Design & Product Development IDEO Chicago — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Speciai Programs Administration AUG 1 2 2003 Mr. Iain Roberts Reference No. 03-0131 Design & Product Development IDEO Chicago 630 Davis Street Evanston, IL 60201 Dear Mr. Roberts: This is in response to your May 20, 2003 letter, and the subsequent material safety data sheet and test data asking if your company's prototype product (article) would be subject to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You stated the article releases fragrance when placed in a dispensing device with water. You described the article as a 2.5-inch square, porous, non-woven fabric pouch filled with not more than 8 grams of a powdered fragrance-magnesium mixture identified by testing as a Division 4.3, PG I material. The mixture is composed of 4 grams of magnesium alloys powder, 4 grams of sodium chloride, and 1 gram of fragrance absorbed into 2 grams of inert material. You stated each pouch will be placed inside a heat-sealed mylar foil laminate bag or other similar foil material that is impervious to water, 4-6 pouches will be placed in one carton, and an undetermined number of cartons will be placed in one outer packaging. Based on the information you provided, it is our determination that the heat-sealed bag containing 8 grams or less of the fragrance-magnesium mixture in the manner described is in a quantity and form that does not pose a hazard in transportation and is not subject to the HMR, regardless of the number of articles in a package. This determination does not apply to articles shipped in another type of packaging or those containing more than 8 grams of the fragrance- magnesium mixture, which must be shipped in conformance with the applicable requirements of the HMR. I hope this satisfies your request. Sincerely, Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 173.124 030131#

Page 2IDEO Chicago Edmonson 630 Davis Street Design & Product Development Evanston, Illinois 60201 3173-124 Tel: 847.425-6000 Fax: 847.425-6001 Class. 03-0131 May 20, 2003 Director - Office of Hazardous Materials Standards Edward Mazzullo 400 7* Street. S.W. US Department of Transportation Washington D.C. 20590 Fax (202) 366-3012 Dear Mr. Mazzulo, the requirements for shipping a product that we are currently designing for our client. A member of your staff has suggested that we send this letter to request clarification of The product is a device that disperses fragrance and steam in a controlled manner when the consumer activates the device. The device is activated by the addition of water. composition is contained in a 2.5" square permeable pouch similar to a tea bag. The magnesium alloy generates hydrogen gas in addition to heat. The four grams of malicial setie foil bags to carboard bond to ship 4-6 pouches (each in their I would appreciate your determination as to whether the above product is considered Icgulated. Thank you in advance for your help in clarifying the shipping requirements. Sincerely, IDEO Chicago dark DE 630 Davis Street Evanston, Illinois 60201 lain Roberts IDEO Product Development Fax: 847.425.6001 Tel: 847.425.6013 iroberts@ideo.com Engineering lain Roberts#