GS Battery (U.S.A.) Inc. — Hazardous Materials Safety Interpretation

Page 1f Transportatio S. Departmen 400 Seventh St., S.W. FEB 2 2 2002 Washington, D.C. 20590 Mr. Greg DePies 576 Trade Street. Suite S Battery (U.S.A.) In Reference No.: 02-0040 San Diego, CA 92121 Dear Mr. DePies: This is in response to your letter requesting clarification of the Hazardous Materials Regulations HMR; 49 CFR parts 171-180) applicable to the transportation of nonspillable batteries. § 173.159(d)(1), which states that "the battery must be protected against short circuits and pecitically, you want to confirm that your company is in compliance with the provisions o securely packaged." You state that the batteries are loaded on heavy duty pallets, separated by cardboard dividers, the attery terminals are capped, and the rows separated by bubblewrap and cardboard. The pallet i description, you also submitted several photographs showing batteries in various stages of anded horizontally and vertically and then wrapped in 5 mil thick tarp. In addition to thi preparation for shipment. Based on the information provided, it is the opinion of this office that the batteries are "securely packaged." I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, (Transporter Replies pelict Office of Hazardous Materials Standards 173.159 (d) (1) 020040#

Page 2Corbin January 3, 2002 8173. 159(0) Cas Director, Office of Hazmat Mr. Edward T. Mazzullo Satteries/ www.gsbattery.com 4007" Street SW DOT/RSTA (DHW-10) Washington DC 20500-0001 tackaging Mr. Mazzullo, I recently talked with Mr. Stephen Lee at the Hazmat Help Desk concerning D.O.T. Hazardous Materials Regulations (Title 49, CFR 173.159) related to electric storage batteries. My company, GS qualify for the "nonspillable" designation, per sub-section (d) Battery Inc. sells lead-acid batteries that pass the vibration and pressure differential tests, and therefore My question relates to the packaging requirements for "nonspillable batteries." I wish to confirm that the "securely packaged." packaging GS Battery uses complies with the paragraph (d)(1) requirement that the batteries be Mr. Lee advised me that no specific guidelines exist for determining exactly what constitutes "securely (no carton) packaging. packaged," and referred me to you for a ruling and/or authorization letter to ship our products in bulk following: Please see the enclosed photographs of the packaging GS Battery intends to use. Please note the 1) The pallets are a heavy duty type that can hold twice as much weight as a standard pallet. 2) The cardboard dividers are 275 double walled construction for heavy duty use. 3) The rows are separated by cardboard and bubble-wrap. 4) The battery terminals are capped by a black rubber piece. 5) The pallet is banded horizontally and vertically. 6) The product is wrapped in 5 mil thick tarp. Does this packaging meet the D.O.T. requirements? please do not hesitate to contact me. Thank you very much for your attention. If you should need any clarification or further information Sincerely, unsePin GS Battery (U.S.A.) Inc. San Diego, CA S2i Sute B 58-547-6430 ex. 207 regd@gsbattery.com GS BATTERY (U.S.A.) INC. 7576 TRADE STREET, SUITE B, SAN DIEGO, CA 92121 E-mall gsb@gsbattery.com (858) 547-6430 Fax (858) 547-6437#