[Federal Register Volume 69, Number 157 (Monday, August 16, 2004)]
[Proposed Rules]
[Pages 50976-50985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18195]



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Part III





Department of Transportation





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Research and Special Programs Administration



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49 CFR Parts 171, 172, and 173



Hazardous Materials; Requirements for Lighters and Lighter Refills; 
Proposed Rule

  Federal Register / Vol. 69, No. 157 / Monday, August 16, 2004 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, and 173

[Docket No. RSPA-2004-18795 (HM-237)]
RIN 2137-AD88


Hazardous Materials; Requirements for Lighters and Lighter 
Refills

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: RSPA proposes to amend requirements in the Hazardous Materials 
Regulations for the examination, testing, certification, and 
transportation of lighters and lighter refills. This action will 
clarify regulatory requirements and, where appropriate, decrease the 
regulatory burden without compromising the safe transportation of 
lighters and lighter refills in commerce.

DATES: Comments must be received by November 15, 2004.

ADDRESSES: You may submit comments identified by the docket number 
RSPA-2004-18795 (HM-237) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov 
Follow the instructions for submitting comments.
     Web Site: http://dms.dot.gov Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Hand Delivery: To the Docket Management System; Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal Holidays.
    Instructions: You must include the agency name and docket number 
RSPA-2004-18795 (HM-237) or the Regulatory Identification Number (RIN) 
for this notice at the beginning of your comment. Note that all 
comments received will be posted without change to http://dms.dot.gov 
including any personal information provided. Please see the Privacy Act 
section of this document.
    Docket: You may view the public docket through the Internet at 
http://dms.dot.gov or in person at the Docket Management System office 
at the above address.

FOR FURTHER INFORMATION CONTACT: Michael G. Stevens, Office of 
Hazardous Materials Standards, Research and Special Programs 
Administration, U.S. Department of Transportation, 400 Seventh Street, 
SW., Washington, DC 20590-0001, telephone (202) 366-8553.

SUPPLEMENTARY INFORMATION:

I. Background

    The Lighter Association, Inc. (Lighter Association) is the national 
trade association of the U.S. lighter industry (manufacturers and 
distributors) representing at least 60% of the total lighter market in 
the U.S. According to information provided by the Lighter Association, 
more than 900 million lighters are transported in U.S. commerce 
annually. Fifty percent of these lighters are manufactured outside of 
the United States and are typically imported into the United States in 
freight containers transported by vessel.
    Lighters and lighter refills containing flammable gases or liquids 
are regulated as hazardous materials by the Research and Special 
Programs Administration (RSPA, we or us). Current requirements in the 
Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) applicable 
to the transportation of lighters are nearly fifty years old and do not 
adequately address current industry standards and safety practices. In 
accordance with Sec.  173.21(i) of the HMR, lighter designs and their 
inner packagings must be examined by an agency approved by RSPA's 
Associate Administrator for Hazardous Materials Safety (Associate 
Administrator). The Associate Administrator reviews each lighter design 
test report and issues lighter manufacturers or shippers a unique 
identifier number (approval number, T-number). Lighter designs must 
conform to the construction, capacity, and integrity requirements in 
Sec.  173.308 of the HMR. This section specifies the amount of fuel 
that may be contained in each device; requires each device to be 
capable of withstanding an internal pressure of at least two times the 
vapor pressure of the fuel at 55 [deg]C without leakage; and 
establishes overpack requirements. In addition, Sec.  172.102, Special 
Provision N10, requires lighters and lighter refills to be packaged in 
specified UN specification packagings that meet the Packing Group II 
performance level. Unless excepted by the HMR, any person who offers or 
transports lighters in commerce must mark the package and annotate the 
shipping paper with the approval number issued by the Associate 
Administrator.
    The United Nations Recommendations on the Transport of Dangerous 
Goods, 13th Revised Edition (UN Model Regulations), specify packaging 
requirements for lighters in greater detail than the HMR. For example, 
in addition to capacity and pressure limits, the UN Model Regulations 
require lighters in transportation to be protected against inadvertent 
discharge and valve mechanisms and their ignition devices to be 
securely sealed, taped, or otherwise fastened to prevent operation or 
leakage of the contents during transportation. The UN Model Regulations 
require lighters to be packaged in rigid outer packagings that meet the 
Packing Group II performance level, while the HMR specify the types of 
rigid outer packagings that are authorized.
    Since 1995, the U.S. Consumer Product Safety Commission (CPSC) and 
Health Canada have issued 97 lighter design recalls. Most recalls were 
due to excessive leakage or defective ignition elements. However, some 
of these recalls were prompted by incidents that involved fatalities, 
injuries, explosions, or fires for no apparent reason. Because these 
incidents were not transportation-related, we do not know at this time 
how many of the defective lighter designs had been approved by RSPA or 
CPSC. Although the CPSC approves lighter designs solely for child-
safety compliance, product recalls are the only mechanism that they 
have to remove defective consumer products from the marketplace. 
According to the Lighter Association, a failure to meet the pressure 
capability or leakage requirements of the HMR and the construction and 
structural integrity requirements of accepted industry standards most 
likely caused the incidents.
    We are concerned that these defective designs identified by CPSC 
could fail in transportation with potentially catastrophic results. We 
have recently been made aware of transportation incidents outside the 
United States involving containers of lighters that were found to 
contain high levels of flammable gas either above or near the lower 
explosive limit (LEL). It is highly possible that these lighter designs 
would not conform to the requirements in the HMR, UN Model Regulations, 
or industry standards. The problems may not stem from deficiencies in 
the current regulations; however, we believe there is a need to 
clarify, simplify and update current requirements to better facilitate 
and promote compliance, thereby enhancing the safe transportation of 
lighters in commerce. In addition, we believe that the recordkeeping 
and accountability

[[Page 50977]]

requirements proposed in this rule will lead to better enforcement of 
the regulations where necessary and lower the regulatory burden where 
appropriate.

