{"operation":"document","citation":"05-0156","title":"CheckPoint Mailers Incorporated — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-08-15","effective_on":null,"summary":"05-0156 response to CheckPoint Mailers Incorporated concerning 173.21, 173.308.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0156.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0156.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0156","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050156.pdf","body":"<<<PAGE 1>>>\n\n•\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nAUG 1 5 2005\nMs. Sherry Anderson\nRef. No. 05-0156\nVice President\nCheckPoint Mailers Incorporated\nP.O. Box 389\nKernersville, NC 27285\nDear Ms. Anderson,\nThis responds to your June 29, 2005 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) as they apply to the transportation\nof lighters. Specifically, you ask about transportation requirements for lighters that are\ndrained or emptied of flammable gas or flammable liquid prior to transportation. Your\nletter describes the procedure you employ to empty and package lighters for\ntransportation.\nLighters that have been cleaned of residue and purged of vapors to remove any potential\nhazard are excepted from the requirements of the HMR (see § 173.29(b)(2)(ii)). The\nHMR do not provide a procedure for cleaning and purging lighters of flammable residue\nand vapors. The procedure your company uses to empty lighters requires employees to\nrelease the fuel through a valve located on the bottom of the lighter. The procedure\noutlined in your letter does not include an effective method of purging the lighters of\nflammable vapors. In order to transport the lighters as a non-hazardous material, your\ncompany must use a procedure that purges the lighters of all flammable vapors (e.g.,\nrunning an air stream through the fuel reservoir for a sufficient time to remove all traces\nof fuel).\nLighters that are not cleaned of residue and purged of vapors must be shipped in\nits inner packaging must be approved for transportation by the Associate Administrator\naccordance with the applicable requirements of the HMR. Under the HMR, a lighter and\nfor Hazardous Materials Safety (see § 173.21(i)). Additional packaging and marking\nrequirements for lighters are specified in § 173.308.\nYour letter indicates that you ship a substantial number of lighters by mail. The HMR do\nnot apply to any matter subject to the postal laws and regulations of the United States (see\n§ 171.1(d)(7)). Therefore, lighters transported by the United States Postal Service are not\nsubject to the HMR. You should contact the United States Postal Service directly\nconcerning requirements for shipping lighters by mail.\n173.21()\n173.308\n050156\n\n<<<PAGE 2>>>\n\nYou may be interested in a notice of proposed rulemaking, published on August 16, 2004\n(Docket No. PHMSA-2004-18795; HM-237), proposing to amend the requirements of\nthe HMR applicable to lighters and lighter refills. The notice is available at:\nhttp://hazmat.dot.gov/regs/rules/final/69fr/docs/69fr-50975.pdf\nI hope this information is helpful.\nSincerely,\nJohn A. Gale\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nCheckPoint Mailers\nHAZMAT SAFETY\nDOT/RSPA\nIncorporated\n05 JUN 24\nPM 1: 59\nExchenlaub\n฿173.21 U\nJune 23, 2005\n3173.308\nDear Mr. Kenny Herzog\nLighters\n05-0156\nAssociate Administrator for Hazardous Materials, Safety, Pip HMSA\nU.S. Department of Transportation\n400 7t St. SW\nWashington, DC 20590-0001\nAttention: PHH-32\nFirst of all, we would like to thank you for your prompt assistance with\nour difficult lighter situation. We would truly appreciate your timely\nresponse to what could easily lead to a very adverse financial situation\nfor our company, CheckPoint Mailers, Inc.\nCheckPoint Mailers Inc. was farmed 2003 to meet the needs of the US\nitems that were prohibited on commercial aircrafts after September\nAirports, the TSA and the traveling public, who may have traveled with\n!. In forming CheckPoint Mailers, we worked closely with the FAA\nHazmat Office in Atlanta, our local and regional USPS Offices and the\nDepartment of Homeland Security to make sure we were in compliance\nwith the needs of all agencies concerned.\nLighters have been a major part of our business since the inception of\nCheckPoint Mailers. However, since the new lighter regulations of\n2005, lighters now make up 50 percent of our revenue. As a small,\nfemale-owned, DBE certified company, this ban would have\ndevastating financial ramifications that we may not be able to recover\nfrom.\nThis ban would not only affect our company... it would be far reaching.\nWe currently serve 25 of the mations largest airports with another 14\nscheduled to open this summer. The traveling public, the US Airports,\nU.S. Airlines, the Department of Homeland Security and TSA have all\ncome to rely on us to help solve this public relations/security dilemma.\nP.O. Box 389 • Kernersville, NC 2728:5-0389 • Cell: 336.462.7540 • Fax: 336.721.0249\nsherry@checkpointmailers.com • www.checkpointmailers.com\n\n<<<PAGE 4>>>\n\nPlease see the enclosed document (\"Lighters- Drainable vs. Non-\ndrainable\") showing our compliance with both the FAA & USPS Hazmat\nRequirements. Since these regulations have been strictly adhered to\nby our company, I am respectfully requesting exemption from the\nfollowing regulations: 49 CFR Parts 171-180; 49 CFR 107.117\n#131.79; USPS Code DMM 601 (mailability) 10.13.4 and also any\nother related regulation that I may not be aware of.