nanoCoolers — Hazardous Materials Safety Interpretation

Page 1of Transportatior J.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration JUL 19 2005 Mr. Craig Johnston Reference No.: 05-0132 nano Coolers 5307 Industrial Oaks Boulevard Austin, TX 78735-8821 Dear Mr. Johnston: This responds to your letter concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to your company's product, a thermal transport system. You describe the thermal transport system as being comprised of nickel and PVC based tubing, a plastic pump, and a nickel/copper block. The block allows heat transport material to flow through the block and pick up heat from a source component. All of the parts within the system are non-reactive with the heat transport material. The thermal transport material flows through a closed cooling loop that contains a source heat exchanger, an ambient heat exchanger, and piping to interconnect them. The thermal transport system contains not more than 10 mL of thermal transport material consisting of the following elements by weight: 50-76% Gallium, 0-25% Indium, 0-15% Tin, 0-4% each Zinc, Silver and Bismuth, and less than 1% Copper. The entire system is sealed and the design is tested to ensure no release of fluid. You also submitted drawings of the system and test data. Of the identified materials, only gallium is regulated as a hazardous material. Section 173.162(c) excepts manufactured articles and apparatuses, each containing not more than 100 exceed 1 g (0.35 oz.) from the HMR. Your company's thermal transport system exceeds the mg (0.035 oz.) of gallium and packaged so that the quantity of gallium per package does not quantity of hazardous material allowed by § 173.162(c) and, therefore, is subject to the HMR. You may wish to seek authorization to transport your company's thermal transport system under the terms of an exemption by contacting the Pipeline and Hazardous Materials Safety Administration's Office of Hazardous Materials Exemptions and Approvals (OHMEA). Ender the MR. Proced ones Cosa-by ease bain exempion are set forth in 49 CER 10705. The OHMEA may be reached at (202) 366-4512. I trust this satisfies your inquiry. Sincerely, thill, z mithell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Unmondone Materials Standards 172.101 (P) 173.22 050132#

Page 2nanoCoolers May 13, 2005 Corbin Mr. Edward Mazzullo Director of Hazardous Materials Standards U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration $172.101 (P) 400 7* Street, SW $173-22 Washington, DC 20590 Applicability Dear Mr. Mazzullo: 85-0132 Request for Interpretation on Thermal Transport System July 22, 2003 and 26 April, 2005 between representatives of nanoCoolers, Inc. and Dr. Charles Pursuant to the meetings held at RSPA's office in Washington, DC on May 13, 2003, Ke and Stan Staniszewski, I am writing to request a written determination that nanoCoolers' innovative thermal transport system that contains a small amount of hazardous material is not subject to regulation in transportation under the U.S. Hazardous Materials Regulations (HMR) since in the quantity and form described herein it does not present a hazard to life or property in transportation. (See 49 U.S.C. § 5103(a).) A. Introduction This request pertains to (i) the specific thermal management system tested and set forth in this document. (See Exhibit 2 and 3) It will be used in applications ranging from personal computers to servers to consumer electronics to address the ongoing problems will be capable of meeting the tests described in Exhibit 2 and will not contain more than 10ml of associated with the heat generated by integrated circuits and other heat sources. The design the thermal transport material. The thermal transport material currently used is an alloy comprised of several elements. The table bellows shows the percentage range of each element in the alloy. Element Ga Range (wt.pct.) 50 to 76 In Sn O to 15 0 to 25 Zn 0 to 4 Ag 0 to 4 B 0 to 4 Cu <1.0 Based on the substantial amount of analytical and testing data contained herein, it is our belief that the thermal transport systems, with a very limited amount of the hazardous material, does not pose an unreasonable risk to health or safety under 49 U.S.C. Section 5103(a) and thus is not subject to regulation. Background#

