{"operation":"document","citation":"12-0007","title":"Lighter Association, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-05-21","effective_on":null,"summary":"12-0007 response to Lighter Association, Inc. concerning 173.308, 178.601.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0007","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120007.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashington. DC 20590\nMAY 2 1 2012\nMr. David H. Baker\nGeneral Counsel\nLighter Association, Inc.\n1701 Pennsylvania Ave., N.W., Suite 300\nWashington, D.C. 20006\nRef. No. 12-0007\nDear Mr. Baker:\nThis responds to your letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to intermediate packagings\nauthorized for lighters. Specifically, you ask whether the intermediate packaging used to\npackage a lighter, as prescribed in § 173 .308( c )(1 ), is limited to the intermediate packaging\nexamined by the authorized testing agency under the approval process required of the\nlighter design itself as prescribed in § 173.308(b ).\nThe answer is no. The performance criteria prescribed for the intermediate containment\n(packaging) of lighters in§ 173.308(c)(1) is unrelated to the examination and testing\ncriteria prescribed in§ 173.308(b). A shipper may package lighters in any intermediate\npackaging that meets the§ 173.308(c)(l) criteria (e.g. blister pack, tray, brick) regardless\nof the intermediate packaging that may be indicated on an approval issued by an authorized\ntesting agency verifying a lighter design's conformance with§ 173.308(b). In addition,\nunder§ 178.601(g)(l), it is permissible to vary the number and type of lighter/intermediate\npackaging configurations that are further packed in a UN standard outer packaging without\nfurther design qualification testing of the package, provided an equivalent level of\nperformance is maintained.\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\nLighter\nAssociation Inc.\nwww.lighterassociation.org\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 of Transportation\n1200 New Jersey Avenue, S.E.\nPHH-12\nWashington, D.C. 20590\nRe: Specification of Type of Inner Packaging in new Lighter Classification\nApprovals (LAAs)\nDear Mr. Stevens:\nLighter classification approvals are issued pursuant to 49 CFR Section 173.308(b). This\nprovision was substantially revised in 2006 (71 Fed. Reg. 3418, January 23, 2006). Under\nthe new provision, lighter are to be reviewed by an authorized testing agency for \"the\nescape (leakage) of gas\". 49 CFR Section 173.308(b)(1).\nIn addition, under the new provision, all lighters must be placed in an inner packaging\nthat is designed to prevent movement of the lighters and inadvertent ignition. 49 CFR\nSection 173.308(c)(l). The provision goes on to detail that the ignition device and gas\ncontrol lever of the lighters must be designed (child-resistant mechanism), or fastened, to\nprotect against functioning or leakage during transport. In addition, if the lighters are\npacked vertically in a plastic tray, a partition must be used to prevent friction between the\nignition device and the inner packaging. Id.\nWe have observed that some authorized lighter testing companies are issuing these new\napprovals (commonly referred to as LAAs) with a specific reference to the type of inner\npackaging used by the manufacturer. For example, if a manufacturer ships a 50 count\n\"brick\" of lighters to the testing agency, the testing agency then seems to limit the\napproval to that particular inner packaging. Not all testing agencies are writing the\napprovals this way, but several follow this path.\nWe would ask PHMSA to clarify that new lighter approvals should not be limited to a\nparticular inner packaging. The very point of specifYing the inner packaging\nrequirements in the revised provision was to avoid having to obtain multiple approvals\n1701 Pennsylvania Ave., N.W., Suite 300 • Washington, D.C. 20006 • Tel (202) 253-4347 • info@lighterassociation.org\n\n<<<PAGE 3>>>\n\nfor varying package configurations (12 count, 50 count, 100 count, etc.). Moreover, the\nexpress language in the provision is that lighters are to be reviewed for escape of gas. It\nsays nothing about reviewing the inner packaging. The safety issue is whether the lighter\nmalfunctions and emits gas.\nCandidly, we believe the testing agencies are writing the approvals this way, simply\nbecause this is how they did it in the past. So we urge you to clarify that the new LAAs\nshould not be restricted to a particular type of inner packaging. So long as the inner\npackaging complies with Section 173.308(c)(l), it is in compliance as to inner packaging.\nWe believe this point needs to be clarified to the testing agencies.\nFinally, we would note that in this extremely difficult economy, it makes no sense to\nimpose an approximately $500 expense per inner packaging configuration on\nmanufacturers and distributors of lighters. To put this cost in perspective, some of our\nmembers have three or more packaging configurations for a single lighter design, and as\nmany as five to ten lighter designs. It would result in a huge, additional cost, if\ninterpreted again as requiring new approvals for each inner packaging.\nAccordingly, we would request that you issue an interpretation that the new lighter\nclassification approvals should not be limited to a specific inner packaging configuration.\nThank you for your assistance in this matter.\nVery truly yours,\n~\nDavid H. Baker\nGeneral Counsel\nDHB:bd","truncated":false,"body_characters":5569}