II. Summary of Regulatory Changes by Section

Section 171.8

    The terms ``lighter'' or ``lighter refill'' are not currently 
defined in the HMR. Therefore, in this NPRM, we are proposing to add 
definitions for ``Lighter'' and ``Lighter refill'' in Sec.  171.8. Our 
proposed lighter definition is based on the current definition found in 
the CPSC regulations, 16 CFR parts 1210 and 1212, the American Society 
for Testing and Materials (ASTM) F400-00 Standard Consumer Safety 
Specification for Lighters, and the International Organization for 
Standardization's (ISO) 9994:1995(E) Lighters--Safety Specification. As 
proposed, for purposes of the HMR, ``Lighter'' would be defined as a 
mechanically operated flame-producing device that employs an ignition 
device, and, contains a Division 2.1 liquefied gas fuel such as butane, 
isobutane, propane, or mixture thereof, where the vapor pressure of the 
Division 2.1 material exceeds a gauge pressure of 101.3 kPa (14.7 psia) 
at 20 [deg]C. Under this definition, a lighter may be refillable or 
non-refillable, utilize a flint or electronic ignition system, and may 
be constructed under any style or design meeting the standards. This 
definition includes ``cigarette'' lighters and multi-purpose lighters. 
A multi-purpose lighter is one that is: (1) A utility lighter, that is, 
a lighter greater than four inches in length that may be used to light 
a fireplace or grill; (2) a micro torch or torch lighter or jet turbo 
lighter, that is, a high-intensity wind-resistant or wind-proof style 
that has little or no visible flame that may or may not be operated in 
a hands-free mode; and (3) a portable soldering or brazing torch with 
self-contained fuel supply. In this proposal, we no longer use the term 
``and similar devices'' when describing lighters. Consequently, another 
description most appropriate for a device not meeting the definition of 
``lighter'' must be chosen.
    For the purpose of the HMR, this definition does not include non-
pressurized (i.e., gauge vapor pressure of fuel not more than 34.5 kPa 
(5.0 psi) at 24 [deg]C (75 [deg]F)) ``wick'' lighter styles containing 
absorbed or unabsorbed flammable liquid fuel. Such lighters, when 
offered for transportation in a fueled condition, must be packaged and 
described based on the flammable liquid contained therein (e.g., 
Petroleum distillates, n.o.s. or Solids containing flammable liquids, 
etc.).
    Under this NPRM, a ``Lighter refill'' would be defined as a 
pressurized container of not more than 4 fluid ounces capacity (7.22 
cubic inches) that does not contain an ignition device but does contain 
a release device. The pressurized container may be UN specification or 
non-specification as authorized under the limited quantity provisions 
for compressed gases in Sec.  173.306(a)(1). We are proposing that 
under no circumstance may the description ``lighter refill'' be used 
for containers exceeding 4 fluid ounce (7.22 cubic inches) capacity 
regardless of whether a specification container is used or not. 
Containers exceeding 4 fluid ounce (7.22 cubic inches) capacity must be 
described based on the type of gas contained therein. The definition 
``lighter refill'' does not include non-pressurized flammable liquid 
lighter fuel used for ``wick'' style lighters. Such fuel would be 
appropriately described and packaged under the proper shipping name 
``Petroleum distillates, n.o.s.'' or similar description.

Section 172.101

    Section 172.101(c)(11) addresses the offering and transportation of 
lighter design samples. We propose to amend the note to paragraph 
(c)(11) by adding the words ``lighter samples'' and by adding a section 
reference for the transportation requirements applicable to these 
samples.
    In addition, we are proposing changes to the Sec.  172.101 
Hazardous Materials Table (HMT) for the shipping description ``Lighters 
or Lighter refills.'' Currently, there is only one description in the 
HMT for both lighters and lighter refills. Despite the use of the same 
identification number (UN 1057), we are 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 Sec.  
172.102, Special Provision 169.

Section 172.102

    We propose to add two new numerical special provisions, 168 and 
169, to specify what may be described under the description 
``lighters'' and ``lighter refills'', respectively. Special Provision 
168 would specify that lighter designs must be examined and tested by 
an authorized person. In addition, it would reference specific 
paragraphs in Sec.  173.308 for determining what constitutes a ``new'' 
lighter design, procedures for offering and transporting lighter 
samples for examination and testing, and would provide transitional 
dates for existing lighter designs. Special Provision 169 would set 
forth requirements for lighter refills that do not require approval 
(i.e., certification) under the HMR.
    Currently, Special Provision N10 sets forth authorized packagings 
for lighters and lighter refills. We propose to remove this special 
provision and relocate the packaging, marking, and shipping paper 
requirements for lighters to a more appropriate section in the HMR (see 
discussion under Sec.  173.308).

Section 173.21

    Currently, Sec.  173.21(i) prohibits the transportation of 
cigarette lighters and similar devices unless the design of the device 
and its inner packaging have been examined by the Bureau of Explosives 
and approved in writing by the Associate Administrator. In this 
proposal, we are revising this paragraph to permit lighter design 
samples to be offered and transported to an examination and testing 
facility under certain conditions set forth in Sec.  173.308(b)(2).

Section 173.306

    In Sec.  173.306, paragraph (h) would be redesignated as paragraph 
(i), and a new paragraph (h) would be added to prescribe requirements 
for lighter refills. Consequently, current paragraphs (i) and (j) would 
be redesignated as paragraphs (j) and (k) respectively. We propose to 
require lighter refills to conform to the current HMR volumetric 
capacity limit of 4 fluid ounces (7.22 cubic inches) for non-
specification pressure vessels containing limited quantities of 
compressed gas. Because they contain a release device, lighter refills 
may not be described as ``Gas cartridges (flammable)'' (UN2037). We are 
aware the UN Model Regulations specify the maximum quantity of 
flammable gas that may be contained in a lighter refill is 65 grams 
and, depending on the type of gas placed in the refill, the volumetric 
capacity we are proposing may not be sufficient. We are soliciting 
comments on this particular proposal for potential solutions to this 
disparity.
    Consistent with the UN Model Regulations, the International Civil 
Aviation Organization's Technical Instructions for the Safe Transport 
of Dangerous Goods by Air (ICAO Technical Instructions) and the 
International Maritime Organization's International Maritime Dangerous 
Goods Code (Amendment 32; IMDG Code), we are proposing to require

