Novelty Inc.

Decision paragraph 1Docket Order: PHMSA-RSPA-2004-19826On November 29, 2004, the Office of Chief Counsel issued an Order (Order) to Novelty Inc. (Respondent), finding that Respondent had committed the following six violations of the Hazardous Materials Regulations (HMR) and assessing a civil penalty of $22,140.00. Violation No.1: Offering hazardous materials- Lighters, containing flammable gas, 2 .1,U N 1057- for transportation in Commerce when the lighter and its packagings bad not been examined by an agency authorized to examine such devices and when the devices had not been specifically approved by the Assoc Administrator for Hazardous Materials. Violation 2: Offering hazardous materials Lighters, containing flammable gas, 2 .1,U N 1057- for transportation in Commerce when failing to package the hazardous materials in unauthorized packages. Violation 3: Offering hazardous materials- Lighters, containing flammable gas, 2 .1, UN 1057- for transportationin commerce when the packages were not marked or labeled. Violation 4: Offering hazardous materials-Lighters, containing flammable gas, 2 .1, UN 1057- for transportation in commerce while failing to prepare shipping papers, including valid emergency response phone numbers. Violation 5: Offering a non-hazardous material for transportation in commerce while representing the material as being a hazardous material by its packagings marked with the proper shipping name, identification number, T-approval number and hazardous class warning label. Violation 6: Offering hazardous materials- Lighters, containing flammable gas, 2 .1, UN 1057- for transportationin commerce while failing to provide general awareness, function specific, and safety training to hazmat employees. A civil penalty was assessed in the amount of 22,140.00.#