ZPower, Inc. — Hazardous Materials Safety Interpretation

Page 1Washington. DC 20590 1200 New Jersey Ave. S.E Perman anger douse T 2 9 21 dministratic President & CEO Mr. Ross E. Dueber, Ph.D. Ref. No. 07-0152 ZPower, Inc. 4765 Calle Quetzal Camarillo, CA 93012 Dear Dr. Dueber: This responds to your electronic mail regarding the applicability of the Hazardous Materials Paul. YOU MR 49 FRee a 71e hoo you remary a recha bates virgin to nickel-cadmium batteries) under the HMR and the various international dangerous goods regulations. revents the dangerous evolution of heat and protects against short circuits, as provided i rovided your batteries are securely packaged and offered for transportation in a manner tha the Transport of Dangerous Goods and Special Provision 304 of the International Maritime Dangerous Goods Code, respectively. I trust this satisfies your request. Please contact us if we can be of further assistance. Sincerely, Chief, Regulatory Review and Reinvention Hattie L. Mitchell Office of Hazardous Materials Standards 173.21 e) 070152#

Page 2Stevens Page 1 of 2 §173.21 (c) Drakeford, Carolyn <PHMSA> Batteries From: Mazzullo, Ed <PHMSA> 07-0152 Sent: Tuesday, August 07, 2007 1:34 PM To: Drakeford, Carolyn <PHMSA> Cc: Betts, Charles < PHMSA>; Gale, John <PHMSA›; Gorsky, Susan <PHMSA›; Mazzullo, Ed <PHMSA›; Mitchell, Hattie <PHMSA> Subject: FW: ZPower Battery Classification Sent: Friday, August 03, 2007 3:45 PM From: Ross Dueber [mailto:ross.dueber@zpowerbattery.com] To: Mazzullo, Ed <PHMSA> Subject: ZPower Battery Classification Cc: Ke, Charles <PHMSA>; Sargent, Dave <PHMSA>; Special Permits <PHMSA> Director, Office of Hazardous Materials Standards Mr. Edward Mazzullo Washington, DC 20590 1200 New Jersey Ave Dear Mr. Mazzullo, PHMSA staff on July 24, 2007, I am writing to request confirmation from PHMSA that ZPower's rechargeable, As a follow-up to my meeting with Mr. Delmer Billings, Mr. Dave Sargent, Dr. Charles Ke, and several other silver-zinc battery is regulated as a "dry" battery similar to nickel-cadmium batteries. used today in cameras and electronic devices, and are of the same general composition as rechargeable nickel- ZPower's silver-zinc batteries are chemically similar to existing alkaline, silver-zinc button batteries shipped and cadmium and nickel-metal hydride batteries. positive electrode, polymer separator, and aqueous, alkaline electrolyte that are packaged in a hermetically ZPower's batteries consist of a zinc negative electrode, silver oxide sealed container. understanding that our silver-zinc rechargeable batteries are recognized as "Batteries, Dry" and subject only to 49 Based upon input that I received from PHMSA at our July 24 meeting as well as my own research, it is my he ICAO Technical Instructions, and Special Provision 304 of the IMDG Code. However, I would appreciate : FR 173.21(c) and Special Provision 130 of the U.S. hazardous materials regulations, Special Provision A123 of letter from your office that confirms these are the only provisions from the relevant hazardous materials internationally. (dangerous goods) regulations that apply to our batteries for purposes of shipping within the U.S. and company name recently changed from Zinc Matrix Power, Inc. to ZPower, Inc Should you have any questions or require additional information, please contact me. Also please note that our Best Regards, Ross E. Dueber, Ph.D. President & CEO ZPower, Inc. Camarillo, CA 93012 7765 Calle Quetzal Office (805) 383-3167 Fax (805) 445-4487 8/7/2007#