MaxPower, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 MAR 1 8 2233 Mr. Frank H. Cassel MaxPower, Inc. 141 Christopher Lane Harleysville, PA 19438 Reference No. 08-0030 Dear Mr. Cassel: This is in response to your January 22,2007 letter concerning lithium ion rechargeable batteries. Specifically, you asked if the regulations of the U.S. Department of Transportation (DOT), including the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80), and those based on the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations) require lithium batteries and cells to be transported at a specific state of charge. The answer is no. No dokestic or international transport regulation exists that requires lithium batteries and cells to be shipped at a specific state of charge. I hope this satisfies your request. Hattie L. Mitchell, Chief Regulatory Review and Reinvention Ofice of Hazardous Materials Standards#

Page 2MaxPower, Inc, 14 1 Christopher Lane Harleysville, PA 19438 215-256-4575x109 maxpowerdc@aol.com January 22,2008 Office of Hazardous Materials Standards Edward Mazzullo, Director Pipeline and Hazardous Materials Safety Administration PHHlO 1200 New Jersey Avenue SE Washington, DC 20590 Dear Mi. Mazzullo, I am writing to inquire about the regulations regarding lithium ion rechargeable batteries. Specifically, I would like to know if there are any DOT or UN regulations requiring that rechargeable lithium batteries or cells be shipped at a specific state of charge. Are there any regulations that address this issue, assuming the battery has been correctly packaged and qualified for shipping? I look forward to your response. Sincerely, Frank H. Cassel#