ShipMate, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs JUL 18 2001 Administration Mr. Steven Hunt Ref. No. 01-0145 President ShipMate, Inc. 18436 Hawthorne Blvd., Suite 201 Torrance, CA 90504 Dear Mr. Hunt: This responds to your May 29, 2001 letter requesting clarification of the requirements for the shipment of a battery electrolyte refill unit under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Maritime Dangerous Goods (IMDG) Code. Specifically, you ask whether the battery electrolyte refill unit may be shipped under the limited quantity provisions in § 173.154(b)(1) of the HMR and Amendment 30-00 of the IMDG Code. According to your letter and enclosed sketch, the battery electrolyte refill unit consists of a single molded plastic device having two independent reservoirs of equal volumes not exceeding 465 ml each. The two reservoirs each contain three "cells," having a volume of 155 ml each, that are in communication with one another. The single molded plastic device is hermetically sealed with a plastic bag and then placed into a UN 4G box. You ask whether each independent reservoir is considered to be an "inner packaging" as defined in § 171.8 of the HMR. The answer is yes. Consistent with § 171.8, each independent reservoir of the refill unit is a separate inner packaging. Thus, a battery electrolyte refill unit as described in your letter may be shipped as a limited quantity under Amendment 30-00 of the IMDG Code and § 173.154(b)(1) of the HMR. Amendment 30-00 of the IMDG Code limits the maximum quantity of each receptacle to 500 ml; the limited quantity provisions in § 173.154(b)(1) of the HMR authorize a maximum of 1 liter in each inner packaging. I hope this answers your inquiry. Sincerely, John A. Gale Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 2ShipMate, Inc. ShipMate® 1810 Green Lane Redondo Beach, CA 90278-3618 Training & Consulting Dangerous Goods Fax: 310-798-4339 Phone: 310-798-4200 E-mail: shipmate@shipmate.com May 29, 2001 Boothe Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards § 173.154 (b) Research and Special Programs Administration (DHM-10) U.S. Department of Transportation 400 Seventh Street, SW Limited Quantity Washington, DC 20590-0001 Subj: Request for Interpretation: Limited Quantities 01-0145 Dear Mr. Mazzullo: This request for interpretation is submitted by Steven Charles Hunt, ShipMate, Inc., for and on behalf of the Petitioner, American Honda Motor Company, 1919 Torrance Bivd., Torrance, CA 90501-2746, phone: 310-783-2883. American Honda distributes a battery electrolyte refill unit consisting of a single molded plastic reservoirs each contain three "cells" having a volume of 155 ml each but which are in device having two independent reservoirs, of equal volumes not exceeding 465ml each. The two communication with one another. Currently, the single molded plastic device is hermetically sealed within a plastic bag and then placed into a UN 4G box. I have enclosed a sketch of the packaging as well as photographs. It is my opinion that the each independent reservoir is considered to be an "inner packaging" as detined in 49 CFR $171.8. Accordingly, the battery electrolyte refill unit would then meet the limited that limits the maximum quantity of each receptacle to 500ml. Please note that the provisions of quantity provisions of the International Maritime Dangerous Goods (IMDG) Code, Amendment 30-00 the IMDG Code are more conservative than 49 CFR §173.154(b)(1), which authorizes inner packagings having a volume not exceeding 1 liter. Accordingly, the Petitioner respectfully requests your written interpretation in this matter. l researched the Docket Management System and found a letter (Ref. No. 99-0198), a copy of which is enclosed, that supports my interpretation. However, the enclosed letter refers to the small quantity interpretation would apply for limited quantities. exceptions in 49 CFR $173.4 but not the limited quantity provisions. Arguably, the same Your assistance in this matter would be most greatly appreciated. If I may be of assistance in any way, please call. Steven Charles Hunt ATHAN President ShipMate®: ShipMate, inte Dangerous Goods Training & Consulting ShipMate, Inc. 18436 Hawthorne Blvd., Suite 201| cc: Mr. John Dho, American Honda Motor Company Torrance, CA 90504 enclosures Fax: 310-370-5700 Phone: 310-370-3600 Visit our website at www.shipmate.com E-mail: shipmate@shipmate.com Hazardous Materials Training • Information Systems → Compllance Inspections & Audits • Shipping & Regulatory Software#

Page 3... ShipMate® Training & Consuling Dangerous Goods Mr. Edward T. Mazzullo May 29, 2001 Page 2 of 3 Sketch of Battery Electrolyte Refill Unit RESERVOIR A 1--- ---------- RESERVOIR B 7 155 ml (max). 155 ml (max). 155 ml (max). 155 ml (max). 155 ml (max). 155 ml (max). CROSS CONNECTED "CELLS" CROSS CONNECTED "CELLS" Hazardous Materials Training • Information Systems • Compliance Inspections & Audits • Shipping & Regulatory Software#

Page 4. ..: ShipMate® Dangerous Gooris Training & Consulting Mr. Edward T. Mazzullo May 29, 2001 Page 3 of 3 • Photographs A B A GENERAL VIEW - SINGLE MOLDED PIECE HAVING 2 RESERVOIRS & 6 CELLS TOP VIEW - TWO INDEPENDENT RESERVOIRS END VIEW - CLOSE UP OF BOTTOM OR RESERVOIR B D END VIEW - TWO INDEPENDENT RESERVOIRS EACH X-CONNECTED TO 3 CELLS Hazardous Materials Training • Information Systems • Compliance Inspections & Audits • Shipping & Regulatory Software#