49 C.F.R. 49 CFR--PART 172


Title 49 - Transportation


Amendment from January 23, 2006

49 CFR--PART 172
View Printed Federal Register page 71 FR 3427 in PDF format.

Amendment(s) published January 23, 2006, in 71 FR 3427


Effective Date(s): January 1, 2007

9. In §172.102, the following changes are made:

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:

§ 172.102   Special provisions.

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(c)  *  *  *

(1)  *  *  *

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168  For lighters containing a Division 2.1 gas (see §171.8 of this subchapter), representative samples of each new lighter design must be examined and successfully tested as specified in §173.308(b)(3). For criteria in determining what is a new lighter design, see §173.308(b)(1). For transportation of new lighter design samples for examination and testing, see §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 §173.308(a)(4). For continued use of approvals dated prior to January 1, 2012, see §173.308(b)(5).

For non-pressurized lighters containing a Class 3 (flammable liquid) material, its design, description, and packaging must be approved by the Associate Administrator prior to being offered for transportation or transported in commerce. In addition, a lighter design intended to contain a non-pressurized Class 3 material is excepted from the examination and testing criteria specified in §173.308(b)(3). An unused lighter or a lighter that is cleaned of residue and purged of vapors is not subject to the requirements of this subchapter.

169  This entry applies to lighter refills (see §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) or contain more than 65 grams of fuel. A lighter refill exceeding 4 fluid ounces capacity (7.22 cubic inches) or containing more than 65 grams of fuel 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. In addition, a container exceeding 4 fluid ounces volumetric capacity (7.22 cubic inches) or containing more than 65 grams of fuel may not be connected or manifolded to a lighter or similar device and must also be described and packaged according to the fuel contained therein. For transportation by passenger-carrying aircraft, the net mass of lighter refills may not exceed 1 kg per package, and, for cargo-only aircraft, the net mass of lighter refills may not exceed 15 kg per package. See §173.306(h) of this subchapter.

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