[[Page 50978]]

lighter refills to be packaged in outer packagings meeting the Packing 
Group II performance level. This specification packaging requirement is 
currently prescribed in the ICAO Technical Instructions for transport 
by aircraft and, under the 13th Revised Edition of the UN Model 
Regulations and Amendment 32 of the IMDG Code (both effective January 
1, 2005), the use of rigid outer packagings at the Packing Group II 
performance level will be required for lighter refills transported by 
all modes. Unless otherwise excepted, we propose to continue requiring 
UN specification outer packaging for lighter refills transported by all 
modes under the HMR and invite comments on whether, for highway or rail 
transport, this requirement is overly restrictive.
    We propose that, regardless of transport mode, lighter refills are 
not eligible for the exceptions under the ORM-D hazard class and may 
not be renamed ``Consumer commodity.'' We propose, in paragraph (2), to 
continue to allow the current exception from subparts C through H of 
part 172 (i.e., shipping papers, marking, labeling, placarding, 
emergency response information, and training), and part 177, for no 
more than 1,500 lighter refills carried aboard a transport vehicle (see 
discussion under Sec.  173.308(e)). In addition, this exception allows 
the use of non-specification outer packaging meeting the general 
requirements of subpart B of part 173. We invite comments on whether 
this exception is necessary, no longer relevant, or if it should be 
discontinued in the interest of safety.

Section 173.308

    Section 173.308 would be revised to add for lighters only: (a) 
General requirements including a new approval process; (b) examination 
and testing criteria including provisions for the offering of samples 
for examination and testing and recordkeeping requirements; (c) 
packaging requirements; (d) shipping paper and marking requirements; 
and (e) exceptions.
    Proposed paragraph (a) prescribes requirements for the design, 
capacity, and pressure capability of lighters that are generally 
consistent with definitions in ASTM F 400, ISO 9994, UN Model 
Regulations (Twelfth Revised Edition) and the current HMR. One 
important difference, however, is the adoption of a volumetric capacity 
limit consistent with the limited quantity of compressed gas provisions 
in Sec.  173.306(a)(1) of the HMR (4 fluid ounces (7.22 cubic inches)). 
In the interest of safety, we believe that although we are proposing an 
upper limit (10 grams (0.35 ounce)) of fuel that may be contained in a 
device, a maximum volumetric capacity consistent with the limited 
quantity provisions of the current HMR is also necessary.
    In Sec.  173.308(a)(3), the HMR currently require a cigarette 
lighter or similar device, including closures, to be capable of 
withstanding without leakage or rupture an internal pressure of at 
least two times the vapor pressure of the fuel at 55 [deg]C (131 
[deg]F). In addition, the HMR currently require each lighter design to 
be subjected to a leakage test (see Sec.  173.308(b)(3) of the 
regulatory text for actual test procedures). In this rule we are 
proposing to maintain the pressure capability requirement as a 
capability and not a required test. We are aware that the ASTM and ISO 
standards for lighters both prescribe an identical test for determining 
the pressure capability of a device and an elevated temperature test to 
determine leakage that appears to be less stringent than the HMR. In 
addition, we are aware that in Canada and Mexico, ASTM F400-00, Safety 
Standard for Lighters has the force and effect of law, and lighters 
imported to or manufactured there must conform to the standard. Because 
the ASTM standard is voluntary in the United States, we believe a 
significant number of these defective lighters are redirected to the 
U.S. market.
    In 2002, the Lighter Association petitioned the CPSC to require 
that all lighters manufactured or imported into the United States 
conform to ASTM F-400. In its petition, the Lighter Association stated 
that, between 1997 and 2002, there were 256 incidents involving 
lighters, of which 166 incidents resulted in fires and 69 incidents 
resulted in explosions. Although the lighters were not in 
transportation in commerce at the time of the incidents, the Lighter 
Association believes that the incidents caused by fuel leakage, self-
ignition, inadequate pressure capability, and failure to withstand high 
temperatures and drop tests could occur in transportation under similar 
conditions. On May 27, 2004, the CPSC denied the Lighter Association 
petition to adopt ASTM F-400 as a mandatory consumer product standard. 
In its conclusion, the CPSC stated that, while the cost of compliance 
to the industry may be low, the risk of death or injury as a result of 
lighter malfunctions does not warrant a rulemaking action. CPSC 
recommended that their Office of Compliance send a letter to all known 
lighter manufacturers and importers urging them to comply with ASTM F-
400.
    We are soliciting comments on whether the pressure test should 
remain as a capability test only and what impact or costs would be 
incurred if it were a required test. Although this regulatory 
requirement is currently a capability standard, we assume that 
prototype designs of devices are tested for structural integrity and, 
therefore, any costs incurred to show proof of compliance with the 
standard would be minimal if we adopt certain required tests from the 
ASTM/ISO standards for lighters. We are soliciting comments on whether 
to incorporate by reference transportation-related portions of the 
ASTM/ISO standards for lighters, thereby making compliance necessary, 
or to include them in the HMR as suggested methods by which the 
performance standard may be met. We are also soliciting comments on 
whether the leakage test currently required by the HMR is overly 
restrictive or unnecessary or whether we can adhere the same level of 
safety by requiring the elevated temperature and sealed fluid fuel 
reservoir leakage tests prescribed in the ASTM and ISO standards for 
lighters. Based on the merits of comments received, we may add a 
requirement for mandatory testing of lighters in accordance with the 
ASTM or ISO standards.
    Under the current regulations, packages of lighters must be marked 
with, and, shipping papers must be annotated with, the approval number 
assigned by RSPA. Under this proposal, we will no longer be approving 
lighter designs. Proposed paragraph (a) specifies who may examine and 
test a lighter design, that is, a person who is qualified and 
authorized by the Associate Administrator under the provisions of 
subpart E of part 107 as limited by the conditions specified in Sec.  
173.308(a)(4). Each authorized person would be assigned an 
identification code by RSPA to examine and test lighter designs and the 
identification code must appear on the test report with a unique test 
report identifier for each design tested. The entire ``code'' (both 
parts) would be required to be marked on a package containing lighters 
and annotated on shipping papers where applicable. The proposal permits 
testers to use the same design identifier that manufacturers register 
with CPSC, allowing for increased flexibility and less regulatory 
burden.
    Currently the HMR require all examination and testing facilities to 
be located in the United States. We invite comments on whether foreign 
entities should be allowed to examine and test lighter designs on 
behalf of the Competent Authority of the United States.

