Proper Shipping Name for Butane Torch Refills

This responds to your letter dated January 4, 2001 requesting clarification on the proper shipping description, under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), for your BF-9 cylinder used to fill butane torches.

According to your letter, Bernzomatic merchandises a small, non-refillable cylinder filled with butane as a fuel source for various products. The primary use for this cylinder is to allow customers to fill butane torches distributed by your company. You state that on January 3, 2001, a DOT inspector cited Bernzomatic stating that the proper shipping name for the product should be "Lighter Refills, 2.1, UN 1057." Bernzomatic described the product in the cylinder as "Petroleum gas, liquefied, 2. 1, UN 1075." You believe "Petroleum gas, liquefied, 2.1, UN 1075" most appropriately describes the product and that this description would be better recognized by an emergency responder.

Under the provisions of § 173.22, it is the shipper's responsibility to properly class and describe a hazardous material. This Office does not normally perform that function. However, based on the information provided in your letter and attachment, it is the opinion of this Office that your product may be appropriately described as: "Petroleum gas, liquefied, 2.1 UN 1075," or "Butane, 2.1, UN 1057." In addition, if your product is used as a lighter refill your product may also be described as "Lighter Refills, 2.1, UN 1057." Further, the proper shipping name you select will determine the authorized packaging for the product. In every instance Emergency Response Guidebook guide number 115 applies to each of these shipping descriptions.