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Interpretation Response #05-0022 ([Manufacturing Company] [Mr. David H. Baker])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Manufacturing Company

Individual Name: Mr. David H. Baker

Location State: DC Country: US

View the Interpretation Document

Response text:

Mar 9, 2005


Mr. David H. Baker                      Reference No. 05-0022
Attorney for Zippo
Manufacturing Company
Thompson Hine LLP
Attorneys at Law
1920 N Street, N.W.
Washington, D.C. 20036-1600

Dear Mr. Baker:

This responds to your letter dated January 18, 2005, regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to empty butane lighters and lighter refills under the HMR. Specifically, you ask if an empty butane lighter is regulated under the HMR. In addition, you ask if a lighter refill containing 14 grams of butane, a Division 2.1 flammable gas, may be renamed “Consumer commodity” and reclassed “ORM—D” under the provisions specified in § 173.144 and 173.306 (a) (1) of the HMR.

With regard to your first question, your .understanding is correct that an empty, never-filled lighter is not subject to regulation under the HMR. Concerning your second question, a material described as a “Lighter refill, UNl057’ may not be renamed “Consumer commodity” and reclassed as an ORM-D material; no exceptions for lighter refills are indicated in Column 8A of the Hazardous Materials Table in § 172.101. However, a lighter refill containing butane may be described as “Butane, UN1O11” and classed as a Division 2.1 material. In accordance with § 173.306(a) (1), a limited quantity shipment of butane may be renamed “Consumer commodity” and reclassed as an ORM-D material provided the shipment conforms to the provisions of § 173.306(h)

The recent publication of two notices of proposed rulemakings (NPRM) in the Federal Register may be of interest. The first, published on August 16, 2004, titled “Requirements for Lighters and Lighter Refills,” [RSPA-04-18795 (HM-237); 69 FR 50975] proposes a number of revisions applicable to the examination, testing, certification, shipping description, and transportation of lighters and lighter refills. The second NPRM, published on November 10, 2004, titled “Revision of Requirements for Carriage by Aircraft,” {RSPA (HM 228); 69 FR 65293] proposed to prohibit materials packaged as limited quantities that are forbidden on passenger-carrying aircraft to be renamed “Consumer commodity” and reclassed “ORM-D.” This proposal, if adopted, would only affect the transportation of lighter refills by aircraft. Copies of both NPRMs are enclosed.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.



Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.144, 173.306

Regulation Sections

Section Subject
173.144 Other Regulated Material (ORM)-Definitions
173.306 Limited quantities of compressed gases