{"operation":"document","citation":"08-0163","title":"ACCO Brands Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-06-25","effective_on":null,"summary":"08-0163 response to ACCO Brands Corporation concerning 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0163.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0163.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0163","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080163.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 N e w Jersey Ave.. S E.\nWashington. DC 20590\nJUN 2 5 2008\nMr. Darren Lenox\nCustoms Compliance Manager\nACCO Brands Corporation\n300 Tower Parkway\nLincolnshire, IL 60069\nRef. No. 08-01 63\nDear Mr. Lenox:\nThis responds to your May 30,2008 letter requesting a determination on the applicability of\nHazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180) to a divided chamber dry-\nerase board marker, which your refer to as \"Enduraglide\". Specifically, you ask if markers\nthat contain 5 ml of a Packing Group I1 flammable liquid ink are subject to the HMR.\nUnder the small quantity exception prescribed in 5 173.4, high-integrity packagings\ncontaining small amounts of hazardous materials that are packaged as specified are not\nsubject to regulation under the HMR. Class 3 materials that qualify for this exception meet\nPacking Group I1 or 111; contain no more than 30 milliters (1 ounce) of flammable liquid; and\nare placed in a strong outside packaging. The inner packagings must not be liquid fill at 55\nOC (13 1 OF) and must have removable closures held securely in place with wire, tape, or\nother positive means. Cushioning and absorbent material that will not react chemically with\nthe hazardous material and is capable of absorbing the entire contents must surround either\neach inner packaging or the inside of the outer packaging. The completed package must be\ncapable of completing without leakage or a substantial reduction in effectiveness the drop\ntests prescribed in 9 173.4(a)(6) from a height of 1.8 meters (5.9 feet). The gross mass of the\ncompleted package must not exceed 29 kg (64 pounds). A shipper certifies the package\ncomplies with the small quantity exception by marking the outside of the package with the\nstatement \"This package conforms to 49 CFR 173.4.\"\nIt is the opinion of this Office that the Enduraglide marker described in your letter, is eligible\nfor the exceptions provided in 9 173.4.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\ndl dm)i Susan Gorsky,\nActing Chief, ~yandards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nACCO BRANDS CORPORAl-ION\n300 lowcr Oc~rkway\nI ~nroln~h~rr, I l l ~ r i o ~ ~ h00h9 1640\nTPI 847 541 9500\nFdx 847 478 0073\nMay 30,2008\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nU.S. Department of Transportation\nEast Building\n1200 New Jersey Ave. SE\nWashington, D.C. 20590-0001\nRE: 49 CFR 173.120(d) -Dry Erase Board Markers with free liquid\nLadies and Gentlemen:\nACCO Brands is an international supplier of a variety of office products such as staplers, dry-\nerase boards, computer accessories and-other office supplies. Included in our product lines is a\npatented divided chamber dry-erase board marker that is marketed under the trademarked name\n\"Enduraglide\". These markers contain 5 ml of free liquid ink solution composed of at least 55-\n75% ethanol, 10-30% isopropanol and approximately 10-20% other non-hazardous pigments and\nsurfactants (by weight). An example MSDS from the liquid ink supplier is attached. We have\nrequested the supplier update the MSDS for the pertinent hazardous materials transport\ninformation (i.e., Ui'? number, proper shipping name, etc.).\nEnduraglide markers provide a distinct advantage over the more traditional alcohol absorbed nib\nmarkers in that the Enduraglide markers deliver much more consistent ink flow over the life of\nthe marker and last up to twice as long. We have attached both cutaway and complete color\nillustrations and design drawings of the marker that portray the fluid mechanics and leak\nprotection built in to the marker.\nThe patented free liquid ink system of divided chambers limits the air in the ink tank, thus\nreducing the possibility of ink leaking. Leaking generally occurs due to changes of air pressure\nand temperature. When there is a lot of air in an ink tank, it has nowhere to go except for\npressing the ink to the tip, causing leakage. In a chambered system, when the ink in the first\nchamber closest to the tip is consumed, it draws from the next chamber. This minimizes air in\nthe chamber that may cause leakage. In case ink leaks out of the chamber, there is also a buffer\nreservoir between the ink tank and the tip.\n\n<<<PAGE 3>>>\n\nThese markers are packaged in a variety of display plastic bubble - over cardboard- clamshell\npackagings. The most common is a four-pack of markers in different colors. Attached is a\nsample of the four-pack, including color design drawings of the clamshell packaging and updated\ncardboard artwork.\nThe display packages are consolidated in varying numbers in an outer strong fibreboard box.\nThe completed package is overpacked in a strong fibreboard box. The packages and overpacks\nare marked with \"ORM-D\" and are offered for transportation described as \"Consumer\nCommodity, ORM-D\"; however, we believe that the markers themselves do not rise to the\ndefinition of a hazardous material in Section 171.8 in that they do not pose \". . .an unreasonable\nrisk to health, safety and property when transported in commerce.. .\"\nWe are requesting an interpretation under 49 CFR 173.120(d) that the Enduraglide markers\ndescribed above are not subject to regulation under the HMR. If you agree with our assessment,\nwe would appreciate your affirmation that your interpretation represents a Competent Authority\nruling so that we may pursue similar treatment fiom other States when and as required.\nIf you should have any questions or require additional information, please contact me at (847)\nn.lenox@,acco.com.\nCustoms Compliance Manager\ncc: Chuck McHugh, Haz-Mat Compliance & Verification\nPage 2 of 2","truncated":false,"body_characters":5804}