RSPA Proposes to Amend HMR Requirements for Lighters and Lighter Refills
The Department of Transportation's Research and Special Programs Administration (RSPA) has issued a proposed rule that would amend requirements in the Hazardous Materials Regulations (HMR) for the transportation of lighters and lighter refills, as well as the testing, certification, and recordkeeping associated with lighter design samples. Written comments on the proposed rule are due by November 15, 2004.
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RSPA states that the current requirements in the HMR applicable to lighters and lighter refills are nearly fifty years old and do not adequately address current industry standards and safety practices. Moreover, since 1995 the Consumer Product Safety Commission (CPSC) and Health Canada have issued 97 lighter design recalls. RSPA is concerned that these defective designs identified by CPSC could fail in transportation with potentially catastrophic results.
RSPA Proposes Changes to HMR for Lighters & Lighter Refills
RSPA is proposing the following changes to the HMR requirements for lighters and lighter refills (partial list):
Proposed definition of "lighter" and "lighter refill." RSPA states that the terms "lighter" or "lighter refill" are not currently defined in the HMR. Therefore, RSPA is proposing to add the following definitions to 49 CFR 171.8:
Lighter means a mechanically operated flame-producing device employing an ignition device and containing a Division 2.1 fuel such as butane, isobutane, propane, or a mixture containing any of these gases whose vapor pressure at 20 C (68 F) exceeds a gauge pressure of 101.3 kPa (14.7 psia).
(In the preamble to this proposed rule, RPSA notes that this definition includes both "cigarette" lighters and multi-purpose lighters such as utility lighters, micro torches, etc.
In addition, RSPA states that this proposed definition is based on the current definition in the CPSC regulations, American Society for Testing and Materials' ASTM F400-00, etc.)
Lighter refill means a pressurized container of not more than 4 fluid ounces (7.22 cubic inches) capacity that does not contain an ignition device but does contain a release device and is intended for use as a replacement cartridge in a lighter or to refill a lighter with a Division 2.1 flammable gas fuel.
(In the preamble, RSPA states that this definition does not include non-pressurized flammable liquid lighter fuel used for "wick" style lighters.)
Proposed changes to Hazardous Materials Table (HMT). RSPA is proposing certain changes to the Hazardous Materials Table (HMT) at 49 CFR 172.101 with respect to the shipping description "lighters or lighter refills." RSPA states that under the current regulations there is only one description in the HMT for both lighters and lighter refills.
RPSA is proposing to separate the two articles in the HMT because the approval, special provisions, and packaging requirements are different for lighters and lighter refills. Under this proposal, lighter refills would continue to be authorized in transportation without approval under the conditions specified in proposed 49 CFR 172.102, Special provision 169.
Proposals for lighters, lighter samples, lighter designs. Under the proposed rule, 49 CFR 173.308 (Lighters) would be substantially revised. In addition, RSPA states that a revised 173.308 would add the following new provisions for lighters, lighter designs, and/or lighter design samples (partial list):
General requirements for the design, capacity, and pressure capability of lighters.
Definition of "new lighter design" and requirements under which lighter design samples must be transported or offered for transport for examination and testing, which must be performed by a person or agency authorized by RSPA's Associate Administrator for Hazardous Material Safety.
Requirements for the examination and testing of such sample lighters
Recordkeeping requirements for test report that must be prepared after examination and testing of new lighter design.
Inner and outer packaging requirements for the transport of lighters and lighter samples.
Shipping paper and marking requirements for transport of lighters and lighter samples
Proposals for lighter refills. Among other proposals made to 49 CFR 173.306, RSPA is proposing (partial list):
to require lighter refills offered for transportation in all modes to be packaged in outer packagings meeting the Packing Group II performance level, consistent with certain United Nations regulations and other international specifications, unless otherwise excepted.
regardless of transport mode, lighter refills would not be eligible for the exceptions under ORM-D hazard class and could not be renamed "consumer commodity."
to continue to allow current exceptions to certain requirements in 49 CFR Part 172 subparts C through H (i.e. shipping papers, marking, labeling, placarding, emergency response information, and training) and also to 49 CFR Part 177 which calls for no more than 1,500 lighter refills to be carried aboard a transport vehicle.
(See ITT's Online Archives or 08/17/04 news, 04081730, for BP summary of CPSC's September 14, 2004 meeting on certain proposed mandatory requirements for cigarette and other lighters.)
-written comments must be received by November 15, 2004
RSPA Contact - Michael Stevens (202) 366-8553
RSPA Proposed Rule (D/N RSPA-2004-18795 (HM-237), FR Pub 08/16/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-18195.pdf