Apllicabilty of dry-erase board marker
Pipeline and Hazardous Materials Safety Administration · Jun 25, 2008 · Reference No. 08-0163
Interprets: 49 CFR § 173.4
Reggie’s quick take
A company asked whether its dry-erase markers, each holding 5 ml of a Packing Group II flammable ink, are covered by the Hazardous Materials Regulations. PHMSA said the marker is eligible for the small quantity exception in § 173.4, so it is not subject to the HMR when packaged as required. That means the inner packagings must not be liquid full at 55 °C, and their closures must be held securely in place. Cushioning must surround each inner package or the inside of the outer package, and the package must pass the drop test from 1.8 meters. The gross mass cannot exceed 29 kg, and the outside must be marked "This package conforms to 49 CFR 173.4."
Written by AI (Claude) on Oct 22, 2026. Robots make mistakes and leave things out, so the letter below is what counts. Not legal advice.
This responds to your May 30, 2008 letter requesting a determination on the applicability of Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) 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 II flammable liquid ink are subject to the HMR.
Under the small quantity exception prescribed in § 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 II or III; 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 full at 55 °C (131 °F) 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 § 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 § 173.4.
A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.