{"operation":"document","citation":"98-0291","title":"Scripto Tokai — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-09-30","effective_on":null,"summary":"98-0291 response to Scripto Tokai concerning 173.308.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0291.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0291.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0291","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980291.pdf","body":"<<<PAGE 1>>>\n\nU.S.Department\nof Transportation\n400 Seventh Street, S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nSEP 30 1998\nMr. Lavern Johnson\nScripto Tokai\nRef. No. 98-0291\n212 West 24th Street\nSuite #B\nNational City, CA 91950\nDear Mr. Johnson:\nThis is in response to your letter dated September 17, 1998, and regarding the marking requirements in 49\nCFR 173.308 for packages containing cigarette lighters, promulgated under Docket HM-166Y, entitled\n\"Transportation of Hazardous Materials; Miscellaneous Amendments.\"\nYou asked whether the number of devices (i.e., cigarette lighters) must be marked on the individual\ncartons when less than 1,500 devices are transported in one motor vehicle. In subsequent telephone\nconversations with several members of my staff, you stated that you had only recently been made aware\nof these changes and needed more time in which to comply. Consequently, you inquired about applying\nfor a temporary exemption from the effective date, October 1, 1998, of the final rule.\nOn July 10, 1998, a final rule was published in the Federal Register which amended the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) by incorporating miscellaneous changes, which\nincluded adoption of a requirement that outer packages containing cigarette lighters or other similar\ndevices charged with fuel be marked to identify the total number of devices contained in the package.\nEffective October 1, 1998, as required by § 173.308(b), a cigarette lighter or other similar device charged\nwith a flammable gas is excepted from the requirements of Subparts C through H of Part 172 and Part\n177 if: no more than 1,500 devices are transported in one motor vehicle by highway; and the outer\npackaging is marked with the required proper shipping name or the words \"CIGARETTE LIGHTERS\"\nand the number of devices contained in the package. If you do not meet this exception, all applicable\nfound in 49 CFR 107.105.\nprovisions of the HMR must be met. For your information, procedures to apply for an exemption are\nI hope this satisfies your inquiry.\nSincerely,\nSile Bills\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n09-17-98 02:58PM\nFROM SCRIPTO TOKAI S D\nTO 12023663753\nP001/001\nEingrum\nMe Ente\nScripto\n15173-3888\n• TOK\n98-0291\n212 WEST 24TH STREE\nSAN DIEGO OFFICI\nNATIONAL CITY. CA 91950\nSuIte #B\nTELEPHONE: (619) 477-9485\nFAx: (619) 477-6805\nSeptember 17, 1998\nVIA FAX\nDepartment of Transportation\nOffice of Standards and Interpretation\n400 7° Street S. W.\nWashington, D.C. 20950\nMr. Ed Mazzullo:\npackaging containing cigarette lighters or other similar devices must be marked with the\nA change to 49CFR 173.308(b) with an effective date of October 1, 1998 states the outer\nhigher of devices contained in the package when transported in one motor vehicle by\nScripto Tokai Corp package lighters (cigarettes) and utility lighters in cartons that contain\nless than 1500 pieces. Customers may order any quantity of cartons. We offer the\nshipments) to a transportation company and there will be several destinations. At some\ndelivery to the final destination.\npoint the carrier, traveling by highway, may be transporting less than 1500 devices for\nMust the number of devices be marked on the individual carton?\nRegards,\nromanor\nLayern Johnsor\nCorporate Tratic Manager","truncated":false,"body_characters":3365}