{"operation":"document","citation":"08-0182","title":"ACCO Brands Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-08-06","effective_on":null,"summary":"08-0182 response to ACCO Brands Corporation concerning 173.120, 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0182.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0182.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0182","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080182.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington DC 20590\n1200 New Jersey Ave , SE\nPipeline and Hazardous\nAdministration\nMaterials Safety\nAUG\n6 2008\nMr. Darren Lenox\nCustoms Compliance Manager\nACCO Brands Corporation\n300 Tower Parkway\nLincolnshire. IL. 60069\nRef. No. 08-0182\nDear Mr. Lenox:\nThis responds to your June 30. 2008 letter requesting a determination that the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) do not apply to a divided chamber dry-\nerase board marker that contains 5 ml of a Packing Group II flammable liquid ink. You assert\nthat the marker, referred to as \"Enduraglide.\" does not pose an unreasonable risk to health.\nsafety, and property when transported in commerce and, thus, should not be subject to the\nHMR.\nexception provided in $ 173.120(d).\nYou ask that we except Enduraglide markers from the HMR in accordance with the\nThe unabsorbed flammable liquid ink contained in the markers, as described by your letter,\nposes a Packing Group Il flammable liquid hazard and, therefore. meets the definition of a\nhazardous material. The exception you reference in § 173.120(d) does not apply to the markers\nyou describe. As we stated in a letter of interpretation dated June 25, 2008 (Ref. No. 08-0163)\nthe Enduraglide markers are considered hazardous materials. but may take advantage of the\nsmall quantity exceptions provided in § 173.4.\n1 hope this information is helpful. Please contact us if you require additional assistance.\nSincerely.\nSusan Gorsky.\nActing Chief. Standards Derelopment\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nACCO BRANDS CORPORATllOM\n300 Tower P,irkway\nI incoln5hire, Illinois 600B9.'1610\nTel 817.511.9500\nF;,x 847.4.78.0073\nJune 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\nReference No. 08-0163 '\nLadies and Gentlemen:\nIn a letter dated May 30, 2008 (enclosed), ACCO Brands requested an interpretation under 49 CFR\n173.120(d) that certain Enduraglide markers are not subject to regulation under the HMR. Due to the\ndesign, structure, composition and packagings of the product; we believed that the markers themselves do\nnot rise to the definition of a hazardous material in Section 171.8 in that they do not pose \". . .an\nunreasonable risk to health, safety and property when transported in commerce.. .\"\nIn a response letter dated June 25, 2008 (enclosed), the Office of Hazardous Materials Standards merely\nstated that the Enduraglide markers are eligible for the small quantity exception in 49 CFR 173.4.\nHowever, the letter failed to address our specific request per 49 CFR 173.120(d) of whether the markers\nshould be subject to regulation under the HMR at all.\nWe respectfully request that you reconsider our May 30,2008 letter and address our specific, original\nrequest. If you agree with our original assessment, we would appreciate your affirmation that your\ninterpretation represents a Competent Authority ruling so that we may pursue similar treatment from other\nStates and international modes of transportation when and as required.\nIf you should have any questions or require additional information, please contact me at (847) 484-3278\nor darrei~.lenox~$acco~~_m.\nCustoms Compliance Manager\ncc: Susan Gorsky, Office of Hazardous Materials Standards\nShane Kelley, Office of Hazardous Materials International Standards\nChuck McHugh, Haz-Mat Compliance & Verification\n\n<<<PAGE 3>>>\n\nACCO BRANDS CORPORATION\n300 'lbwsr Parkway\nt.i~~zolnrl,ire, Illinois 60069,3640\nTel 647.541.9500\nFAX 837 478.0073\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 ofice 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 hazardour materials transport\ninformation (i.e., UN 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 4>>>\n\nThese markers are packaged in a variety of display plastic bubble - over cardboard- &lamshell\npackaging. The most common is a four-pack of markers in different colors. ~ttached is a\nsample of the four-pack, including color design drawings of the clamshell and updated\ncardboard artwork.\n~\nThe display packages are consolidated in varying numbers in an outer stfong fibreboard box.\nThe completed package is overpacked in a strong fibreboard box. The pickages and overpacks\nare marked with \"ORM-D\" and are offered for transportation described b \"Consumer\nCommodity, ORM-D\"; however, we believe that the markers themselved do not rise to the\ndefinition of a hazardous material in Section 171.8 in that they do not p b e \". . .an unreasonable\nrisk to health, safety and property when transported in commerce.. .\" 1\nWe are requesting an interpretation under 49 CFR 173.120(d) that the ~ n d u r a ~ l i d e markers\ndescribed above are not subject to regulation under the HMR. If you agrkrke with our assessment,\nwe would appreciate your afirmation that your interpretation represents b Competent Authority\nruling so that we may pursue similar tr6itment from other States when dd as required.\nIf you should have any questions or require additional information, contact me at (847)\nI\nI I\nI\nCustoms Compliance Manager I\ncc: Chuck McHugh, Haz-Mat Compliance & verification\nPage 2 of 2","truncated":false,"body_characters":7148}