested changes
highway bridge replacement and current regulation. A team of Federal to avoid confusion between the HBP
rehabilitation program (HBRRP). The Highway Administration engineers and other Federal programs. Alcona
FHWA proposed to clarify ambiguous addressed the comments received and a County, Michigan, expressed concern
language, incorporate long-standing notice of proposed rulemaking (NPRM) that the name change would diminish
FHWA policies, and provide flexibility was published on June 21, 2004 (69 FR the priority of replacement and
by including an alternate program 34314). rehabilitation.
applicable to all bridges, both on and off The NRPM proposed to change the Commenters from DOTs, NACE,
the Federal-aid system. However, during name of the program from the Highway IACE, and several County Highway
the comment period, we received Bridge Replacement and Rehabilitation Departments suggested changes to the
comments questioning the legal Program (HBRRP) to the Highway definitions. Suggestions were made to
authority for the alternative program as Bridge Program (HBP) reflecting modify or enhance the definitions for:
well as the quantitative benefits and program flexibility provided through Bridge, Cost Effective, Rehabilitation,
impacts of the program. To evaluate highway legislation and increasing Eligible Highway Bridge, Bridge
these questions and issues, the FHWA is emphasis on preventative maintenance. Management System, Construction Unit
withdrawing the proposed rulemaking Definitions were added to the legislation Cost, Bridge Performance Goals, Bridge
and intends to consider establishment of to address past ambiguities. Eligible and Performance Plan, and Systematic
a special experimental program to ineligible activities were specified in the Process.
quantitatively evaluate the benefits of proposed regulation and guidance was Commenters from several State
the approach proposed in the alternative provided on the types of bridges to DOT’s, the American Association of
program. which the eligible and ineligible State Highway and Transportation
FOR FURTHER INFORMATION CONTACT: Mr. activities could be applied. To take Officials (AASHTO), NACE, and several
Thomas Everett, Federal Highway advantage of project selection flexibility, County Highway Agencies suggested

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