Mr. Hank Sheller — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue SE of Transportation Washington. DC 20590 Pipeline and Hazardous JUN 29 2011 Materials Safety Administration Mr. Hank Sheller 9707 63 rd Rd, #110 Rego Park, NY 11374 Reference No. 11-0125 Dear Mr. Sheller: This responds to your May 13,2011 letter requesting clarification of the requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for the shipment of a 9-volt alkaline battery packaged as part of a kit. The battery is shrink-wrapped and then placed in the kit adjacent to other items. You request confinnation that the kit described in your letter may be transported to and within the United States by all modes of transportation. Dry batteries (i.e., "Batteries, dry, sealed, n.o.s" as listed in the §172.1 0 1 Hazardous Materials Table) such as the alkaline battery illustrated in your letter are subject only to the requirements outlined in § 172.102, Special provision 130 of the HMR. The requirements include: (1) incident reporting; and (2) preparation and packaging of the battery to prevent a dangerous evolution of heat, short circuit, and damage to tenninal(s). Shrink-wrapping the battery is an acceptable method of preparing the battery for shipment. We also suggest placing the battery in the kit so that it is separated from conductive material contained in the package (e.g., the allen wrenches). Ifthe battery is also packaged in a manner to prevent damage to the tenninal, then we consider the kit acceptable for hazardous material transportation without further requirements. We recommend you review § 172.102, Special Provision 130 to familiarize yourself with the complete requirements and we have enclosed a copy of a guide for shipping batteries safely, Shipping Batteries Safely by Air; What You Need to Know to aid your understanding of shipping all battery types including alkaline. I trust this satisfies your inquiry. Please contact us ifwe can be of further assistance. Sincerely, ~-<~ Ben Supko Chief, Standards Development Branch Standards and Rulemaking Division Enclosure: Shipping Batteries Safely by Air; What You Need to Know#

Page 2May 13,2011 97-07 63rd Rd #11D Rego Park, NY 1:1374 per k,ndereY) Z317Z, 101 ~ 173. 185 ~ 1.75· } 0 L:'\--h ltAvY\. t3a..-IJ.cn'es I 1-0 IZ5 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE, PHH-50 Washington, DC 20590-0001 Dear Friends: I am Director of product development and sourcing for a small manufacturing and distribution company in New York. We are developing a product called "Electric Guitar Essentials Kit". This kit will consist of a small (11" L x 5" W xl" H) plastic box with a lid and an assortment of items inside. For your reference, here is a complete list ofthe items inside the kit: - One 9V Energizer battery - Set of 15 Allen wrenches - One pair offoam earplugs - 10 plastic guitar picks - One polishing cloth - 18 nylon cable ties - One plastic string winder - One 6" instrument cable - One wire cutter - One set of electric guitar strings All of the items will be purchased in bulk from different suppliers in China, shipped to a central packaging location within China, and placed into the kit box on an assembly line. Next, the kit box will be sealed in plastic shrink-wrap, labeled, and packed into shipping cartons. The product will ship from China to the U.S. both by air and by ocean. Destination ports will be Port of NYINJ and Kennedy Airport. l The 9V battery will be shrink-wrapped as shown in these pictures:#

Page 3Within the kit box it is possible that the 9V battery will be adjacent to one or more ofthe other items in the kit. Based on the information I have provided I am hoping you are able to confirm that we can legally and safely ship these kits with the 9V batteries inside them, both into the U.S. from overseas and also within the U.S., and by all modes of transportation including plane, boat, train and truck. Please confirm whether or not this will not be a problem, and let me know if any special marks, tests, or certifications will be required. Please also cite any relevant laws or regulations that limit or restrict us from packaging and shipping the batteries as I have described in this letter. Please let me know if you need any additional information or materials to make a determination and reply to this inquiry. In the interest convenience and to save time, please feel free to respond via email or telephone. Thank you in advance for your prompt attention in this matter. Sincerely, Hank Sheller Rego Park, NY 347-400-6607 Hanksheller@Yahoo.com#