U.S. Consumer Product Safety Commission — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. OCT 6 2000 Mr. Patrick M. Race Compliance Officer Ref. No. 00-0246 U.S. Consumer Product Office of Compliance Washington, DC Safety Commission 20207 Dear Mr. Race: This is in response to your August 31, 2000 letter, addressed to Approvals, Mr. James E. Jones, Office of Hazardous Materials Exemptions and Materials concerning the applicability of the Hazardous government personnel who transport or offer for transportation : Regulations (HMR; 49 CFR Parts 171-180) to Federal hazardous materials, such as lighters. : fireworks and butane-fuel cigarette Your understanding of the HMR is correct. Hazardous materials are not subject to the HMR. However, if the purpose is transported for noncommercial purposes by government personnel materials for transportation to a commercial carrier, then the commercial, or if government personnel offer the hazardous HMR apply. You are also correct in your understanding that multi-purpose matches, lighters, also known as grill lighters, fireplace lighters, gas containing flammable gas, 2.1, UN 1057". etc., would be described classified as "Lighters, If you need further assistance, please feel free to contact us. Sincerely, Halte R. Michell Hattie I. Mitchell, Chief Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention 000246 pril#

Page 2Mitchell 8171-1 U.S. CONSUMER PRODUCT SAFETY COMMISSION Applicability WASHINGTON, DC 20207 00 - 0246 Patrick M. Race Compliance Officer Tel: 301-504-0400, ext. 1451 Recalls and Compliance Division Office of Compliance Emai Fax: 301504-0359 @cpsc.gov AUG 3 1 2000 00 SEP - 6 AM 9:19 EXEMPTIONS & APPROVALS U0 1/RSPA/OMMS Mr. James E. Jones Chief, Approvals Officer Office of Hazardous Material Safety Research and Special Program Administration U.S. Department of Transportation 400 Seventh St., NW Washington, DC 20590 Dear Mr. Jones: I am writing to request a clarification of the Hazardous Material Regulations (HMR) governing Federal agencies engaging in the transport and shipment of hazardous materials. The United States Consumer Product Safety Commission (CPS) is an independent, Federal agency that is responsible for protecting the public from dangerous and unsafe products. Our field, technical and compliance staff frequently transport or ship hazardous material including fireworks and butane-fueled cigarette lighters. It is my understanding that government agencies are exempt from HMR. However, under certain circumstances, they must comply with those regulations. Is this correct? If so, what are the circumstances when the CPSC is exempt and what are the circumstances when it must comply and follow those regulations? In addition, the staff is addressing questions regarding the regulation and enforcement of a new standard by the CPSC. This regulation, 16 C.F.R. Part 1212, will become effective on December 22, 2000. It is our understanding that there is not a separate classification for multi- purpose lighters (as defined in 16 C.F.R. §1212.2) under the FIMR and they are classified according to 49 C.F.R. $172.101 as "Lighters or Lighter refills cigarettes, containing flammable gas, Class 2.1, UN1057" for purposes of transportation. Is this consistent with Department o "ransportation policy and regulations' CPSC Hotline: 1-800-638-CPSC(2772) * CPSC's Web Site: http://www.cpsc.gov#

Page 3Mr. James E. Jones Page 2 I appreciate your feedback and input on these issues. I have attached a copy of 16 C.F.R. 1212 and a picture of a multi-purpose lighter for your convenience. Please feel free to contact me with any questions you or your staff may have. Sincerely, Patrick M. Race Attachments: Safety Standard for Multi-Purpose Lighters; Final Rule Photos of Exemplar Multi-Purpose Lighters#