Interpretation Response #25-0069
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: ABS All Battery Service GmbH
Individual Name: Eva Glimsche
View the Interpretation Document
Response text:
September 30, 2025
Eva Glimsche
ABS All Battery Service GmbH
Sperberstr. 50e – 81827
Munich, Germany
Reference No. 25-0069
Dear Ms. Glimsche:
This letter is in response to your May 16, 2025 email requesting clarification of international regulations applicable to the state of charge requirements for electric vehicles as it relates to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the new state of charge requirements for electronic vehicles. Specifically, you reference packing instruction 952 of the International Air Transportation Association for Dangerous Goods Regulations (IATA DGR) and ask, for vehicles with batteries > 100Wh subject to the special provision, if only "drive batteries" (i.e., drive train batteries powering the electric motor) are required to meet the state of charge requirement. Furthermore, you ask how to determine or manipulate the state of charge if the requirement applies to all batteries on the vehicle (e.g., a powered tablet that is part of the vehicle entertainment system).
Your email references the IATA DGR. Please note that PHMSA does not officially recognize the IATA DGR for purposes of transporting hazardous materials. Therefore, PHMSA cannot offer an interpretation of the IATA DGR. However, § 171.22 of the HMR authorizes use of the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI), provided shipments offered under the ICAO TI conform to the applicable requirements of §§ 171.23 and 171.24. Though not currently incorporated by reference in the HMR, the 2025-2026 ICAO TI has provisions in its own Packing Instruction 952 similar to IATA DGR Packing Instruction 952, which both apply to battery-powered vehicles. In accordance with this edition of the ICAO TI, beginning January 1, 2026, the state of charge (or indicated battery capacity) provision, as it applies to lithium and sodium ion batteries in vehicles, is required only of those batteries with a Watt-hour (Wh) rating in excess of 100 Wh.
The ICAO TI indicates that batteries not more than 100 Wh should (i.e., is recommended) meet the state of charge or indicated battery capacity provision. Furthermore, it is the opinion of this Office that this state of charge requirement for vehicles only applies to the drive train (i.e., motive power) batteries that power the electric motor.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk DerKinderen
Chief, Standards and Development Branch
Standards and Rulemaking Division
§ 171.22, § 171.23 and § 171.24