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Interpretation Response #07-0152 ([ZPower, Inc.] [Mr. Ross E. Dueber, Ph.D])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: ZPower, Inc.

Individual Name: Mr. Ross E. Dueber, Ph.D

Location State: CA Country: US

View the Interpretation Document

Response text:

Oct 29, 2007

Mr. Ross E. Dueber, Ph.D                        Reference No. 07-0152

President & CEO

ZPower, Inc.

4765 Calle Quetzal

Camarillo, CA 93012

Dear Dr. Dueber:

This responds to your electronic mail regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to your company's rechargeable, silver-zinc battery. You ask whether these batteries should be regulated as "dry" batteries (similar to nickel-cadmium batteries) under the HMR and the various international dangerous goods regulations.

Your understanding is correct. Your classification of the batteries was recognized in a July 24, 2007 meeting with Office of Hazardous Materials Safety staff members. Provided your batteries are securely packaged and offered for transportation in a manner that prevents the dangerous evolution of heat and protects against short circuits, as provided in Special Provision 130, they are not subject to any other requirements of the HMR. For international air and vessel transportation, your battery shipments must conform to Special Provision A123 in the International Civil Aviation Organization Technical Instructions on 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.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.21 Forbidden materials and packages