[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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Rules and Regulations
Federal Register
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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.
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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