\nI have enclosed a exhibit for your review of the current packing\nmaterials that are being used.\nThank you in advance for your assistance in helping our company\nresolve this issue. Please note that whatever procedures are\nnecessary, we will fully comply with all that is required.\nSincerely,\ni ic\nHeather C. Lowry\nPresident\nSherry L. Anderson\nVice President\ncc: Governor: Michael Easley\nSenator: Elizabeth Dole\nCongresswoman: Virginia Fox\nHomeland Security: Greg Soule\nTSA Asst. Secretary: David Stone\nSecretary of DHS: Mike Chertoff\n\n<<<PAGE 5>>>\n\nFor verification with the USPS please feel free to contact Keith Johnson or Mike\nFiglia @ 704-393-4703\nExhibit #1\nYou will find examples of drainable lighters in the padded envelopes with the\nproper packaging.\nExhibit#2 not enclosed since this is going by air.\nbeen fueled due to the fact we sent this package via airmail. If these lighters had\nYou will find examples of non-drainable lighters. Please note the lighters haven't\nfuel in them this is how they would be processed and packaged.\n\n<<<PAGE 6>>>\n\nDrainable vs. Non-drainable\nLighters\nImmediately after September 11, 2001 torch lighters were banned from\ncommercial aircrafts.\nCheckPoint Mailers contacted the FAA Hazmat team in Atlanta, GA to make sure\nwe were in compliance with their regulations. We worked with Threasa Haley of\nthe Atlanta office and were told based on our procedures that we were in\ncomplete compliance with the FAA Hazmat regulations.\nIn order for a lighter to be sent via First Class USPS mail the following procedure\nhas to be followed:\n• The lighter needs to be hand inspected\n• The lighter needs to be drained of fluid\n• The lighter needs to be re-drained for residue\n• The lighter needs to be wrapped in foil to prevent striking\n• The lighter is then put in a padded mailer/box to be shipped\n• The lighter needs to be wrapped in bubble wrap for padding\nFor verification with the FAA Hazmat (Atlanta Region) please feel free to contact\nThreasa Haley at 678-249-8266.\nAs of April 14, 2005 all lighters have been banned from commercial\naircrafts. Due to this new requirement some lighters can be drained, if they can,\nanything that goes by aircraft. If a lighter cannot be drained the USPS governs\nthe guidelines of the FAA Hazmat must be followed since their agency governs\nthe procedure to be followed.\nin order for a lighter, that is non-drainable, to be sent surface mail through the\nUSPS the following procedure has to be followed:\n• The lighter needs to be hand inspected\n• The lighter needs to be foil wrapped\n• The lighter needs to be bubble wrapped\n• The lighter needs to be boxed\nThe box needs a sticker that says \"Surface Mail Only\"\n\n<<<PAGE 7>>>\n\nDMM 001 Mailabury\n1 age 1 se\nA cigarette lighter equipped with an ignition element and containing fuel Is a Class 3\n10.13,4 Cigarette Lighters\nflammable liquid. A cigarette lighter that contains a flammable gas is classed as a\nflammable gas is permitted only in domestic mail via surface transportation when all of\nDivision 2.1 flammable gas. A cigarette lighter containing either flammable liquid or\nthe following conditions are met:\nAdministrator for Hazardous Material Safety, per 49 CFR 173.21(i) and 173.308;\nThe design of the lighter and its packaging are approved by the DOT Associate\nand a DOT Approval Number (T-Number) is issued. (\nritten request for authorization to mail the lighter, accompanied by a legibi\nhe prospective mailer of the.lighter submits to the appropriate PCSC manager\npho a specife ofe al tuat righter, the packaging materials in wile each gier\nfor mailing.\nlighter prominently displays the T-Number, the proper shipping name \"Lighters)\"\nWhen presented for mailing she address side of the malipiece containing the\nhttp://pe/scarch/jsp/search/vy_docread.jsp?k2dockey=http%3A%2F%2Fpe.usps.com/2Ft. 4/19/2005\n\n<<<PAGE 8>>>\n\n06/27/2005 08:19\n3367210249\nCHECKPOINT MAILERS\nPAGE 01\nJuly 10, 2003\nINSTRUCTIONS FOR LIGHTERS\nAll field reps must follow each step for proper shipping for all lighters.\nDRAINABLE\nSil pass era lans paper clip for aenty pies on valve located on bottom of lister ill\nStep 2.. Repeat step one, let it settle again,\nStep 3. Test to make sure lighter is completely empty.\nStep 4. Wrap in heavy foil\nStep 5.. Wrap in paper or bubble wrap for added cushioning, place in tuff guard bubbled\nmailer or box. Mail first class mail.\nNONDRAINABLE\nliquids (gases), please wrap tightly in heavy foil, than in paper or bubble wrap before\nStep 1.. First try and light up the lighter to see if it has any fuel inside, if empty of all\ngoing into the tuff guard mailer or box. Mail first class.\nStep 2.. If the lighter flames up, you must separate the outer case from the inner housing\nunit. Place the two pieces side by side along with the customers address label, let it air\nout overnight\nStep 3. Check the next day and put the lighter back together and see if all liquids or gases\nhave evaporated by lighting up the lighter, if the lighter is empty follow step 1. If not\ncompletely empty go to the next step.\nStep 4.. After you have checked and if the lighter still has a flame please wrap in heavy\nfoil, than wrap in paper or bubble wrap and place in tuff guard mailer of box for shipping.\nYou must write \"Surface Mail\" only on outside of mailer or box.\ngo surface mail.\nAny lighter that still has not been completely empty out of all gases or liquids must","truncated":false,"body_characters":10512}