For lighters containing a Division 2.1 gas (see §171.8), representative samples of each new lighter design must be examined and successfully tested as specified in §173.308. For criteria in determining what is a new lighter design, see §173.308. For transportation of new lighter design samples for examination and testing, see §173.308. 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. For continued use of approvals dated prior to January 1, 2012, see §173.308.
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. An unused lighter or a lighter that is cleaned of residue and purged of vapors is not subject to the requirements of this subchapter.