[[Page 50979]]

    Proposed paragraph (b) defines a ``new'' lighter design and 
prescribes the requirements under which a lighter design sample may be 
offered for transportation and transported for examination and testing. 
For transportation by aircraft, we are proposing that inner, 
intermediate, or outer packagings containing lighter samples must meet 
the pressure differential requirements (95 kPa) in Sec.  173.27(c). 
Paragraph (b) also prescribes the leakage test that a lighter design 
must pass (current test required by HMR) and the recordkeeping 
requirements for each lighter design. Finally, paragraph (b) includes a 
provision to allow for a five-year transition period for existing 
lighter approvals based on the life-cycle of current lighter designs. 
Consistent with CPSC policy, private labelers and distributors of such 
devices are not required to maintain copies of test reports, provided 
no changes are made to a device that would affect the ability of the 
device to pass the specified tests. A private labeler is someone who 
might place an approved device in a gift set, or someone who places 
advertisement logos in the form of labels on approved devices for 
resale. We invite comments on whether our definition of a ``new'' 
lighter design needs further clarification or if it is overly 
restrictive.
    Paragraph (c) prescribes the packaging requirements for 
successfully tested lighter designs. Currently, both lighters and their 
inner packagings must be examined, tested, and approved by the 
Associate Administrator. We propose to allow for a performance-based 
inner packaging design and would continue to require UN standard outer 
packaging at the Packing Group II performance level. This specification 
packaging requirement is currently prescribed in the ICAO Technical 
Instructions for transport by aircraft and in the 13th Revised Edition 
of the UN Model Regulations. Effective January 1, 2005, Amendment 32 of 
the IMDG Code will require the use of rigid outer packagings at the 
Packing Group II performance level. Therefore, unless otherwise 
excepted, we propose to continue the specification packaging 
requirement for lighters transported by all modes under the HMR and 
invite comments on whether, for highway or rail transport, this 
requirement is overly restrictive.
    Paragraph (d) prescribes the shipping paper and package marking 
requirements for lighters. Consistent with the current shipping paper 
and marking requirements in the HMR, we propose to require the 
identification code and test report identifier to be annotated on a 
shipping paper, in association with the basic description, and marked 
on a package, for all designs contained therein. In addition, we 
propose to continue requiring that, for transportation by vessel, a 
closed transport vehicle or closed freight container must be marked 
with the warning statement currently required by the HMR. Because the 
IMDG Code requires that all quantities of flammable gases be placarded 
with the Division 2.1 placard, we are soliciting comments as to whether 
this requirement is redundant or if the additional safeguard is 
warranted.
    Paragraph (e)(1) continues to allow the current exception from 
subparts C through H of part 172, and part 177, for no more than 1,500 
lighters carried aboard a transport vehicle by highway. In addition, it 
allows the use of non-specification outer packaging meeting the general 
requirements of subpart B of part 173. This paragraph does not, 
however, contain an exception from marking the test report identifier 
on the outer package because of the potential for transportation by 
common or contract carriage. We invite comments on whether this 
exception is necessary, no longer relevant, or if its use should be 
discontinued in the interest of safety.
    Based on the minimal level of risk posed by limited numbers of 
lighters, we are proposing in paragraph (e)(2) to allow additional 
exceptions for the private carriage of lighters. Under the current 
regulations, second or third tier distributors of lighters have great 
difficulty in complying with the UN standard packaging and the approval 
marking requirements. As proposed in this paragraph, lighters could be 
transported by private carriers in non-specification rigid outer 
packagings where the outer package contains 300 or fewer lighters. The 
total number of lighters that could be transported on a single vehicle 
would be limited to 1,500. These limits are based on current industry 
practice. In addition, because the approval number is not always known 
or may not be readily available at the time of delivery to a retail 
facility, we propose, that for lighters transported by private 
carriers, the lighter test report identifier would not be required to 
be marked on the outer packaging.

III. Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and, therefore, was 
not reviewed by the Office of Management and Budget. This rule is not 
significant under the Regulatory Policies and Procedures of the 
Department of Transportation (44 FR 11034).
    The proposed rule will not impose increased compliance costs on the 
regulated industry. Rather, the proposed rule incorporates current 
approval procedures for the transportation of lighters and lighter 
refills into the HMR and provides additional flexibility for persons 
seeking to obtain such approval. In addition, the proposed rule excepts 
certain shipments from the specification packaging requirements of the 
HMR; these exception provisions will increase shipping options and 
reduce shipment costs. Overall, this proposed rule should reduce the 
compliance burden on the regulated industry without compromising 
transportation safety.

