83 FR 62241 - Safety Standard for Cigarette Lighters; Adjusted Customs Value for Cigarette Lighters

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 83, Issue 232 (December 3, 2018)

Page Range		62241-62242
FR Document		2018-26160

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.

Federal Register, Volume 83 Issue 232 (Monday, December 3, 2018)

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



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


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.

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

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

62241

Rules and Regulations Federal Register
Vol. 83, No. 232

Monday, December 3, 2018

This section of the FEDERAL REGISTER Wholesale Price Index from June unnecessary, or contrary to the public
contains regulatory documents having general 1993.’’ 1 58 FR 37584 (July 12, 1993). interest.’’ This amendment informs the
applicability and legal effect, most of which The standard adjusts the $2.00 public of an adjustment to the cigarette
are keyed to and codified in the Code of threshold in accordance with inflation, lighter regulatory standard that has
Federal Regulations, which is published under with the adjustment to be rounded to occurred automatically according to the
50 titles pursuant to 44 U.S.C. 1510.
the nearest 25 cents. Adjustment did not terms of the cigarette lighter regulation.
The Code of Federal Regulations is sold by occur in 1998 because the change in the Because the adjustment occurs by terms
the Superintendent of Documents. PPI since June 1993 was not sufficient of the regulation, the Commission could
to warrant an adjustment. Adjustment not alter the adjustment based on any
did occur in 2003 (to $2.25). public comments the Commission
CONSUMER PRODUCT SAFETY Accordingly, the Commission revised received. Accordingly, the Commission
COMMISSION the cigarette standard to the adjusted finds that notice and comment are
amount. 69 FR 19763 (April 14, 2004). unnecessary.
16 CFR Part 1210 At that time, the reference to the The APA also authorizes an agency,
Wholesale Price Index was also revised ‘‘for good cause found and published
Safety Standard for Cigarette Lighters; to refer instead to the Producer Price
Adjusted Customs Value for Cigarette with the rule,’’ to dispense with the
Index (PPI). No adjustment occurred in otherwise applicable requirement that a
Lighters 2008. An adjustment occurred in 2013 rule be published in the Federal
(to $2.50) and the Commission revised Register at least 30 days before its
AGENCY:Consumer Product Safety the cigarette standard to reflect the
Commission. effective date. 5 U.S.C. 553(d)(3). The
adjusted amount. 78 FR 52679 (August Commission hereby finds that a 30-day
ACTION: Final rule. 26, 2013). delay of the effective date is
CPSC staff has calculated the PPI for unnecessary because this amendment
SUMMARY: The Commission’s safety Miscellaneous Fabricated Products to informs the public of an adjustment that
standard for disposable and novelty have increased by approximately 36 already has occurred in accordance with
lighters includes specified requirements percent from June 1993 to June 2018. the existing regulatory requirements of
Under 16 CFR 1210.2(b)(2)(ii), this the cigarette lighter standard.
for child resistance. The standard
increase in the PPI merits an adjustment
defines ‘‘disposable lighters,’’ in part, as
in the Customs Value or ex-factory price List of Subjects in 16 CFR Part 1210
refillable lighters that use butane or
to $2.75 as the threshold for
similar fuels that have a Customs Value determining whether refillable lighters Cigarette lighters, Consumer
or ex-factory price below a threshold are within the scope of the cigarette protection, Fire prevention, Hazardous
value (initially set at $2.00 in 1993). The lighter standard. The increase in the PPI materials, Infants and children,
standard provides that the initial $2.00 (from 124.7 in June 1993 to 169.5 in Labeling, Packaging and containers,
value adjusts every 5 years for inflation. June 2018) of approximately 36 percent Reporting and recordkeeping
This document revises the cigarette yielded an adjustment to $2.72 per requirements.
lighter standard to adjust the import lighter, which rounds to $2.75. Thus, Accordingly, 16 CFR part 1210 is
value to $2.75. refillable lighters with a Customs Value amended as follows:
DATES: The rule is effective December 3, or ex-factory price under $2.75 are now
2018. subject to the standard. PART 1210—SAFETY STANDARD FOR
As the cigarette lighter standard is CIGARETTE LIGHTERS
FOR FURTHER INFORMATION CONTACT: Julio written, the Customs Value or ex-factory
Alvarado, Office of Compliance, price adjusts automatically based on the ■ 1. The authority citation for part 1210
Consumer Product Safety Commission, PPI, and no change in the language of continues to read as follows:
Washington, DC 20207; telephone (301) the rule is required to implement this
504–7418; email: jalvarado@cpsc.gov. change. However, we are revising the Authority: 15 U.S.C. 2056, 2058, 2079(d).
standard so that the CFR will state the ■ 2. Revise § 1210.2(b)(2)(ii) to read as
SUPPLEMENTARY INFORMATION:
properly adjusted $2.75 [c]ustoms follows:
A. Background [v]alue, and the public will have notice
of the adjustment. § 1210.2 Definitions.
In 1993, the Commission issued a
B. The Administrative Procedures Act * * * * *
standard requiring disposable and
novelty lighters to meet certain Section 553(b)(3)(B) of the (b) * * *
requirements for child resistance. The Administrative Procedure Act (APA) (2) * * *
standard, as originally written, defines authorizes an agency to dispense with (ii) It has a Customs Valuation or ex-
khammond on DSK30JT082PROD with RULES

