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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #18-0060

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

Interpretation Response Details

Response Publish Date:

Company Name: Connell Foley LLP

Individual Name: Angela A. Iuso

Location State: NJ Country: US

View the Interpretation Document

Response text:

Angela A. Iuso
Connell Foley LLP
56 Livingston Avenue
Roseland, NJ  07068
Reference No. 18-0060
Dear Ms. Iuso:

This letter is in response to your April 13, 2018 and May 9, 2018, letters requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to cargo tank motor vehicle (CTMV) repairs.  Specifically, you present questions pertaining to a scenario in which a CTMV was repaired in accordance with § 180.407(b), but the documentation of the repair, as specified in § 180.417(b), is no longer available.

We have paraphrased and answered your questions as follows:

Q1.      You ask whether a DOT‑registered cargo tank repair facility can validate and/or verify an undocumented repair by performing standard testing and inspection in accordance with § 180.407(g)(1)(iv).

A1.      The answer is no.  Any repair of a cargo tank, including previous repairs, must be performed in conformance with the requirements of § 180.413(a).  An undocumented repair is not compliant with the requirements to repair in accordance with § 180.413(a). Under § 180.413(a)(1) the repairs must be performed by a repair facility holding a valid National Board Certificate of Authorization for use of the National Board "R" stamp and the repair must be made in accordance with the edition of the National Board Inspection Code in effect at the time the work is performed.  Additionally, § 180.413(a)(3) requires that each person performing a repair of a Department of Transportation (DOT) specification cargo tank must be registered in accordance with subpart F of Part 107.  An undocumented repair may not be retroactively validated by a subsequent DOT‑registered cargo tank repair facility by performing requalification testing and inspection requirements in accordance with § 180.407 only. 

Q2.      In the event the answer in A1 is no, you ask what an authorized entity must do to ensure the CTMV is safe, in compliance with 49 CFR Part 180, Subpart E, and eligible for hazardous materials service as a specification cargo tank.

A2.      The CTMV may be eligible for hazardous materials service as a specification cargo tank if the undocumented repair is removed and replaced by a cargo tank repair facility meeting the requirements of § 180.413 (see A1).  After the repair is completed, the cargo tank repair facility will generate the appropriate documentation of the repair.  If this is not feasible, the CTMV may be able to return to hazardous materials service under the controls of a special permit, provided an equivalent level of safety can be demonstrated by the applicant.  To apply, the CTMV owner must submit an application to the Associate Administrator for Hazardous Materials Safety in conformance with the requirements prescribed in 49 CFR Part 107, Subpart B.  You may obtain information on the special permit application process from our website at:  PHMSA may consider addressing this scenario in a future rulemaking.


I hope this information is helpful.  Please contact us if we can be of further assistance.


Shane Kelley
Director, Standards and Rulemaking Division
Office of Hazardous Materials Safety

Regulation Sections

Section Subject
180.407 Requirements for test and inspection of specification cargo tanks
180.413 Repair, modification, stretching, rebarrelling, or mounting of specification cargo tanks