{"operation":"document","citation":"07-0191","title":"Zippo Manufacturing — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-11-19","effective_on":null,"summary":"07-0191 response to Zippo Manufacturing concerning 172.102.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0191.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0191.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0191","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070191.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration No\\/ i 9 ~CC);,\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. David H. Baker\nAttorney for Zippo Manufacturing\nLaw Offices of David H. Baker LLC\n1700 Pennsylvania Avenue, N. W.\nSuite 400\nWashington, D.C. 20006\nRef. No. 07-0 19 1\nDear Mr. Baker:\nThis responds to your letter regarding the applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171 - 180) to your client, Zippo Manufacturing\nCompany (\"Zippo\"). Specifically, you ask for confirmation from this office that the\n\"purging\" method Zippo is suggesting to its customers for its liquid-fueled, non-\npressurized lighters conforms to the requirements in 5 172.102, Special Provision 168 of\nthe HMR. You submitted test report results with your request showing that if the lighter\nis disassembled and the fuel allowed to evaporate for at least 24 hours, the lighter will no\nlonger ignite and only trace (negligible) amounts of fuel remain.\nSection 172.102, Special Provision 168, states a lighter that is cleaned and purged of\nvapors is not subject to the HMR. While this office generally does not endorse a specific\nmethod to accomplish this provision, we agree that your suggested test method appears to\nsatisfy this provision. Thus, lighters conforming to this method would not be subject to\nthe HMR.\nI trust this satisfies your request. Please contact us if we can be of further assistance.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nr?, (73.308 kiyhtevs\nLAW OFFICES OF DAVID H. BAKER LLC\n1700 PENNSYLVANIA AVENUE, N.W. 07- b 1 q/\nSUITE 400\nWASHINGTON, D.C. 20006\ndh bakerlaw @aol.com\n202 253 4347 cell\n202 349 4190 office\n202 330 5092 fax\nJune 2 1,2007\nMr. Edward T. Mazzullo\nDirector\nOffice of Hazardous Materials Standards\nPipeline & Hazardous Materials Safety Administration\n1200 New Jersey Avenue, S.E.\nEast Building\nWashington, D.C. 20003\nRe: Request for Clarification on Shipments of Empty Lighters\nDear Mr. Mazzullo:\nI am writing to you on behalf of Zippo Manufacturing Company of Bradford,\nPennsylvania (\"Zippo\"). Zippo is the last remaining U.S. manufacturer of refillable\nlighters and employs 800 people in Northwestern Pennsylvania.\nI am writing to seek a clarification that Zippo liquid fuel lighters that have been opened\nup, taken apart and the fuel allowed to evaporate for 24 hours, are empty 1ighters.per Rule\n168, paragraph two, applicable to non-pressurized lighters. -49 CFR Part\n172.102(~)(1).\nAn unused lighter or a lighter that is cleaned of residue and purged of vapors is\nnot subject to the requirements of this subchapter.\nThe issue arises because consumers sometimes return used Zippo liquid fuel lighters to\nZippo in Bradford for repair. Under Zippo's lifetime warranty policy, which is unique to\nthe lighter industry, they will repair or replace any faulty Zippo lighter. In a normal year,\nZippo receives 80,000 to 100,000 lighters for repair in Bradford. This warranty and the\nliberal return policy help to make the Zippo product distinct from its foreign competitors.\nFrom the perspective of Zippo management, which is a family owned company, the\nwarranty policy is critical to the maintenance of the brand image and thus the company\nand jobs it creates.\n\n<<<PAGE 3>>>\n\nZippo instructs consumers who are returning liquid fuel lighters for repair to take the\nfollowing steps:\n1. 2. 3. 4. At least 24 hours before shipping, pull the insert with the absorbent material\ncontaining the fuel, out of the lighter case.\nLet the insert sit in an open area for any remaining fuel or fuel residue to\nevaporate.\nWrap the lighter in bubble wrap to prevent movement.\nPlace the lighter in a padded envelope and send it in.\nFor the past forty plus years, Zippo has received over ten million returned lighters\nwithout incident. Most of these lighters were placed in the U.S. mail and were shipped\nby first class mail. Recently, the U.S. Postal Service (\"USPS\") advised Zippo that it\nwould not accept these lighters for first class mail, because the returned lighters\nconstituted hazardous materials under PHMSA's Hazardous Materials Regulations.\nWhen discussing this point with USPS representatives, they indicated that if they had a\nruling or clarification from PHMSA that these opened lighters were cleaned of residue\nand purged of vapors under Rule 168, they would allow the lighters to continue to ship by\nfirst class mail.\nZippo is enclosing its test results demonstrating that within 24 hours after the insert is\npulled out of the lighter, there is not sufficient fuel remaining in the lighters for a flame to\nbe created. As noted above, under the procedures given to consumers, the insert is taken\nout at least 24 hours in advance. Zippo is certain that a flame could not be created by the\ninsert after 24 hours. Moreover, any residue would be that of an ORM-D material, lighter\nrefill, not a hazardous material. See 49 CFR Part 173.29(a)(2)(iv)(a), Empty Packaging.\nWe also believe that these emptied lighters would not be subject to the Hazardous\nMaterials Regulations consistent with this agency's rulings in Clarification Reference\nNos. 06-0027 (Steve Kranyec), 02-0033 (Timothy Roberts) and 02-0146 (James\nS toddard).\nIn light of these circumstances, Zippo respectfully requests a letter of clarification that\nsuch emptied lighters are not subject to the Hazardous Materials Regulations.\nFor your convenience, we will also be delivering six samples of these lighters for your\nreview.\n\n<<<PAGE 4>>>\n\nThank you for your assistance in this matter.\nVery truly yours,\nDavid H. Baker\nAttorney for Zippo Manufacturing\nDHB:bd\nEnclosures (1 test report and 6 samples)","truncated":false,"body_characters":5752}