{"operation":"document","citation":"25-0153","title":"The National Board of Boiler and Pressure Vessel Inspectors (NBBI) — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-05-18","effective_on":null,"summary":"25-0153 response to The National Board of Boiler and Pressure Vessel Inspectors (NBBI) concerning 171.7, 180.413.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0153.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0153.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0153","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-05/250153.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMay 18, 2026\nMr. Luis Ponce\nThe National Board of Boiler and Pressure Vessel Inspectors (NBBI)\n1055 Crupper Avenue\nColumbus, OH 43229-1183\nReference No. 25-0153\nDear Mr. Ponce:\nThis letter is in response to your November 19, 2025 email requesting clarification on how the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) apply to the repair or\nmodification of specification cargo tanks performed by a repair facility holding a valid National\nBoard Certificate of Authorization for use of the National Board “R” stamp. Specifically, you\nseek clarification on the applicability of the associated National Board Inspection Code (NBIC).\nWe have paraphrased and answered your questions as follows:\nQ1. Does § 180.413(a)(1) require each repair, modification, stretching, or rebarrelling of a\nspecification cargo tank performed by the repair facility to be performed in accordance\nwith the NBIC, including the application of the “R” symbol stamp and the signing of the\napplicable Form “R” Report?\nA1. No. Section 180.413(a)(1) sets standards for the repair facility performing the work\nunless otherwise excepted.\nQ2. Does § 180.413(a)(1) require each repair, modification, stretching, or rebarrelling of a\nspecification cargo tank be performed in accordance with the edition of the NBIC in\neffect at the time the work is performed?\n\n<<<PAGE 2>>>\n\nA2. In § 180.413(a)(1), the language “in effect at the time the work is performed” refers to the\nedition of the NBIC incorporated by reference into the HMR at the time the work is\nperformed (see § 171.7(x)(1)). At the time of this writing, that is the 1992 edition.\nHowever, there are exceptions in §§ 180.413(a)(1)(i), (ii), and (iii).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nCardez, E.\n25-0153\nFrom: INFOCNTR (PHMSA)\nTo: Baker, Yul (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Letter of Interpretation Request\nDate: Wednesday, November 19, 2025 13:20:02\nAttachments: image001.png\nHi Yul,\nPlease see the below interpretation request.\nLet me know if you need anything,\n-Breanna\nFrom: Luis Ponce <LPonce@nationalboard.org>\nSent: Wednesday, November 19, 2025 1:09 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Letter of Interpretation Request\nYou don't often get email from lponce@nationalboard.org. Learn why this is important\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.\nGreetings,\nI am submitting this inquiry for your consideration about a requirement in the §49CFR\n180.413 a) 1).\nStatement of Need: There is confusion in the industry about a requirement in the\nreferenced paragraph above that reads in part, “…each repair, modification…of a\nspecification cargo tank must be performed by a repair facility holding a valid National\nBoard Certificate of Authorization for use of the National Board “R” stamp and must be\nmade in accordance with the edition of the National Board Inspection Code in effect\nat the time the work is performed.”\nBackground: One DOT representative stated this paragraph is not correct because there\nis no subsequent ‘IBR’ included after the standard reference, the NBIC, like there is in\n180.413 a) 6) for MC 330 and MC 331 cargo tanks. However, another DOT representative\ndisagrees and said the 180.413 a) 1) paragraph is correct. In addition, the year edition of\nthe NBIC in the §171.7 is 1992 but this differs from the requirement in the statement of\n\n<<<PAGE 4>>>\n\nneed (bold and underlined text).\nQuestion 1: Is it the intent that §49CFR 180.413 a) 1) requires each repair, modification,\nstretching, or rebarrelling of a specification cargo tank must be performed in\naccordance with the NBIC, including stamping the “R” symbol stamp and signing the\napplicable Form “R” Report?\nQuestion 2: Is it the intent that §49CFR 180.413 a) 1) requires each repair, modification,\nstretching, or rebarrelling of a specification cargo tank must be performed in\naccordance with the edition of the NBIC in effect at the time the work is performed?\nRegards,\nLuis Ponce\nManager of Technical Services\nThe National Board of Boiler and Pressure Vessel Inspectors\n1055 Crupper Avenue\nColumbus, Ohio 43229-1183\nEmail: lponce@nationalboard.org\nPhone: 614-431-3201 Office\nFax: 614-847-1828","truncated":false,"body_characters":4618}