Cell-Con, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration MAY 2 1 2009 1200 New Jersey Ave, S.E. Washington, D.C. 20590 Mr. Steve Fricker Vice President Cell-Con, Inc. 305 Commerce Drive, # 300 Exton, PA 1934 1 Ref. No.: 09-0085 Dear Mr. Fricker: This is in response to your April 3,2009 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80). Specifically, you request a letter confirming your conclusion that effective October 1,2009 all "small" lithium ion batteries must pass the tests outlined in Section 38.3 of the LlN Manual of Tests and Criteria. Your understanding is correct. On August 9,2007, the Pipeline and Hazardous Materials Safety Administration amended the HMR to enhance the safe transportation of lithium batteries (HM-224C & HM-224E; 72 FR 44929). As described in 5 172.102, Special Provision 188 applicable to small lithium cells and batteries, effective October 1,2009, each cell or battery must be of a type proven to meet the requirements of each test in the UN Manual of Tests and Criteria. I trust this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, -1es E. Betts Chlef, Standards Development Office of Hazardous Materials Standards#

Page 2CELL-CON April 3,2009 Office of Hazardous Materials Safety (PHH-10) Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation 1200 New Jersey Avenue SE East Building, 2" Floor Washington, DC 20590 Attention: Mi. Edward Mazzullo Dear Mr. Mazzullo: Cell-Con is an assembler of battery packs consisting of all chemistries, including lithium ion. It is our understanding that as of October 1,2009, all 'small7 lithium ion battery packs must first be tested and pass the UN T1-T8 tests before commercial shipment via any means (ground or air) can occur. Although we ad se our customers of the need to have their battery packs tested and approved, fiom time to l e our customers request a formal letter fiom the US DOT be sent to acknowledge this requirement. To satisfl this request fiom our customers, we are asking that an 'interpretation letter7 be issued h m the US DOT stating as such. We look forward to receiving such a letter, and would be glad to provide any additional information required to receive such a letter. Thank you in advance for your assistance with this request. Steve Fricker Vice President Cell-Con, Inc. 305 Cbmmxe W e , #300 Won, PA 19341 voice: 800.771.7139 fax 61 02Bl.7685 web. v~~.a?l€oncom#