‘‘disposable lighters’’ as those that are notice and comment procedures when factory price under $2.00, as adjusted
either: (1) Non-refillable, or (2) use the agency, for good cause, finds that every 5 years, to the nearest $0.25, in
butane or similar fuels and have ‘‘a those procedures are ‘‘impracticable, accordance with the percentage changes
Customs Valuation or ex-factory price in the appropriate monthly Producer
1 The name of the Wholesale Price Index has
under $2.00, as adjusted every 5 years, Price Index (Producer Price Index for
changed to the Producer Price Index (PPI). The
to the nearest $0.25, in accordance with specific PPI that includes cigarette lighters is the Miscellaneous Fabricated Products)
the percentage changes in the monthly PPI for ‘‘Miscellaneous Fabricated Products.’’ from June 1993. The adjusted figure,

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62242 Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations

based on the change in that Index since ACTION: Final rule. certain publications listed in this rule is
June 1993, is $2.75. approved by the Director of the Federal
SUMMARY: The Federal Energy Register as of February 1, 2019.
* * * * * Regulatory Commission is amending its
Abioye E. Mosheim, regulations to incorporate by reference, FOR FURTHER INFORMATION CONTACT:
Acting Secretary, U.S. Consumer Product with certain enumerated exceptions, the Stanley Wolf (technical issues), Office
Safety Commission. latest version (Version 3.1) of business of Energy Policy and Innovation,
[FR Doc. 2018–26160 Filed 11–30–18; 8:45 am] practice standards adopted by the Federal Energy Regulatory Commission,
BILLING CODE 6355–01–P
Wholesale Gas Quadrant of the North 888 First Street NE, Washington, DC
American Energy Standards Board 20426, (202) 502–6841, stanley.wolf@
(NAESB) applicable to natural gas ferc.gov.
pipelines in place of the currently Oscar F. Santillana (technical issues),
DEPARTMENT OF ENERGY
incorporated version (Version 3.0) of Office of Energy Market Regulation,
Federal Energy Regulatory those business practice standards. The Federal Energy Regulatory Commission,
Commission revisions made by NAESB in this 888 First Street NE, Washington, DC
version of the standards are designed to 20426, (202) 502–6392,
18 CFR Part 284 clarify the processing of certain business oscar.santillana@ferc.gov.
transactions. Gary D. Cohen (legal issues), Office of
[Docket No. RM96–1–041; Order DATES: This rule will become effective the General Counsel, Federal Energy
No. 587–Y] February 1, 2019. Compliance filings Regulatory Commission, 888 First Street
Standards for Business Practices of required by this rule are due on April NE, Washington, DC 20426, (202) 502–
Interstate Natural Gas Pipelines 1, 2019 and compliance with the 8321, gary.cohen@ferc.gov.
standards incorporated in this rule is
SUPPLEMENTARY INFORMATION:
AGENCY:Federal Energy Regulatory required on and after August 1, 2019.
Commission, DOE. The incorporation by reference of Table of Contents

