Innergy Power Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration AUG 2 9 2002 Mr. Darrell Musick President/CEO Ref. No. 02-0184 Innergy Power Corporation 940 Disc Drive Scotts Valley, CA 95066 Dear Mr. Musick: This responds to your June 21, 2002 letter requesting an updated letter concerning the transportation of sealed lead acid rechargeable batteries under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request that we provide you with an updated clarification on whether your sealed lead acid rechargeable batteries are nonspillable and excepted from the requirements of the HMR. A nonspillable wet electric storage battery is excepted from requirements of the HMR if the batteries are capable of successfully passing the vibration and pressure differential tests in § 173.159(d)(3). In addition, the batteries must be protected against short circuits and securely packaged to withstand conditions normal to transportation, and, the package must be marked "Nonspillable" or "Nonspillable Battery" in accordance with § 173.159(d)(1)(2). Similar test criteria are contained in the International Civil Aviation Organization's (ICAO) Technical Instructions for international transportation by air. Special provision A67 of the ICAO Technical Instructions requires that a temperature of 55 degrees C. be used to determine whether the electrolyte will flow from a ruptured or cracked case. Batteries meeting the nonspillable criteria and special provision A67 are not regulated by air. The International Maritime Dangerous Goods (IMDG) Code, for international transportation by water, contains similar criteria for nonspillable batteries. However, batteries meeting the nonspillable criteria in which the electrolyte will not flow at 55 degrees C. are still subject to certain marking and stowage requirements under the IMDG Code. You state that the manufacturing process and your product has not changed. Therefore, our April 1993 letter of clarification remains valid. Your batteries that meet the "nonspillable" 020184 173.159#

Page 2provisions in § 173.159(d), when securely packaged and protected against short circuits, are not subject to the requirements of the HMR. I hope this answers your inquiry. Sincerely, Rehan Fis elis Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Innergy Power Corporation Boöthe §173.159 June 21, 2002 Batteries U.S.Department of Transportation 02-8184 Research & Special Programs Administration Director, Office of Hazardous Materials Standards Dear Sir or Madam: innergy™ we have been deemed approved for transporting capabilities of our As you can see from the enclosed copy of a letter from your department, register as "non epilable atteries, er Corposed in copy or 2007work product as "non-spillable batteries" There has been no change in our manufacturing process or in our product. I am requesting an updated letter from your department, addressing ou President/CEO, Mr. Darrell Musick, using our Innergy Power name sc that when we have the need to show transportation safety for our batteries, it will have the current information. Thank you in advance for your cooperation. I am awaiting your new letter. Sincerely, Bille Sitter Bethe Stiller Assistant to the President Enclosures: 2 "...-#