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Interpretation Response #12-0007 ([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:

May 21, 2012



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

Ref. No. 12-0007

Dear Mr. Baker:

This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to intermediate packagings authorized for lighters. Specifically, you ask whether the intermediate packaging used to package a lighter, as prescribed in § 173.308(c)(1), is limited to the intermediate packaging examined by the authorized testing agency under the approval process required of the lighter design itself as prescribed in § 173.308(b).

The answer is no. The performance criteria prescribed for the intermediate containment (packaging) of lighters in § 173.308(c)(1) is unrelated to the examination and testing criteria prescribed in § 173.308(b). A shipper may package lighters in any intermediate packaging that meets the § 173.308(c)(1) criteria (e.g. blister pack, tray, brick) regardless of the intermediate packaging that may be indicated on an approval issued by an authorized testing agency verifying a lighter design"s conformance with § 173.308(b). In addition, under § 178.601(g)(1), it is permissible to vary the number and type of lighter/intermediate packaging configurations that are further packed in a UN standard outer packaging without further design qualification testing of the package, provided an equivalent level of performance is maintained.

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



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

173.308, 178.601

Regulation Sections

Section Subject
173.308 Lighters
178.601 General requirements