B. Executive Order 13132

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132 
(``federalism''). This proposed rule would preempt State, local, and 
Indian tribe requirements but does not propose any regulation that has 
substantial direct effects on the States, the relationship between the 
national government and the States, or the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
consultation and funding requirements of Executive Order 13132 do not 
apply.
    The Federal hazardous materials transportation law, 49 U.S.C. 5101-
5127, contains an express preemption provision (49 U.S.C. 5125 (b)) 
that preempts State, local, and Indian tribe requirements on certain 
covered subjects. Covered subjects are:
    (i) The designation, description, and classification of hazardous 
materials;
    (ii) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous materials;
    (iii) The preparation, execution, and use of shipping documents 
related to hazardous materials and requirements related to the number, 
contents, and placement of those documents;
    (iv) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (v) The design, manufacture, fabrication, marking, maintenance, 
recondition, repair, or testing of a packaging or container 
represented, marked, certified, or sold as qualified for use in 
transporting hazardous material.
    This proposed rule addresses covered subject items (i), (ii), 
(iii), and (v) above and preempts State, local, and Indian tribe 
requirements not meeting the

[[Page 50980]]

``substantively the same'' standard. This proposed rule is necessary to 
update, clarify and provide relief from regulatory requirements.
    Federal hazardous materials transportation law provides at Sec.  
5125 (b)(2) that, if DOT issues a regulation concerning any of the 
covered subjects, DOT must determine and publish in the Federal 
Register the effective date of Federal preemption. The effective date 
may not be earlier than the 90th day following the date of issuance of 
the final rule and not later than two years after the date of issuance. 
RSPA has determined that the effective date of Federal preemption for 
these requirements will be 1 year from the date of publication of a 
final rule in the Federal Register.

C. Executive Order 13084

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13084 
(``Consultation and Coordination with Indian Tribal Governments''). 
Because this proposed rule does not significantly or uniquely affect 
the communities of the Indian tribal governments and does not impose 
substantial direct compliance costs, the funding and consultation 
requirements of Executive Order 13084 do not apply.

D. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Regulatory Policies and Procedures

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. The 
proposed rule will not impose increased compliance costs on the 
regulated industry. Rather, the proposed rule incorporates current 
approval procedures for the transportation of lighters and lighter 
refills into the HMR and provides additional flexibility for persons 
seeking to obtain such approval. In addition, the proposed rule excepts 
certain shipments from the specification packaging requirements of the 
HMR; these exception provisions will increase shipping options and 
reduce shipment costs. Overall, this proposed rule should reduce the 
compliance burden on the regulated industry without compromising 
transportation safety. Therefore, I certify that this rule will not 
have a significant economic impact on a substantial number of small 
entities.
    This notice has been developed in accordance with Executive Order 
13272 (``Proper Consideration of Small Entities in Agency Rulemaking'') 
and DOT's procedures and policies to promote compliance with the 
Regulatory Flexibility Act to ensure that potential impacts of draft 
rules on small entities are properly considered.

E. Paperwork Reduction Act

    RSPA currently has an approved information collection under Office 
of Management and Budget (OMB) Control Number 2137-0557, ``Approvals 
for Hazardous Materials,'' with an expiration date of June 30, 2007. 
This rule proposes no new information collection and recordkeeping 
requirements.
    Title 5, Code of Federal Regulations requires us to provide 
interested members of the public and affected agencies an opportunity 
to comment on information collection and recordkeeping requests. Under 
the Paperwork Reduction Act, no person is required to respond to an 
information collection unless it has been approved by OMB and displays 
a valid OMB control number.
    Requests for a copy of this information collection should be 
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous 
Materials Standards (DHM-10), Research and Special Programs 
Administration, Room 8422, 400 Seventh Street, SW., Washington, DC 
20590-0001, Telephone (202) 366-8553.
    All comments should be addressed to the Dockets Unit as identified 
in the ADDRESSES section, and received prior to the close of the 
comment period identified in the DATES section of this rulemaking. In 
addition, you may submit comments specifically related to the 
information collection burden to the RSPA Desk Officer, Office of 
Management and Budget (OMB) at fax number, 202-395-6974. Under the 
Paperwork Reduction Act of 1995, no person is required to respond to an 
information collection unless it displays a valid OMB control number.

F. Regulation Identifier Number (RIN)

    Aregulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

G. Unfunded Mandates Reform Act

    This proposed rule imposes no unfunded mandates and thus does not 
impose unfunded mandates under the Unfunded Mandates Reform Act of 
1995.

H. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or you may visit 
http://dms.dot.gov.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Labeling, Markings, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

    In consideration of the foregoing, 49 CFR Chapter I is proposed to 
be amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    1. The authority citation for part 171 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 44701; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134 
section 31001.

    2. In Sec.  171.8, new definitions ``Lighter'' and ``Lighter 
refill'' are added, in appropriate alphabetical sequence, to read as 
follows:


Sec.  171.8  Definitions and abbreviations.

* * * * *
    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 [deg]C (68 [deg]F) exceeds a gauge pressure 
of 101.3 kPa (14.7 psia). See Sec.  173.308 of this subchapter.
    Lighter refill means a pressurized container of not more than 4 
fluid ounces (7.22 cubic inches) capacity that

[[Page 50981]]

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. See Sec.  
173.306(h) of this subchapter.
* * * * *
    3. In Sec.  171.11, in paragraph (d), a new paragraph (18) is added 
to read as follows:


Sec.  171.11  Use of ICAO Technical Instructions.

* * * * *
    (d) * * *
    (18) Lighters and lighter refills (see Sec.  171.8 of this 
subchapter) must conform to the requirements of this subchapter.
* * * * *
    4. In Sec.  171.12, in paragraph (b), a new paragraph (22) is added 
to read as follows:


Sec.  171.12  Import and export shipments.

* * * * *
    (b) * * *
    (22) Lighters and lighter refills (see Sec.  171.8 of this 
subchapter) must conform to the requirements of this subchapter.
* * * * *
    5. In Sec.  171.12a, in paragraph (b), a new paragraph (21) is 
added to read as follows:


Sec.  171.12a  Canadian shipments and packagings.

