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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

52679 

Vol. 78, No. 165 

Monday, August 26, 2013 

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 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: jalvarado@cpsc.gov. 

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 

■ 1. The authority citation for part 1210 

continues to read as follows: 

Authority: 15 U.S.C. 2056, 2058, 2079(d). 

■ 2. Revise § 1210.2(b)(2)(ii) to read as 

follows: 

§ 1210.2 Definitions. 

* * * * * 

(b) * * * 

(2) * * * 


ehiers on DSK2VPTVN1PROD with RULES
52680 Federal Register / Vol. 78, No. 165 / Monday, August 26, 2013 / Rules and Regulations 

(ii) It has a Customs Valuation or exfactory 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 

DEPARTMENT OF STATE 

22 CFR Parts 120, 122, 126, 127, 128, 

and 129 

RIN 1400–AC37 

[Public Notice 8437] 

Amendment to the International Traffic 

in Arms Regulations: Registration and 

Licensing of Brokers, Brokering 

Activities, and Related Provisions 

AGENCY: Department of State. 

ACTION: Interim final rule. 

SUMMARY: The Department of State is 

issuing this interim final rule amending 

the International Traffic in Arms 

Regulations (ITAR) relating to brokers 

and brokering activities and to related 

provisions of the ITAR. These 

amendments clarify registration 

requirements, the scope of brokering 

activities, prior approval requirements 

and exemptions, procedures for 

obtaining prior approval and guidance, 

and reporting and recordkeeping of such 

activities. Conforming and technical 

changes are made to other parts of the 

ITAR that affect export as well as 

brokering activities. The revisions 

contained in this rule are part of the 

Department of State’s retrospective plan 

under E.O. 13563 completed on August 

17, 2011. 

DATES: This rule is effective October 25, 

2013. Interested parties may submit 

comments on this rule by October 10, 

2013. The Department will publish a 

final rule notifying of any changes to the 

rule pursuant to public comment 

assessment. 

ADDRESSES: Interested parties may 

submit comments within 45 days of the 

date of publication by one of the 

following methods: 

• Email: DDTCResponseTeam@

state.gov with the subject line, 

‘‘Brokering Rule.’’ 

• Internet: At www.regulations.gov, 

search for this document by using this 

document’s RIN (1400–AC37). 

Comments received after that date 

will be considered if feasible, but 

consideration cannot be assured. Those 

submitting comments should not 

include any personally identifying 

information they do not desire to be 

made public or information for which a 

claim of confidentiality is asserted 

because those comments and/or 

transmittal emails will be made 

available for public inspection and 

copying after the close of the comment 

period via the Directorate of Defense 

Trade Controls Web site at 

www.pmddtc.state.gov. Parties who 

wish to comment anonymously may do 

so by submitting their comments via 

www.regulations.gov, leaving the fields 

that would identify the commenter 

blank and including no identifying 

information in the comment itself. 

Comments submitted via 

www.regulations.gov are immediately 

available for public inspection. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sarah J. Heidema, Acting Director, 

Office of Defense Trade Controls Policy, 

U.S. Department of State, telephone 

(202) 663–2809, or email 

DDTCResponseTeam@state.gov. ATTN: 

Brokering Rule. The Department of 

State’s full retrospective plan can be 

accessed at http://www.state.gov/

documents/organization/181028.pdf. 

SUPPLEMENTARY INFORMATION: This rule 

makes changes to part 129 and related 

sections of the ITAR that regulate 

brokers and brokering activities and 

implement the brokering amendment to 

the Arms Export Control Act (AECA) 

(section 38(b)(1)(A)(ii) of the AECA, 22 

U.S.C. 2778(b)(1)(A)(ii)). 

The AECA was amended in 1996 

(Pub. L. 104–164) to provide for the 

regulation of brokering activities. The 

following year, implementing 

regulations were added to the ITAR in 

part 129. These regulations have 

remained unchanged except for two 

minor technical changes. 

In 2003, in a report to Congress, the 

Department of State noted that it was 

beginning a review of the brokering 

regulations. The purpose of the review 

was to assess the need to modify the 

regulations in light of the experience 

gained in administering them. Based on 

this experience as well as comments 

received from other agencies and 

industry, including the Defense Trade 

Advisory Group, a Department of State 

Federal advisory committee, the 

Department published a proposed rule 

on December 19, 2011 (see 

‘‘Amendment to the International 

Traffic in Arms Regulations: 

Registration and Licensing of Brokers, 

Brokering Activities, and Related 

Provisions,’’ 76 FR 78578) modifying 

the provisions relating to brokering and 

brokering activities. The comment 

period ended February 17, 2012. Thirtyone parties filed comments 

recommending changes, which were 

reviewed and considered by the 

Department and other agencies. The 

Department’s evaluation of the written 

comments and recommendations 

follows. 

The Department received numerous 

comments and recommendations 

regarding the definitions for terms and 

provisions set forth in ITAR part 129. 

The Department reviewed and 

considered these comments, and where 

the recommendations were in 

conformance with the requirements for 

brokering as set forth in the AECA, and 

clarified the regulation, the Department 

has made amendments accordingly. 

Twenty-seven commenting parties 

expressed concerns regarding the scope 

of ‘‘broker’’ and ‘‘brokering activities,’’ 

and that the revised definition of 

‘‘broker’’ in conjunction with the 

revised definition of ‘‘brokering 

activities’’ would result in a greatly 

increased number of persons requiring 

to register as brokers. In conformance 

with the statutory requirements for the 

brokering of defense articles and 

services, the Department has revised the 

proposed changes to these definitions to 

clarify their scope. In particular, the 

Department has clarified that foreign 

persons that are required to register as 

brokers are those that are in the United 

States and those foreign persons outside 

the United States that are owned/

controlled by a U.S. person. And the 

Department has removed from the 

definition of ‘‘brokering activities’’ the 

activities of any foreign person located 

outside the United States acting on 

behalf of a U.S. person. 

One commenting party requested 

clarification on whether the addition of 

‘‘or are otherwise charged’’ to ITAR 

§ 120.1(c)(2) would preclude any person 

charged with any export violation from 

applying for, obtaining, or using export 

control documents, and recommended 

the Department identify such ineligible 

parties to prevent applicants from 

including the ineligible parties on 

export license applications and other 

submissions. The Department confirms 

that any person charged with a violation 

of the U.S. criminal statutes enumerated 

in ITAR § 120.27 is generally ineligible 


ehiers on DSK2VPTVN1PROD with RULES