I. Background ................................................................................................................................................................................ 7
II. Discussion ................................................................................................................................................................................ 11
A. The NAESB WGQ Version 3.1 Business Practice Standards ......................................................................................... 11
B. NAESB’s Process ............................................................................................................................................................... 20
C. Adoption of Version 3.1 of the Standards ...................................................................................................................... 21
D. Required Compliance Filings ........................................................................................................................................... 23
III. Implementation Schedule ...................................................................................................................................................... 24
IV. Notice of Use of Voluntary Consensus Standards ................................................................................................................ 26
V. Incorporation by Reference ..................................................................................................................................................... 27
VI. Information Collection Statement .......................................................................................................................................... 38
VII. Environmental Analysis ........................................................................................................................................................ 43
VIII. Regulatory Flexibility Act ................................................................................................................................................... 44
IX. Document Availability ........................................................................................................................................................... 47
X. Effective Date and Congressional Notification ....................................................................................................................... 50

1. In this Final Rule, the Federal carry out its responsibilities under the the operating systems and web browsers
Energy Regulatory Commission Natural Gas Act (NGA).1 that entities should support on behalf of
(Commission) amends its regulations at 3. The NAESB WGQ Version 3.1 users. Additionally, clarifying language
18 CFR 284.12 to incorporate by package of standards contains a number was added to the Secure Sockets Layer
reference, with certain enumerated of revisions to the NAESB Version 3.0 (SSL)/Transport Layer Security (TLS)
exceptions, the latest version (Version package of standards. As explained protocols.
3.1) of business practice standards further below, NAESB adopted two 5. Other changes adopted by NAESB
applicable to interstate natural gas substantive revisions to its Nominations included changes to the NAESB WGQ
pipelines adopted by the Wholesale Gas Related Standards, one to establish a data sets and other technical
Quadrant (WGQ) of the North American standard rounding process for elapsed- implementation documentation as well
Energy Standards Board (NAESB) in prorated-scheduled quantity as revisions to the Flowing Gas Related
place of the currently incorporated calculations and a second to revise the data sets and technical implementation.
version (Version 3.0) of those business specifications for the information to be In addition, NAESB revised the
included in a nomination request. Imbalance Trade data set and revised
practice standards. Under this Final
4. NAESB also adopted three minor two Sender’s Option data elements.
Rule, interstate natural gas pipelines are
revisions to the WGQ Electronic NAESB also adopted revisions to the
required to file compliance filings with
Delivery Mechanism (EDM) Related Capacity Release Related data sets and
the Commission by April 1, 2019 and
Standards. First, it has increased the technical implementation and revised
are required to comply with the allowable field length in ASCII Comma Standard 6.3.1 (i.e., the NAESB Base
standards incorporated by reference in Separated Value Files to 3000 Contract for Sale and Purchase of
this rule on and after August 1, 2019. characters. Second, NAESB adopted Natural Gas) to add language directing
khammond on DSK30JT082PROD with RULES

2. The implementation of these new Standard 4.3.106 to allow users to NAESB’s copyright disclaimer
standards and regulations will promote checkboxes and radio buttons in the posted on the NAESB website. Identical
additional efficiency and reliability of Transmission Service Providers’ (TSP) language was added to three additional
the natural gas industries’ operations Electronic Bulletin Boards (EBB). Third, NAESB WGQ Contracts.
thereby helping the Commission to NAESB modified its standards to update 6. Lastly, NAESB adopted
modifications to add a self-
1 15 U.S.C. 717 (2012). identification provision that assists end

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Document Created: 2018-12-01 00:56:25
Document Modified: 2018-12-01 00:56:25

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		The rule is effective December 3, 2018.
Contact		Julio Alvarado, Office of Compliance, Consumer Product Safety Commission, Washington, DC 20207; telephone (301) 504-7418; email: [email protected]
FR Citation		83 FR 62241
CFR Associated		Cigarette Lighters; Consumer Protection; Fire Prevention; Hazardous Materials; Infants and Children; Labeling; Packaging and Containers and Reporting and Recordkeeping Requirements