Page 3i nanoCoolers nanoCoolers' Thermal Transport System Design on the final system in which they will be installed. The current system is approximately 133.0 Thermal management systems can vary in physical dimensions and weight, depending mm × 125.2 mm × 20 mm [5.23" x 4.9" × 0.78"]. However future systems could have slightly different physical designs. Each current system currently has approximately 3.5ml of thermal transport material. nanoCoolers anticipates future systems could have a maximum of 10ml of and vibration tests as described in Exhibit 2. material. Of note, all of the systems are sealed to withstand severe thermal, shock, pressure, based tubing, a plastic pump, and a nickel/copper block. The block is formed to allow the heat Structurally, nanoCoolers thermal transport systems are comprised of nickel and PVC transport material to flow through the block and pick up a heat from a source component. Within the system, all of the parts are non-reactive with the heat transport material. The cooling loop consists of thermal transport material flowing in a closed loop, containing a source heat exchanger, an ambient heat exchanger, and piping that interconnects them. electromagnetic pump and associated power supply are used to move the fluid throughout the An system. The electromagnetic pump has no moving parts. The fluid moves by the Lorenz force. The entire system is sealed and the design is tested to ensure no release of fluid. In light of the design of nanoCoolers' thermal transport systems, the risk of the thermal completely unrelated to the integrity of the thermal transport system, is highly remote. The transport material being released during usage or transport, absent a catastrophic event system. In the case of a catastrophic event the thermal transport system would be contained limited quantity of hazardous material at issue would not separate from the thermal transport within the laptop computer or other electrical device housing the unit. Independent Testing Confirms nanoCoolers Thermal Transport Systems Do Not Present an Undo Risk nanoCoolers contracted with Professional Testing, Inc. in Austin, Texas to conduct various standardized tests on the thermal transport system to ensure the product can withstand incidents normally found in transport. These include thermal, mechanical shock, pressure, and vibration tests. (See Exhibit 2) The results of PTI's tests demonstrate that under conditions transport material will not be released. (See Exhibit 3 and 4) greatly exceeding what normally can be expected during transport, the small amount of heat The results also support nanoCoolers' belief that the thermal transport system does not pose a material risk in transport, barring a catastrophic event. complies with all the applicable requirements. UL has recently completed its investigation of our customers product has determined it UL has filed the certification under E251599 Project 05CA05208 for the USL/CNL- MODEL A+1850 SERVER (See Exhibit 3). These results also support nanoCoolers' belief that the thermal transport system does not pose a material safety risk in transport. C. Recent U.S. DOT Interpretation Letters nanoCoolers, along with CapAnalysis Group in Washington, DC and Wiley Rein and Fielding in Washington DC, has reviewed the hazardous materials laws and regulations to determine the appropriate shipping requirements for the particular alloy we are using as a heat#

Page 4nanoCoolers transfer material. Thermal transport systems are not listed in the hazardous materials table in 49 CFR Section172.101. The thermal transport alloys we are using as heat transport material within the system also are not listed. DOT recently issued written interpretations concluding thermal transport systems are not hazardous in the applications for which they are intended. that products analogous to (See Exhibit 5-15) Contained within Exhibits 5-15 are samples of products containing small amounts of hazardous material ranging from toxic gases to flammable solids and corrosives. Corrosives have a wide range of definitions. These include materials that cause full thickness destruction of intact skin tissue within an observation period of up to 60 minutes starting after of intact skin tissue but exhibit a corrosion rate on steel or aluminum surfaces exceeding 6.25 the exposure time of three minutes or less to those that do not cause full thickness destruction mm (0.25 inch) a year at a test temperature of 55 deg. C (130 deg. F). The corrosive material in our product is not destructive to skin tissue at all but is corrosive to aluminum or steel at a rate exceeding 6.25mm (> (>0.25 inches) per year. The products in Exhibit 5-15 show that the quantity and form of packaging can remove an article from the hazardous materials regulations. is consistent with DOT's previous position on certain products containing small amounts of Without reviewing each issuance in Exhibit 5-15, the thermal transport system described herein hazardous materials that are not be subject to the U.S. HMR. D. Conclusion We believe that the combination of a strong, robust structure, small product size, absence of internal chemical reaction, and limited hazardous content (no more than 10 ml of heat transfer material) supports our conclusion that the thermal transport system presents no material risk to health, safety or property in the intended application and thus is not subject to the U.S. HMR. nanoCoolers respectively requests DOT's concurrence that the thermal transport system described herein is not subject to the U.S. HMR. or if you require any additional information. Please do not hesitate to contact me if you have any questions concerning this request, Best Regards, Craig Johpoion#