Interpretation Response #15-0149
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
April 1, 2016
Mr. Matthew MacLean
Tailgate In A Box®
27 Haring Drive
Old Tappan, New Jersey 07675-7334
Reference No. 15-0149
Dear Mr. MacLean:
This is in response to your July 14, 2015 e-mails and subsequent telephone conversations with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of “UN 1057, Lighters containing flammable gas, 2.1 (flammable gas)” placed in a kit your company manufactures and has named “Tailgate In A Box®.” Specifically, you request confirmation of your understanding that no regulatory language exists in § 173.308 that would prevent butane lighters from being placed in one packaging with other hazardous and/or non-hazardous materials.
As you have discussed with a member of my staff, the HMR permit lighters, as defined in § 171.8, that have been manufactured, examined, and successfully tested in accordance with the criteria specified in § 173.308(a) and (b) to be packaged together with other hazardous and non-hazardous materials as prescribed in §§ 173.21(e), 173.24(e)(4), 173.24a(c)(1), and 173.308(c), (d) and (e).
You stated that the lighter would be placed in a fiberboard box with paper and plastic eating utensils and paper products, and one aluminum tray filled with “Instant Lighting Charcoal Briquets,” manufactured by Royal Oak Enterprises, LLC, in Roswell, GA. The material safety data sheet (MSDS) you provided for the briquettes describes them as “UN 1361, Carbon, 4.2 (spontaneously combustible material), Packing Group (PG) III,” when shipped by vessel and as unregulated when transported by ground under 49 CFR 172.101(c)(12)(iv). The MSDS also states the briquettes are treated with an accelerant that is a hydrocarbon solvent mixture.
49 CFR 172.101(c)(12)(iv) states that “Except when a proper shipping name in the Table is preceded by a plus (+) …(iv) if it is specifically determined that a material is not a forbidden material and does not meet the definition of any hazard class, the material is not a hazardous material.” This exception does not apply to the accelerant treated briquettes you described because the MSDS you provided describes the briquettes as a hazardous material, “UN 1361,
Carbon, 4.2, III.” This classification is not mode specific and would remain in place unless you company has specific test data that shows the material as packaged no longer meets the definition of a hazard class.
I hope this satisfies your request.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.308, 171.8, 173.308(a) and (b), 173.21(e), 173.24(e)(4), 173.24a(c)(1), and 173.308(c), (d) and (e), 172.101(c)(12)(iv)
|§ 172.101||Purpose and use of hazardous materials table|