USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #98-0291 ([Scripto Tokai] [Mr. Lavern Johnson])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Scripto Tokai

Individual Name: Mr. Lavern Johnson

Location State: CA Country: US

View the Interpretation Document

Response text:

SEP 30, 1998


Mr. Lavern Johnson                            Ref. No. 98-0291
Scripto Tokai
212 West 24th Street
Suite #B
National City, CA 91950

Dear Mr. Johnson:

This is in response to your letter dated September 17, 1998, and regarding the marking requirements in 49 CFR 173.308 for packages containing cigarette lighters, promulgated under Docket HM-166Y, entitled "Transportation of Hazardous Materials; Miscellaneous Amendments."

You asked whether the number of devices (i.e., cigarette lighters) must be marked on the individual cartons when less than 1,500 devices are transported in one motor vehicle.  In subsequent telephone conversations with several members of my staff, you stated that you had only recently been made aware of these changes and needed more time in which to comply.  Consequently, you inquired about applying for a temporary exemption from the effective date, October 1, 1998, of the final rule.

On July 10, 1998, a final rule was published in the Federal Register which amended the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) by incorporating miscellaneous changes, which included adoption of a requirement that outer packages containing cigarette lighters or other similar devices charged with fuel be marked to identify the total number of devices contained in the package.  Effective October 1, 1998, as required by § 173.308(b), a cigarette lighter or other similar device charged with a flammable gas is excepted from the requirements of Subparts C through H of Part 172 and Part 177 if:  no more than 1,500 devices are transported in one motor vehicle by highway; and the outer packaging is marked with the required proper shipping name or the words "CIGARETTE LIGHTERS" and the number of devices contained in the package.   If you do not meet this exception, all applicable provisions of the HMR must be met.  For your information, procedures to apply for an exemption are found in 49 CFR 107.105.

I hope this satisfies your inquiry.



                                                      Delmer F. Billings
                                                      Chief, Standards Development
                                                      Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.308 Lighters