ACCO Brands Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 N e w Jersey Ave.. S E. Washington. DC 20590 JUN 2 5 2008 Mr. Darren Lenox Customs Compliance Manager ACCO Brands Corporation 300 Tower Parkway Lincolnshire, IL 60069 Ref. No. 08-01 63 Dear Mr. Lenox: This responds to your May 30,2008 letter requesting a determination on the applicability of Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180) to a divided chamber dry- erase board marker, which your refer to as "Enduraglide". Specifically, you ask if markers that contain 5 ml of a Packing Group I1 flammable liquid ink are subject to the HMR. Under the small quantity exception prescribed in 5 173.4, high-integrity packagings containing small amounts of hazardous materials that are packaged as specified are not subject to regulation under the HMR. Class 3 materials that qualify for this exception meet Packing Group I1 or 111; contain no more than 30 milliters (1 ounce) of flammable liquid; and are placed in a strong outside packaging. The inner packagings must not be liquid fill at 55 OC (13 1 OF) and must have removable closures held securely in place with wire, tape, or other positive means. Cushioning and absorbent material that will not react chemically with the hazardous material and is capable of absorbing the entire contents must surround either each inner packaging or the inside of the outer packaging. The completed package must be capable of completing without leakage or a substantial reduction in effectiveness the drop tests prescribed in 9 173.4(a)(6) from a height of 1.8 meters (5.9 feet). The gross mass of the completed package must not exceed 29 kg (64 pounds). A shipper certifies the package complies with the small quantity exception by marking the outside of the package with the statement "This package conforms to 49 CFR 173.4." It is the opinion of this Office that the Enduraglide marker described in your letter, is eligible for the exceptions provided in 9 173.4. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, dl dm)i Susan Gorsky, Acting Chief, ~yandards Development Office of Hazardous Materials Standards#

Page 2ACCO BRANDS CORPORAl-ION 300 lowcr Oc~rkway I ~nroln~h~rr, I l l ~ r i o ~ ~ h00h9 1640 TPI 847 541 9500 Fdx 847 478 0073 May 30,2008 Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration Attn: PHH-10 U.S. Department of Transportation East Building 1200 New Jersey Ave. SE Washington, D.C. 20590-0001 RE: 49 CFR 173.120(d) -Dry Erase Board Markers with free liquid Ladies and Gentlemen: ACCO Brands is an international supplier of a variety of office products such as staplers, dry- erase boards, computer accessories and-other office supplies. Included in our product lines is a patented divided chamber dry-erase board marker that is marketed under the trademarked name "Enduraglide". These markers contain 5 ml of free liquid ink solution composed of at least 55- 75% ethanol, 10-30% isopropanol and approximately 10-20% other non-hazardous pigments and surfactants (by weight). An example MSDS from the liquid ink supplier is attached. We have requested the supplier update the MSDS for the pertinent hazardous materials transport information (i.e., Ui'? number, proper shipping name, etc.). Enduraglide markers provide a distinct advantage over the more traditional alcohol absorbed nib markers in that the Enduraglide markers deliver much more consistent ink flow over the life of the marker and last up to twice as long. We have attached both cutaway and complete color illustrations and design drawings of the marker that portray the fluid mechanics and leak protection built in to the marker. The patented free liquid ink system of divided chambers limits the air in the ink tank, thus reducing the possibility of ink leaking. Leaking generally occurs due to changes of air pressure and temperature. When there is a lot of air in an ink tank, it has nowhere to go except for pressing the ink to the tip, causing leakage. In a chambered system, when the ink in the first chamber closest to the tip is consumed, it draws from the next chamber. This minimizes air in the chamber that may cause leakage. In case ink leaks out of the chamber, there is also a buffer reservoir between the ink tank and the tip.#

Page 3These markers are packaged in a variety of display plastic bubble - over cardboard- clamshell packagings. The most common is a four-pack of markers in different colors. Attached is a sample of the four-pack, including color design drawings of the clamshell packaging and updated cardboard artwork. The display packages are consolidated in varying numbers in an outer strong fibreboard box. The completed package is overpacked in a strong fibreboard box. The packages and overpacks are marked with "ORM-D" and are offered for transportation described as "Consumer Commodity, ORM-D"; however, we believe that the markers themselves do not rise to the definition of a hazardous material in Section 171.8 in that they do not pose ". . .an unreasonable risk to health, safety and property when transported in commerce.. ." We are requesting an interpretation under 49 CFR 173.120(d) that the Enduraglide markers described above are not subject to regulation under the HMR. If you agree with our assessment, we would appreciate your affirmation that your interpretation represents a Competent Authority ruling so that we may pursue similar treatment fiom other States when and as required. If you should have any questions or require additional information, please contact me at (847) n.lenox@,acco.com. Customs Compliance Manager cc: Chuck McHugh, Haz-Mat Compliance & Verification Page 2 of 2#