Interpretation Response #24-0041
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Council on Safe Transportation of Hazardous Articles
Individual Name: Frank Lopez
Location State: NY Country: US
View the Interpretation Document
Response text:
October 1, 2024
Frank Lopez
Regulatory Compliance Specialist
Council on Safe Transportation of Hazardous Articles
10 Hunter Brook Lane
Queensbury, NY 12804
Reference No. 24-0041
Dear Mr. Lopez:
This letter is in response to your May 28, 2024, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to determining responsibility for compliance with lithium ion cell and battery state of charge (SOC) requirements-see § 172.102 Special Provision A100. You ask for confirmation that subsequent offerors of lithium ion cells and batteries may generally rely on information from the initial offeror that the SOC does not exceed 30 percent of the cell or battery's rated capacity.
The answer is yes. Section 171.2(b) states that "...each offeror may rely on information provided by another offeror, unless that offeror knows or, a reasonable person, acting in the circumstances and exercising reasonable care, would have knowledge that the information provided by the other offeror is incorrect." Additionally, § 171.2(f) would apply to the scenario you provided, because it states that "carriers that transport hazardous materials may rely on information provided by the offeror of the hazardous material or a prior carriers, unless the carrier knows or, a reasonable person, acting in the circumstances and exercising reasonable care, would have knowledge that the information provided by the offeror or prior carrier is incorrect." Therefore, subsequent offerors of lithium ion cells and batteries may rely on information provided by another offeror-or a previous carrier-unless it is known to the offeror or a reasonable person acting in the circumstances and exercising reasonable care that the other offeror's or carrier's information is incorrect.
Finally, please note that whenever a hazardous material has not been shipped in compliance with the HMR, the Department of Transportation will attempt to bring an enforcement proceeding against the person who first caused the transportation of the noncomplying shipment. See the formal interpretation of carrier responsibility when accepting hazardous material for transportation in commerce (June 4, 1998; 63 FR 30411).
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Alexander Wolcott
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
171.2(b), 171.2(f), 172.102
Regulation Sections
| Section | Subject |
|---|---|
| 171.2 | General requirements |
| 172.102 | Special provisions |