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[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Proposed Rules]
[Pages 44506-44507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18512]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1700

[Docket No. CPSC-2011-0048]

Petition Requesting Non-See-Through Packaging for Torch Fuel and 
Lamp Oil

AGENCY: U.S. Consumer Product Safety Commission.

ACTION: Comment request.

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SUMMARY: The U.S. Consumer Product Safety Commission (``Commission'' or 
``we'') has received a petition (PP 11-1) requesting that the 
Commission initiate rulemaking to require special packaging for torch 
fuel and lamp oil to make it impossible to see the product when it is 
in the container. We invite written comments concerning the petition.

DATES: The Office of the Secretary must receive comments on the 
petition by September 26, 2011.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2011-
0048, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    To ensure timely processing of comments, the Commission is no 
longer accepting comments submitted by electronic mail (e-mail), except 
through http://www.regulations.gov.

Written Submissions

    Submit written submissions in the following way:
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, to: Office of the Secretary, 
U.S. Consumer Product Safety Commission, Room 502, 4330 East West 
Highway, Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and petition number for this rulemaking. All comments received may be 
posted without change, including any personal identifiers, contact 
information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. Such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Rochelle Hammond, Office of the 
Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East 
West Highway, Bethesda, MD 20814; telephone (301) 504-6833.

SUPPLEMENTARY INFORMATION: The Commission has received a submission 
from John L. Branum, Attorney at Law, on behalf of Bettsy Bumpas 
(``petitioner''), dated May 9, 2011, requesting that we initiate 
rulemaking to require torch fuel and lamp oil to be

[[Page 44507]]

packaged in containers that are not see-through. We are docketing this 
request as a petition under the Poison Prevention Packaging Act 
(``PPPA''). 15 U.S.C. 1471-1477.
    The PPPA authorizes the Commission to issue requirements that 
certain household substances be sold in child-resistant containers. 15 
U.S.C. 1471-1477. Child-resistant packaging requirements currently 
apply to torch fuel and lamp oil. (More specifically, the child-
resistant packaging requirements apply to ``kindling and/or 
illuminating preparations,'' which includes ``cigarette lighter fuel, 
charcoal lighter fuel, camping equipment fuel, torch fuel, and fuel for 
decorative and functional lanterns, which contain 10 percent or more by 
weight of petroleum distillates and have a viscosity of less than 100 
Saybolt universal seconds at 100[deg] Fahrenheit.'' 16 CFR 1700.14(7)). 
The PPPA does not authorize the Commission to prescribe specific 
packaging designs for household substances. 15 U.S.C. 1472(d). However, 
in the case of a household substance for which special packaging, i.e., 
child-resistant packaging, is required, the Commission may prohibit the 
packaging of such substance in packages which it determines are 
unnecessarily attractive to children. Id. Therefore, in order to issue 
a rule requiring that torch fuel and lamp oil not be sold in see-
through containers, the Commission would need to determine that the 
packaging is ``unnecessarily attractive'' to children.
    Petitioner asserts that certain petroleum distillates, including 
torch fuel and lamp oil, as currently packaged, resemble juice. 
Petitioner notes that because young children enjoy the taste of juice 
and are accustomed to drinking it regularly, packaging petroleum 
distillates in clear plastic bottles causes needless danger, as 
children may mistake it for juice.
    Petitioner states that ``the New Jersey Poison Information and 
Education System stated in June 2008 that four people were 
hospitalized, one was critically ill, and one killed due to torch oil 
being mistaken for apple juice.'' Petitioner also states that ``from 
2002 through 2009 the Annual Report of the American Association of 
Poison Control Centers' National Data System has chronicled the 
exposure of many young children to lamp oils, which includes torch 
fuels.'' Petitioner's son died after ingesting torch fuel from a clear 
plastic bottle.
    While torch fuel and lamp oil are already subject to child-
resistant packaging and labeling requirements under the Poison 
Prevention Packaging Act and the Federal Hazardous Substances Act, 
petitioner asserts that additional special packaging is necessary. 
Specifically, petitioner requests that the CPSC initiate rulemaking 
``that would require manufacturers of [torch fuel and lamp oils] to 
package the product in containers that make it impossible to see the 
product when in the container.'' Petitioner notes that this could be 
accomplished ``by packaging the fuel in a solid container or opaque 
plastic child-resistant container or a metal container.''
    By this notice, we seek comments concerning this petition. 
Interested parties may obtain a copy of the petition by writing or 
calling the Office of the Secretary, U.S. Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; 
telephone (301) 504-7923.
    Copies of the petition are also available for inspection from 8:30 
a.m. to 5 p.m., Monday through Friday, in the Commission's Public 
Reading Room, Room 419, 4330 East West Highway, Bethesda, MD, or from 
our Web site at: http://www.cpsc.gov.

    Dated: July 18, 2011.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2011-18512 Filed 7-25-11; 8:45 am]
BILLING CODE 6355-01-P
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