{"operation":"document","citation":"12-0006","title":"Lighter Association, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-03-22","effective_on":null,"summary":"12-0006 response to Lighter Association, Inc. concerning 173.21, 173.308.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0006","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120006.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue, SE\nof Transportation Washington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMAR 2 2 2012\nMr. David H. Baker\nGeneral Counsel\nLighter Association, Inc.\n1701 Pennsylvania Ave., N.W., Suite 300\nWashington, D.C. 20006\nRef. No. 12-0006\nDear Mr. Baker:\nThis responds to your letter requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to the expiration of lighter design approvals.\nSpecifically, you ask whether a previously-approved lighter design must be reexamined and\nreapproved every five years if no changes have been made to the design that affects its gas\nleakage capability. .\nThe answer is no. As prescribed in § 173.21(i), except for a design sample, the\ntransportation in commerce of a lighter design containing a Division 2.1 flammable gas that\nhas not been examined and successfully tested by an authorized person in accordance with\n§ 173.308(a) is forbidden. As prescribed in § 173.308(b)(1), a lighter design is considered\nas not having been examined and successfully tested if it differs from the original design in\nany manner that may affect the escape (leakage) of gas. Provided the previously-approved\nlighter design meets this criterion, the HMR do not mandate the expiration of its approval.\nFor your information, the expiration of approval you refer to in your letter applies to the\nauthorized testing agency as a condition of its approval; it is issued by the Associate\nAdministrator and authorizes the testing agency to examine, test, and classify lighter designs\nfor a period of five years.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nbfe·vens\nLighter II a3----.:.7~~L~}~::;.\"\".=°t:...=..;~...z:::._05_\nI...--_____\nwww.lighterassociation.org\nAssociation Inc.\nDecember 12, 2011\nMr. Michael Stevens\nTransportation Regulation Specialist\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards and Rulemaking\nPipeline & Hazardous Materials Safety Administration\nU.S. Department ofTransportation\n1200 New Jersey Avenue, S.E.\nPHH-12\nWashington, D.C. 20590\nRe: Expiration of Lighter Classification Approvals (LAAs)\nDear Mr. Stevens:\nLighter classification approvals are issued pursuant to 49 CFR Section 173.308(b). This\nprovision was revised in 2006 (71 Fed. Reg. 3418, January 23,2006). Prior to that time,\nall lighter approvals were issued without a date of expiration. All lighters are now\nrequired to be reviewed again under the terms ofthe new provision (relating to escape of\ngas) prior to January 1,2012. Section 173.308(b)(5).\nWe have observed that some authorized lighter testing companies are issuing these new\napprovals (commonly referred to as LAAs as compared to the former T approvals), with\na five year expiration date. Only some testing companies are setting forth five year\nexpirations. However, it has caused enough confusion in the industry for us to bring this\nissue to your attention. Apparently, the authorizations issued to the lighter testing\ncompanies contain a five year expiration. The reference to the five year expiration of\ntheir approval, has been confused into the imposition of a five year approval for some\nlighter classification approvals.\nWe would ask PHMSA to clarify that new lighter approvals have no expiration. This\ninterpretation is consistent with the prior policy ofthe agency. Moreover, it serves\nabsolutely no purpose for the same lighter design to be re-approved every five years.\nOnce it is confirmed that the lighter design does not allow for the escape (leakage) ofgas\n(Part 173.308(b )(1)), there is no purpose in reviewing the lighter again five years later.\nAnd, obviously, in this extremely difficult economy, it makes no sense to impose an\napproximately $500 expense per lighter on manufacturers and distributors, every five\nyears.\n1701 Pennsylvania Ave., N.W., Suite 300 • Washington, D.C. 20006 • Tel (202) 253·4347 • info@lighterassociation.org\n\n<<<PAGE 3>>>\n\nAccordingly, we would request that you issue an interpretation that the new lighter\nclassification approvals do not expire.\nThank you for your assistance in this matter.\nVery truly yours,\nDavid H. Baker\nGeneral Counsel\nDHB:bd","truncated":false,"body_characters":4372}