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Interpretation Response #12-0006 ([Lighter Association, Inc.] [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: Lighter Association, Inc.

Individual Name: Mr. David H. Baker

Location State: DC Country: US

View the Interpretation Document

Response text:

March 22, 2012

 

Mr. David H. Baker
General Counsel
Lighter Association, Inc.
1701 Pennsylvania Ave., N.W., Suite 300
Washington, D.C. 20006

Ref. No. 12-0006

Dear Mr. Baker:

This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the expiration of lighter design approvals.  Specifically, you ask whether a previously-approved lighter design must be reexamined and reapproved every five years if no changes have been made to the design that affects its gas leakage capability.

The answer is no.  As prescribed in § 173.21(i), except for a design sample, the transportation in commerce of a lighter design containing a Division 2.1 flammable gas that has not been examined and successfully tested by an authorized person in accordance with   § 173.308(a) is forbidden.  As prescribed in § 173.308(b)(1), a lighter design is considered as not having been examined and successfully tested if it differs from the original design in any manner that may affect the escape (leakage) of gas.  Provided the previously-approved lighter design meets this criterion, the HMR do not mandate the expiration of its approval.  For your information, the expiration of approval you refer to in your letter applies to the authorized testing agency as a condition of its approval; it is issued by the Associate Administrator and authorizes the testing agency to examine, test, and classify lighter designs for a period of five years.

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

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division  

173.21(i), 173.308(b)(1)

Regulation Sections

Section Subject
173.21 Forbidden materials and packages
173.308 Lighters