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October 1999 Volume 1 Number
3
Shipping
Disposable Lighters as Forensic Evidence
Michael E. Miller |
Industrial Hygiene
and Safety Manager
Logistical Support Unit
Federal Bureau of Investigation
Washington, DC |
Law enforcement personnel
package and ship forensic evidence. Although these tasks may
be routine, they are not trivial. Federal, state, and local law
enforcement agencies must comply with federal hazardous materials
transportation law, United States Code 49. This manuscript does
not attempt to provide all the information needed to properly
package and ship every type of forensic evidence deemed a hazardous
material. This manuscript does, however, present a mechanism
by which disposable lighters can be packaged and shipped when
confiscated in a criminal case.
The United States Department
of Transportation (DOT) is responsible for protecting against
the risks to life and property when hazardous materials are transported
in commerce (National Governors' Association, page 1). From a
transportation perspective, a hazardous material is a substance
capable of posing an unreasonable risk to health, safety, and
property when transported in commerce. This is embodied in 49
CFR 172.101, Table of Hazardous Materials. The Table lists proper
shipping names along with other packaging and shipping information.
Although the Table may seem to list every possible hazardous
material, it is not easy to categorize the contents of a package
for shipment because there are pages of minute detail on what
constitutes a particular hazard class.
In addition to conforming
to the regulations prescribed by DOT, other federal agencies
including the Nuclear Regulatory Commission, the Environmental
Protection Agency, and the Occupational Safety and Health Administration
(National Governors' Association, page 4) may manage different
facets of the transportation process. Other transportation organizations
may be more strict in their interpretation of commonly imposed
regulations. For example, if a hazardous material shipment is
properly classified, packaged, marked, and labeled per DOT mandates,
member carriers within the International Air Transport Association
(IATA) may impose additional restrictions, and each airline carrier
member of IATA may impose restrictions different from another
member.
In the case of lighters,
DOT essentially prohibits shipping per 49 CFR 173.21(I). To properly
ship disposable lighters, manufacturers must comply with 49 CFR
173.308, then withstand the scrutiny of the Bureau of Explosives
for the design of the product and the inner shipping packaging
in which the lighter will be placed. If all are satisfied, DOT's
Associate Administrator for Hazardous Material Safety will give
the manufacturer permission to ship that product. Law enforcement
agencies are not in the business of disposable butane lighter
production and distribution; however, the instructions in 49
CFR 107.705 can be applied to allow for the approval of proper
packaging and shipping procedures.
On March 29, 1999, the Federal
Bureau of Investigation (FBI) Laboratory, requested the approval
from DOT to ship lighters by detailing specific packaging and
shipping instructions. Based upon the acceptance of these instructions
on April 8, 1999 and a revision on June 9, 1999, the Office of
Hazardous Materials Exemptions and Approvals granted the FBI
Laboratory approval to ship devices equipped with an ignition
element and containing fuel. Specifically, this approval is for
the use of the FBI and all local, state, and federal law enforcement
agencies or other entities that have prior arrangements with
the FBI Laboratory to ship lighters for forensic examination.
The FBI Laboratory's approval is shown below. This document details
the provisions under which the approval was granted, packaging
instructions, labeling and marking requirements, who to contact
if there is an incident during transportation, and the limitations
of the approval.
It is the responsibility
of the contributing agency to ensure that compliance with all
the requirements of Title 49 are met prior to utilizing this
approval. The above document contains the information on the
proper labeling, marking, and packaging materials required. To
comply with Number Six of the approval, a copy of this approval
may be used and shipment made after contacting the FBI. Packaging
materials may be obtained from the FBI Laboratory's Materials
Devices Unit at (202) 324-4341.
It is imperative to realize
the importance of Title 49 whenever forensic evidence is packaged
and shipped in commerce, particularly if the evidence is a hazardous
material. The FBI Laboratory provided a mechanism to properly
package and ship a previously prohibited hazardous material.
The FBI Laboratory is committed to the challenge of providing
safe methods of transportation for hazardous materials in addition
to preserving forensic evidence. The goal of law enforcement
agencies is to protect personnel and the public, including package
handlers, without losing the ability to properly examine the
evidence.
Reference
National Governors' Association,
Center for Policy Research for the Office of Hazardous Materials
Transportation, Research and Special Programs Administration,
United States Department of Transportation. Hazardous Materials
Transportation Regulatory and Enforcement Programs: A Governor's
Guide, DTRS-57-88-P-80961.
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FORENSIC SCIENCE COMMUNICATIONS OCTOBER 1999 VOLUME
1 NUMBER 3 |