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Interpretation Response #06-0209 ([Prometheus International, Inc.] [Mr. Keith K. Park ])

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

Interpretation Response Details

Response Publish Date:

Company Name: Prometheus International, Inc.

Individual Name: Mr. Keith K. Park 

Location State: CA Country: US

View the Interpretation Document

Response text:

Oct 18, 2006

 

Mr. Keith K. Park                Reference No. 06-0209
President
Prometheus International, Inc.
6231 Bandini Boulevard
Commerce, CA 90040-3113

Dear Mr. Park:

This responds to your letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a new model, refillable butane gas lighter. You provided in your letter a drawing of a “traveling” lighter design that contains three separate components that, when attached to each other and fueled, work as a standard gas lighter. You ask whether the top and bottom components may be carried aboard an aircraft separated from each other and without the fuel reservoir.

The answer is yes. A lighter that contains no fuel or residue thereof and does not contain any other hazardous material is not subject to the HMR. It appears that your lighter design would meet this requirement.

The Transportation Security Administration (TSA), the agency responsible for security in all modes of transportation, including civil aviation, has the authority to restrict passengers from carrying materials perceived as security threats. Therefore, TSA officials may confiscate materials that they believe to be security risks even if the materials are not classified as hazardous under the HMR. To be sure that your separated lighter components will not be confiscated, you should contact TSA concerning your device.

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

Sincerely,

 

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

171.8, 173.308

Regulation Sections