* * * * *
    (b) * * *
    (21) Lighters and lighter refills (see Sec.  171.8 of this 
subchapter) must conform to the requirements of this subchapter.
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

    6. The authority citation for part 172 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    7. In Sec.  172.101, in paragraph (c)(11), the Note to paragraph 
(c)(11) is revised to read as follows:


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *
    (c) * * *
    (11) * * *
    Note to Paragraph (c)(11): For the transportation of samples of 
self-reactive materials, organic peroxides, explosives or lighters, see 
Sec. Sec.  173.224(c)(3), 173.225(c)(2), 173.56(d) or 173.308(b)(2) of 
this subchapter, respectively.
* * * * *
    8. In Sec.  172.101, the Hazardous Materials Table is revised to 
read as follows:

[[Page 50982]]



                                                                            Sec.   172.101--Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
             Symbols                Hazardous materials    Hazard   Identification   PG    Label    Special        (8)  Packaging (Sec.          (9)  Quantity limitations        (10)  Vessel
----------------------------------   descriptions and     class or      numbers    ------  codes   provisions            173.***)           ----------------------------------      stowage
                                      proper shipping     division ----------------      ---------------------------------------------------    Passenger      Cargo aircraft ------------------
                                           names        -----------                                            Exceptions   Non-     Bulk     aircraft/rail         only        Location   Other
               (1)                ----------------------                             (5)                      ------------  bulk ---------------------------------------------------------------
                                                            (3)           (4)               (6)       (7)                 -------
                                            (2)                                                                   (8A)      (8B)     (8C)          (9A)             (9B)         (10A)     (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                   (REMOVE)............
 
                                                                                          * * * * * * *
                                   Lighter replacement
                                    cartridges
                                    containing
                                    liquefied petroleum
                                    gases (and similar
                                    devices, each not
                                    exceeding 65
                                    grams). See
                                    Lighters or Lighter
                                    refills etc.
                                    containing
                                    flammable gas.
                                   Lighters or Lighter
                                    refils containing
                                    flammable gas.
 
                                                                                          * * * * * * *
                                   (ADD)...............
 
                                                                                          * * * * * * *
                                   Lighters containing         2.1        UN1057    ....     2.1          168        308     308       None             1 kg            15 kg          B      40
                                    flammable gas.
                                   Lighter refills       .........  ..............  ....  ......          169
                                    containing
                                    flammable gas
                                    exceeding 4 fluid
                                    ounces capacity
                                    (7.22 cubic inches).
 
                                                                                          * * * * * * *
                                   Lighter replacement
                                    cartridges
                                    containing
                                    liquefied petroleum
                                    gases (and similar
                                    devices) see
                                    Lighter refills
                                    containing
                                    flammable gas. etc.
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 50983]]

* * * * *


Sec.  172.102  [Amended]

    9. In Sec.  172.102:
    a. In paragraph (c)(1), new Special Provisions 168 and 169 are 
added.
    b. In paragraph (c)(5), Special Provision N10 is removed.
    The additions read as follows:


Sec.  172.102  Special provisions.

* * * * *
    (c) * * *
    (1) * * *
* * * * *
    168 This entry applies to lighters (see Sec.  171.8 of this 
subchapter). Representative samples of each new lighter design must be 
examined and successfully tested as specified in Sec.  173.308(b)(3). 
For criteria in determining what is a new lighter design, see Sec.  
173.308(b)(1). For transportation of new lighter design samples for 
examination and testing, see Sec.  173.308(b)(2). The examination and 
testing of each lighter design must be performed by a person authorized 
by the Associate Administrator under the provisions of subpart E of 
part 107 of this chapter, as specified in Sec.  173.308(a)(4). For 
continued use of approvals dated prior to [enter date five years after 
effective date of final rule], see Sec.  173.308(b)(4)(ii).
    169 This entry applies to lighter refills (see Sec.  171.8 of this 
subchapter) that contain a Division 2.1 (flammable) gas but do not 
contain an ignition device. Lighter refills offered for transportation 
under this entry may not exceed 4 fluid ounces capacity (7.22 cubic 
inches). A lighter refill exceeding 4 fluid ounces capacity (7.22 cubic 
inches) must be classed as a Division 2.1 material, described with the 
proper shipping name appropriate for the material, and packaged in the 
packaging specified in part 173 of this subchapter for the flammable 
gas contained therein. See Sec.  173.306(h) of this subchapter.
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

    10. The authority citation for part 173 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.53.

    11. In Sec.  173.21, paragraph (i) is revised to read as follows:


Sec.  173.21  Forbidden materials and packages.

* * * * *
    (i) Except for a package containing a lighter design sample that 
meets the requirements of Sec.  173.308(b)(2), a package containing a 
lighter (see Sec.  171.8 of this subchapter) of a design that has not 
been examined and successfully tested by an authorized person under the 
criteria specified in Sec.  173.308(a)(4).
* * * * *


Sec.  173.306  [Amended]

    12. In Sec.  173.306:
    a. In paragraph (a)(1), in the last sentence, the wording 
``paragraph (h)'' is removed and the wording ``paragraph (i)'' is added 
in its place.
    b. In paragraph (a)(3), in the last sentence, the wording 
``paragraph (h)'' is removed and the wording ``paragraph (i)'' is added 
in its place.
    c. In paragraph (b), in the last sentence, the wording ``paragraph 
(h)'' is removed and the wording ``paragraph (i)'' is added in its 
place.
    d. Paragraphs (h) through (j) are redesignated as paragraph (i) 
through (k), and a new paragraph (h) is added to read as follows:


Sec.  173.306  Limited quantities of compressed gases.

* * * * *
    (h) Lighter refills. (1)(ii) Lighter refills (see Sec.  171.8 of 
this subchapter) may not contain an ignition element but must contain a 
release device. Lighter refills offered for transportation under this 
section may not exceed 4 fluid ounces capacity (7.22 cubic inches). 
Lighter refills must be tightly packed and secured against movement in 
one of the following outer packagings at the Packing Group II 
performance level:

Wooden box: 4C1 or 4C2
Plywood box: 4D
Reconstituted wood box: 4F
Fiberboard box: 4G
Plastic box: 4H1 or 4H2
Steel box: 4A
Aluminum drum: 1B2
Steel drum: 1A2
Fiber drum: 1G
Plastic 1H2
Metal drum: 1N2

    (ii) For transportation by passenger-carrying aircraft, the net 
mass of flammable gas may not exceed 1 kg per package, and, for cargo-
only aircraft, the net mass of flammable gas may not exceed 15 kg per 
package. A container exceeding 4 fluid ounces volumetric capacity (7.22 
cubic inches) may not be connected or manifolded to a lighter or 
similar device and must be described and packaged according to the fuel 
contained therein.
    (2) Exceptions. For highway transportation, when no more than 1,500 
lighter refills covered by this paragraph are transported in one motor 
vehicle, the requirements of subparts C through H of part 172, and Part 
177 of this subchapter do not apply. Lighter refills covered under this 
paragraph must be packaged in rigid, strong outer packagings meeting 
the general packaging requirements of subpart B of this part. Outer 
packagings must be plainly and durably marked, on two opposing sides or 
ends, with the word ``LIGHTER REFILLS'' and the number of devices 
contained therein in letters measuring at least 20 mm (0.79 in) in 
height. No person may offer for transportation or transport the lighter 
refills or prepare the lighter refills for shipment unless that person 
has been specifically informed of the requirements of this section.
* * * * *
    13. Section 173.308 is revised to read as follows:


Sec.  173.308  Lighters.

