{"operation":"document","citation":"25-0069","title":"ABS All Battery Service GmbH — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-09-30","effective_on":null,"summary":"25-0069 response to ABS All Battery Service GmbH concerning 171.22, 171.23, 171.24.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0069.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0069.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0069","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-09/250069.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nSeptember 30, 2025\nEva Glimsche\nABS All Battery Service GmbH\nSperberstr. 50e – 81827\nMunich, Germany\nReference No. 25-0069\nDear Ms. Glimsche:\nThis letter is in response to your May 16, 2025 email requesting clarification of international\nregulations applicable to the state of charge requirements for electric vehicles as it relates to the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the new state of\ncharge requirements for electronic vehicles. Specifically, you reference packing instruction 952\nof the International Air Transportation Association for Dangerous Goods Regulations\n(IATA DGR) and ask, for vehicles with batteries > 100Wh subject to the special provision, if\nonly “drive batteries” (i.e., drive train batteries powering the electric motor) are required to meet\nthe state of charge requirement. Furthermore, you ask how to determine or manipulate the state\nof charge if the requirement applies to all batteries on the vehicle (e.g., a powered tablet that is\npart of the vehicle entertainment system).\nYour email references the IATA DGR. Please note that PHMSA does not officially recognize the\nIATA DGR for purposes of transporting hazardous materials. Therefore, PHMSA cannot offer\nan interpretation of the IATA DGR. However, § 171.22 of the HMR authorizes use of the\nInternational Civil Aviation Organization Technical Instructions for the Safe Transport of\nDangerous Goods by Air (ICAO TI), provided shipments offered under the ICAO TI conform to\nthe applicable requirements of §§ 171.23 and 171.24. Though not currently incorporated by\nreference in the HMR, the 2025-2026 ICAO TI has provisions in its own Packing Instruction 952\nsimilar to IATA DGR Packing Instruction 952, which both apply to battery-powered vehicles. In\naccordance with this edition of the ICAO TI, beginning January 1, 2026, the state of charge (or\nindicated battery capacity) provision, as it applies to lithium and sodium ion batteries in vehicles,\nis required only of those batteries with a Watt-hour (Wh) rating in excess of 100 Wh.\n\n<<>>\n\nThe ICAO TI indicates that batteries not more than 100 Wh should (i.e., is recommended) meet\nthe state of charge or indicated battery capacity provision. Furthermore, it is the opinion of this\nOffice that this state of charge requirement for vehicles only applies to the drive train\n(i.e., motive power) batteries that power the electric motor.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk DerKinderen\nChief, Standards and Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nHorne, T.\n25-0069\nFrom: INFOCNTR (PHMSA)\nTo: Baker, Yul (PHMSA)\nCc: Hazmat Interps\nSubject: FW: SoC for vehicles in air transport from 2026 onwards [Interpretation Request]\nDate: Friday, May 16, 2025 13:35:41\nHi Yul,\nPlease see the below interpretation request.\nLet me know if you need anything,\n-Breanna\nFrom: Eva Glimsche \nSent: Friday, May 16, 2025 7:27 AM\nTo: INFOCNTR (PHMSA) \nSubject: SoC for vehicles in air transport from 2026 onwards\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nDear PHMSA team,\ntoday we received the following questions from one of our customers:\n+++++++\nHi DG Team,\njust received the following request from a customer:\n++++++++++\nWe would like to tap into your expertise:\nWe have been looking closely at the new ‘state of charge’ requirement in the current\nIATA DGR for VA952.\nWe have the following understanding and questions:\n· From 1 January 2026: Vehicles with batteries >100Wh must meet the charge status\nrequirement (VA952, section (b) 4. (ii) (a)).\no Are we correct in understanding that this refers exclusively to drive batteries?\no If so, does this mean that section (b) 4. (ii) (b) refers exclusively to vehicles with\ndrive batteries <=100Wh? This would then only apply to ‘toy vehicles’.\no If not, this would mean that all installed batteries >100Wh must meet the charge\n\n<<>>\n\nstatus requirement. This raises the following question for us:\n§ The state of charge of some batteries cannot be read/determined and cannot be\nmanipulated from the outside, as the state of charge is controlled by control units (e.g.\nbattery management for 12V/48V on-board batteries). How should we proceed in this\ncase?\no If not, would this also mean that all installed batteries <=100Wh should meet the\ncharge status requirement? This raises the following question for us:\n§ The charge status of some batteries cannot always be determined or manipulated\nfrom outside (e.g. the tablet is automatically charged in the rear seat entertainment\nsystem when it is in the holder). How should this be handled?\n+++++++++++\nI would say that the SoC reduction is for the traction battery only. Are you of the same\nopinion?\nPlease provide me with a written interpretation.\nLooking forward to hearing from you.\nBest regards,\nEva\nEva Glimsche\nABS All Battery Service GmbH\nSperberstr. 50e – 81827 Munich - Germany\nOffice +49 - 89 - 43579624\nMobile +49 - 171 – 4958177\neva.glimsche@lithium-battery-service.com\nwww.lithium-battery-service.com\nCEO: Eva Glimsche and Jürgen Werny\nRegistered office: Munich\nCommercial Register: Amtsgericht München (district court Munich) HRB 296612\nSocial Media\nXing.\nWe sure enjoy keeping in touch! You can do so via Facebook, Linkedin, Pinterest, Tumblr, Twitter or\n\n<<>>\n\nNewsletter\nYou want to receive updates on new and changed regulations on the transport of lithium cells and\nbatteries?\nVia this link you can sign up for our newsletter service:\nhttps://www.lithium-batterie-service.de/en/newsletter/\nHere you can meet us Online:\nhttps://www.lithium-batterie-service.de/en/learning-opportunities/","truncated":false,"body_characters":6040}