E7-3628. Proposed Extension of Approval of Information Collection; Comment Request-Safety Standard for Multi-Purpose Lighters

AGENCY:

Consumer Product Safety Commission.

ACTION:

Notice.

SUMMARY:

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Consumer Product Safety Commission requests comments on a proposed request for an extension of approval of a collection of information from manufacturers and importers of multi-purpose lighters. Multi-purpose lighters are hand-held flame-producing products that operate on fuel and have an ignition mechanism. They typically are used to light devices such as charcoal and gas grills and fireplaces. Devices intended primarily for igniting smoking materials are excluded from the multi-purpose lighter category.

This collection of information consists of testing and recordkeeping requirements in certification regulations implementing the Safety Standard for Multi-Purpose Lighters. 16 CFR part 1212. The Commission will consider all comments received in response to this notice before requesting an extension of approval of this collection of information from the Office of Management and Budget (OMB).

DATES:

The Office of the Secretary must receive written comments not later than April 30, 2007.

ADDRESSES:

Written comments should be captioned “Multi-Purpose Lighters” and e-mailed to [e-mail]. Comments may also be sent by facsimile to [phone], or by mail to the Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814.

FOR FURTHER INFORMATION CONTACT:

For information about the proposed renewal of this collection of information, or to obtain a copy of the pertinent regulations, call or write Linda L. Glatz, Division of Policy and Planning, Office of Information Technology and Technology Services, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814; [phone], or by e-mail to [e-mail].

SUPPLEMENTARY INFORMATION:

In 1999, the Commission issued the Safety Standard for Multi-Purpose Lighters (16 CFR part 1212) under provisions of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2051-2084) to eliminate or reduce risks of death and burn injury from fires accidentally started by children playing with these lighters. The standard contains performance requirements for multi-purpose lighters that are intended to make lighters subject to the standard resist operation by children younger than five years of age.

A. Certification Requirements

Section 14(a) of the CPSA (15 U.S.C. 2063(a)) requires manufacturers, importers, and private labelers of a consumer product subject to a consumer product safety standard to issue a certificate stating that the product complies with all applicable consumer product safety standards. Section 14(a) of the CPSA also requires that the certificate of compliance must be based on a test of each product or upon a reasonable testing program.

Section 14(b) of the CPSA authorizes the Commission to issue regulations to prescribe a reasonable testing program to support certificates of compliance with a consumer product safety standard. Section 16(b) of the CPSA (15 U.S.C. 2065(b)) authorizes the Commission to issue rules to require that firms “establish and maintain” records to permit the Commission to determine compliance with rules issued under the authority of the CPSA.

The Commission has issued regulations prescribing requirements for a reasonable testing program to support certificates of compliance with the standard for multi-purpose lighters. These regulations require manufacturers and importers to submit a description of each model of lighter, results of prototype qualification tests for compliance with the standard, and other information before the introduction of each model of lighter into commerce. These regulations also require manufacturers, importers, and private labelers of multi-purpose lighters to establish and maintain records to demonstrate successful completion of all required tests to support the certificates of compliance that they issue. 16 CFR part 1212, subpart B.

The Commission uses the information compiled and maintained by manufacturers, importers, and private labelers of multi-purpose lighters to protect consumers from risks of accidental deaths and burn injuries associated with those lighters. More specifically, the Commission uses this information to determine whether lighters comply with the standard by resisting operation by young children. The Commission also uses this information to obtain corrective actions if multi-purpose lighters fail to comply with the standard in a manner that creates a substantial risk of injury to the public.

OMB approved the collection of information in the certification regulations for multi-purpose lighters under control number 3041-0130. OMB's approval will expire on July 31, 2007. The Commission proposes to request an extension of approval for these collection of information requirements.

B. Estimated Burden

The cost of the rule's testing, reporting, recordkeeping, and other certification-related provisions is comprised of time spent by testing organizations on behalf of manufacturers and importers, and time spent by firms to prepare, maintain and submit records to CPSC. Currently, there are an estimated 16 firms that import, distribute and/or sell multi-purpose lighters in the United States. Most manufacturers and importers have 1 to 15 models for each firm. Based on past experience, an estimate of 2 models per firm was a reasonable number for calculating the burden. Each manufacturer would spend approximately 50 hours per model. Therefore, the total annual amount of time that will be required for complying with the testing, recordkeeping, and reporting requirements of the rule is approximately 1,600 hours. (16 firms × two models × 50 hours = 1,600 hours.) The annualized cost to industry for the 1,600 hour burden for collection of information is $71,712 at $44.82/hr based on total compensation of all civilian workers in management and professional fields in the U.S., July 2006, Bureau of Labor Statistics).

C. Request for Comments

The Commission solicits written comments from all interested persons about the proposed collection of information. The Commission specifically solicits information relevant to the following topics:

—Whether the collection of information described above is necessary for the proper performance of the Commission's functions, including whether the information would have practical utility;

—Whether the estimated burden of the proposed collection of information is accurate;

—Whether the quality, utility, and clarity of the information to be collected could be enhanced; and

—Whether the burden imposed by the collection of information could be minimized by use of automated, electronic or other technological collection techniques, or other forms of information technology.

Dated: February 26, 2007.

Todd A. Stevenson,

Secretary, Consumer Product Safety Commission.