    (a) General requirements. No person may offer for transportation or 
transport a lighter (see Sec.  171.8 of this subchapter) except under 
the following conditions:
    (1) The lighter must contain a fuel reservoir not exceeding 4 fluid 
ounces capacity (7.22 cubic inches), and must contain not more than 10 
grams (0.35 ounce) of flammable gas. A lighter that exceeds these 
volumetric capacity and weight limitations may be offered for 
transportation or transported only if specifically approved by the 
Associate Administrator.
    (2) The maximum filling density may not exceed 85 percent of the 
volumetric capacity of each fluid chamber at 15 [deg]C (59 [deg]F).
    (3) Each lighter design, including closures, must be capable of 
withstanding, without leakage or rupture, an internal pressure of at 
least two times the pressure of the flammable gas at 55 [deg]C (131 
[deg]F).
    (4) Each lighter design must be examined and successfully tested by 
a person or agency (authorized testing agency) who is authorized by the 
Associate Administrator to perform such examination and testing under 
the provisions of subpart E of part 107 of this chapter and who--
    (i) Has the equipment necessary to perform the testing required to 
the level of accuracy required;
    (ii) Is able to demonstrate, upon request, the knowledge of the 
testing procedures and requirements of the HMR relative to lighters;
    (iii) Does not manufacture or market lighters, is not owned in 
whole or in part, or is not financially dependent upon any entity that 
manufactures or markets lighters;
    (iv) Is a resident of the United States; and

[[Page 50984]]

    (v) Performs all examination and testing in accordance with the 
requirements of paragraphs (b)(3) and (b)(4) of this section.
    (5) The Associate Administrator will assign an identification code 
to each person who is authorized to examine and test lighters. This 
identification code must be incorporated into a unique test report 
identifier for each successfully tested lighter design.
    (b) Examination and testing of lighter design types. (1) Lighter 
design type definition. A new lighter design is one that has never been 
examined and tested or one that differs from a previous design in any 
manner that may affect the escape (leakage) of gas. Lighter 
characteristics that may affect the escape of gas include changes in 
materials of construction, ignition mechanism, burner valve design, 
wall thickness, sealing materials, and type of fuel (e.g., vapor 
pressure differences).
    (2) Lighter samples submitted for examination and testing. Samples 
of a new lighter design are excepted from the requirements of paragraph 
(a)(4) of this section and may be offered for transportation and 
transported under the following conditions:
    (i) The samples must be transported only to an authorized testing 
agency;
    (ii) No more than 12 lighters may be packaged in a single outer 
packaging;
    (iii) Inner packagings must conform to the requirements of 
paragraph (c)(1) of this section. For transportation by aircraft, 
intermediate or outer packagings must meet the pressure differential 
requirements of Sec.  173.27(c) of this part;
    (iv) The outer packaging must conform to the requirements of 
Subpart M of Part 178 of this subchapter at the Packing Group I 
performance level and to the requirements of Sec.  173.24 of this 
subpart;
    (v) The word ``sample'' must appear on the shipping paper as part 
of the proper shipping name or in association with the basic 
description; and
    (vi) In addition to other required markings and labels, the package 
must be marked ``SAMPLE FOR EXAMINATION AND TESTING.''
    (vii) All other applicable requirements of this subchapter must be 
met.
    (3) Examination and testing of sample lighters by an authorized 
testing agency. Each sample lighter must be examined for conformance 
with paragraph (a) of this section by a person authorized by the 
Associate Administrator. In addition, lighters must be subjected to the 
following elevated temperature leakage test:
    (i) A minimum of six lighters must be submitted for examination and 
testing. Store the lighters in a laboratory desiccator for 24 hours. 
After drying, weigh each lighter on an analytical balance capable of 
accurately measuring gross mass to within 1/10 of a milligram (0.0001 
grams).
    (ii) After weighing, place the lighters together in an explosion-
proof, controlled-temperature laboratory oven capable of maintaining 
38.7  1[deg]C (100  3[deg]F) for 96 continuous 
hours (4 days). At the end of 96 hours, remove the lighters from the 
oven and place them in the same laboratory desiccator that was used for 
initial storage of the lighters. Allow the lighters to cool.
    (iii) After cooling, weigh each lighter, subtract the mass after 
oven exposure from the original mass before the oven exposure, and 
determine the net weight differences for each lighter tested.
    (iv) Weight losses must be assessed to determine the quantity of 
gas that leaked from the lighters and from the weight change as a 
result of absorbed moisture. If the net weight has increased, the test 
facility must run the required test using six empty lighters in 
parallel with the six filled lighters. The parallel tests are conducted 
to determine the weight of moisture absorbed in the plastic in order to 
more accurately determine the weight loss of the lighters from gas 
leakage.
    (v) If the net weight loss for any one of the six lighters exceeds 
20 milligrams (0.020 grams), the design must be rejected.
    (vi) Lighters manufactured to a rejected lighter design may not be 
offered for transportation or transported in commerce unless approved 
in writing by the Associate Administrator.
    (4) Recordkeeping requirements. (i) Following the examination of 
each new lighter design, the person or agency that conducted the 
examination and test must prepare a test report. At a minimum, the test 
report must contain the following information:
    (A) Name and address of test facility;
    (B) Name and address of applicant;
    (C) A test report identifier, that is, the authorized person or 
agency identifier code immediately followed by an alpha/numeric 
identifier of four or more characters assigned to the specific lighter 
design by the authorized person or agency (e.g., ``LAA* * *,'' where, 
``LAA'' is the identification code assigned to the authorized person or 
agency by the Associate Administrator and ``* * *'' is replaced with 
the unique test report identifier assigned to the specific lighter 
design by the authorized person or agency);
    (D) Manufacturer of the lighter. For a foreign manufacturer, the 
U.S. agent or importer must be identified;
    (E) Description of the lighter design type (e.g., model, 
dimensions, ignition mechanism, reservoir capacity, lot/batch number) 
in sufficient detail to ensure conformance with paragraph (b)(4)(iii) 
of this section; and
    (F) A certification by the authorized testing agency that the 
lighter design conforms to paragraph (a) of this section and passes or 
does not pass the required leakage test in paragraph (b) of this 
section.
    (ii) For as long as any lighter design is in production and for at 
least three years thereafter, a copy of each lighter's test report must 
be maintained by the authorized testing agency that performed the 
examination and testing and the manufacturer of the design. For a 
foreign manufacturer, each test report must be maintained in accordance 
with this paragraph by the foreign manufacturer's U.S. agent or 
importer.
    (iii) Test reports must be traceable to a specific lighter design 
and must be made available to a representative of the Department upon 
request.
    (5) Transitional provisions. Until [INSERT DATE FIVE YEARS FROM 
EFFECTIVE DATE OF FINAL RULE], approval numbers (i.e., T-* * *) 
previously issued by the Associate Administrator may continue to be 
marked on packages and annotated on shipping papers, where applicable. 
After that time, previously issued approvals will no longer be valid 
and each lighter design must be re-examined and tested under the 
provisions of this section.
    (c) Packaging requirements. (1) Inner containment. Lighters must be 
placed in an inner packaging that is designed to prevent movement of 
the lighters and inadvertent ignition or leakage. The ignition device 
and gas control lever of each lighter must be designed, or securely 
sealed, taped, or otherwise fastened or packaged to protect against 
accidental functioning or leakage of the contents during transport. If 
lighters are packed vertically in a plastic tray, a plastic, fiberboard 
or paperboard partition must be used to prevent friction between the 
ignition device and the inner packaging.
    (2) Outer packaging. Lighters must be packaged in one of the 
following outer packagings at the Packing Group II performance level:

Wooden box: 4C1 or 4C2
Plywood box: 4D
Reconstituted wood box: 4F
Fiberboard box: 4G
Plastic box: 4H1 or 4H2
Steel box: 4A
Aluminum drum: 1B2
Steel drum: 1A2

[[Page 50985]]

Fiber drum: 1G
Plastic 1H2
Metal drum: 1N2

    (d) Shipping paper and marking requirements. (1) In addition to the 
requirements of subpart C of part 172, shipping papers must be 
annotated with the lighter design test report identifier (see paragraph 
(b)(4)(i)(C) of this section) traceable to the test report assigned to 
the lighters or, if applicable, the previously issued approval number 
(i.e., T***), in association with the basic description.
    (2) In addition to the requirements of subpart D of part 172, a 
lighter design test report identifier (see paragraph (b)(4)(i)(C) of 
this section) or, if applicable, the previously issued approval number 
(i.e., T***), must be marked on a package containing lighters.
    (3) For transportation by vessel in a closed transport vehicle or a 
closed freight container, the following warning must be affixed to the 
access doors:
WARNING--MAY CONTAIN EXPLOSIVE MIXTURES WITH AIR--KEEP IGNITION SOURCES 
AWAY WHEN OPENING.
    The warning must be on a contrasting background and must be in 
letters measuring at least 12.7 mm (0.5 inch) in height.
    (e) Exceptions. (1) Common or contract carriage. For highway 
transportation by common or contract carrier, when no more than 1,500 
lighters covered by this section are transported in one motor vehicle, 
the requirements of subparts C through H of part 172, and Part 177 of 
this subchapter do not apply. Inner packagings must conform to 
paragraph (c)(1) of this section. Lighters must be further packaged in 
rigid, strong outer packagings meeting the general packaging 
requirements of subpart B of part 173. Outer packagings must be plainly 
and durably marked, on two opposing sides or ends, with the word 
``LIGHTERS'' and the number of devices contained therein in letters 
measuring at least 20 mm (0.79 in) in height. In addition, outer 
packagings must be marked with the test report identifier as specified 
in paragraph (b)(4)(i)(c) of this section or, if applicable, the 
previously issued approval number (i.e., T***). No person may offer for 
transportation or transport the lighters or prepare the lighters for 
shipment unless that person has been specifically informed of the 
requirements of this section.
    (2) Private carriage. For highway transportation by a private 
carrier, lighters that have been examined and successfully tested in 
accordance with this section are not subject to any other requirements 
of this subchapter under the following conditions:
    (i) No person may offer for transportation or transport the 
lighters or prepare the lighters for shipment unless that person has 
been specifically informed of the requirements of this section;
    (ii) Lighters must be placed in an inner packaging that is designed 
to prevent accidental activation of the ignition device or valve, 
release of gas, and movement of the lighters (e.g., tray, blister pack, 
etc.);
    (iii) Inner packagings must be placed in a securely closed rigid 
outer packaging that limits movement of the inner packagings and 
protects them from damage;
    (iv) The outer package may contain not more than 300 lighters;
    (v) A transport vehicle may carry not more than 1,500 lighters at 
any one time;
    (vi) The lighters may not be placed in an outer packaging with 
other hazardous materials; and
    (vii) Outer packagings must be plainly and durably marked with the 
words ``LIGHTERS, excepted quantity.''

    Issued in Washington, DC, on August 3, 2004, under authority 
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 04-18195 Filed 8-13-04; 8:45 am]
BILLING CODE 4910-60-P