{"operation":"document","citation":"19-0025R","title":"Westmor Industries, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-12-22","effective_on":null,"summary":"19-0025R response to Westmor Industries, LLC concerning 178.337.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0025r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0025r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0025r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-01/190025R.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDecember 22, 2025\nRobbie Dunn, P.E.\nWestmor Industries, LLC\n3 Development Drive\nMorris, MN 56267\nReference No. 19-0025R\nDear Mr. Dunn:\nThis letter is in response to your March 4, 2019 email and a meeting on May 19, 2025, with\nmembers of the Standards and Rulemaking Division, requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of propane\nin a specification MC 331 cargo tank motor vehicle (bobtail). After further review, Reference\nNo. 19-0025 has been superseded by this revised letter.\nYou describe a scenario where propane deliveries require drivers to reverse into unfamiliar\nlocations to complete the delivery of propane to customers. This presents safety concerns due to\nlimited visibility and blind spots. As such, you are considering mounting a reel to the front of the\nbobtail chassis. Furthermore, you state that due to variations in chassis design or lack of\nstructural support at the front of the bobtail chassis, you want to avoid installing a protection\ndevice. Based on the design drawing that was submitted, is the proposed configuration allowed\nby the HMR?\nNo. While there is not a restriction against mounting the hose reel and piping to the front of the\nMC 331 chassis, § 178.337-10(a) requires “[a]ll valves, fittings, pressure relief devices, and other\naccessories to the tank proper shall be protected in accordance with paragraph (b) of this section\nagainst such damage as could be caused by collision with other vehicles or objects. . .”\nFurthermore, in accordance with § 178.337-10(f)(2), each internal self-closing stop valve, excess\nflow valve, and check valve must be shielded by a shear section or other sacrificial device.\n\n<<>>\n\nThis protection device must be placed in the piping system outboard of the stop valve and within\nthe accident damage protection device to prevent any accidental loss of lading. Based on the\ninformation and attachments provided, your design would not meet the accident damage\nprotection requirements prescribed in § 178.337-10.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk DerKinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nFrom: Andrews, Steven (PHMSA)\nTo: Christopher Wagner; Benjamin Nussdorf\nCc: Baker, Yul (PHMSA); DerKinderen, Dirk (PHMSA); Nickels, Matthew (PHMSA)\nSubject: RE: Update on NPGA/PHMSA Questions\nDate: Monday, May 12, 2025 18:10:25\nAttachments: image002.png\nimage003.png\nimage004.png\nChris/Ben,\nI blocked off a 2pm on Thursday slot on teams to discuss this letter. Does that work for you all?\nThanks\nSteven\nFrom: Christopher Wagner \nSent: Monday, May 5, 2025 5:23 PM\nTo: Andrews, Steven (PHMSA) ; Benjamin Nussdorf\n; Patrick, Eamonn (PHMSA) ; Foster, Glenn\n(PHMSA) \nCc: DerKinderen, Dirk (PHMSA) \nSubject: RE: Update on NPGA/PHMSA Questions\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.\nHi Steven,\nApologies for the delayed response. Below is the crux of the matter:\nBy our understanding the March 4, 2019 request for interpretation, submitted by Westmoor\nIndustries, LLC that received a response on September 12, 2019 was seeking an understanding\nrelated to accident damage protection as specified in 49 CFR 178.337 (a), (b), (c), and (e) for the\npurposes of seeking an exclusion for front end protection when installing metered delivery\nplumbing. A standard configuration includes piping, valves, meter and permanently installed hose\nwithin a hose reel mounted on the tailboard of the vehicle. This tailboard is protected by a rear\nbumper designed to protect the cargo tank and all valves, piping and fittings located at the rear of\nthe cargo tank. Vehicles in metered delivery service are not capable of removing residual propane\nfrom the hose and piping used for delivery. This is due to the method of sale of metered gallons to\nthe consumer and the container filling process. A container in stationary service is filled by volume\nusing the fixed maximum liquid level gage. This is an outage gage located on the container that\nemits liquid when filled. If the delivery hose continues to dispense following emission of liquid a\ncontainer will by design be overfilled. If the remaining liquid is discharged to atmosphere, the\nconsumer will be billed for 10 gallons they did not receive.\nI am unaware of any regulation that specifically prohibits retaining LP Gas in the metered service\n\n<<>>\n\ndelivery piping. For the actual rule prohibiting transportation of hazardous materials in loading or\nunloading lines located on the bottom portion of cargo tanks that are exposed to vehicle collision is\nlisted in 49 CFR 173.33(e) but is limited to 5.1, 5.2, 6.1 and 8 hazardous materials without damage\nprotection. In every case where a bobtail transports propane it is equipped with crash protection of\nthe piping. This crash protection includes the frame rails of the vehicle, wheels and fenders, and the\nICC bumper on the rear. All piping, hose and fittings are protected consistently with the 2004 and\n2009 RSPA dockets.\nFor additional context as to the areas of potential conflicts generated by Paragraph Three of the\nWestmoor Interpretation, I cite the following:\n• 49 CFR 173.33(e) states - DOT specification cargo tanks used for the transportation of\nany material that is a Division 6.1 (poisonous liquid) material, oxidizer liquid, liquid\norganic peroxide or corrosive liquid (corrosive to skin only) may not be transported with\nhazardous materials lading retained in the piping, unless the cargo tank motor vehicle is\nequipped with bottom damage protection devices meeting the requirements of §\n178.337-10 or § 178.345-8(b) of this subchapter, or the accident damage protection\nrequirements of the specification under which it was manufactured. This requirement\ndoes not apply to a residue which remains after the piping is drained. A sacrificial device\n(see § 178.345-1 of this subchapter) may not be used to satisfy the accident damage\nprotection requirements of this paragraph.\n· MC-331 cargo tank motor vehicles in metered delivery service meet the afore\nmentioned requirements as listed in § 178.337-10 and § 178.345-8(b)\n• In 2004, Docket No. RSPA-99-6223 (HM-213B), while evaluating a proposed\nmodification to existing wet line allowances for flammable liquid haulers established that\nthe frame members on straight truck chassis carrying hazardous materials constituted\nbottom damage protection\n• In 2009, Docket No. PHMSA-2009-0303 (HM-213D) admitted that loads that were in\nmetered delivery should be excluded as there is no mechanism for recovery and\nreimbursement of gallons that flow through a meter leading to overcharging of\nconsumers.\n• Propane bobtails in metered delivery service have up to 150’ of permanently attached\nhose connected to the rear of a vehicle stored within a hose reel above the vehicles\nframe and rear end protection. All additional piping associated with the transfer system\nis located between the frame rails of the vehicle terminating at an automatically\nreclosing internal valve.\n• 49 CFR 173.315 (i)(11) creates specific obligations for each portion of connected liquid\npiping or hose for compressed gases that is shipped in cargo tanks and that can be\nclosed at both ends trapping liquid, that hydrostatic pressure relief equipment be\ninstalled. This section further substantiates that liquid is expected to be transported in\ncertain cargo tank piping such as that connected to the metered delivery piping and\nhose system on MC-331 cargo tanks transporting liquefied petroleum gas.\nPlease let us know how to proceed. Thanks.\n\n<<>>\n\nCHRISTOPHER J WAGNER\nVice President of Codes, Standards, & Safety\nNATIONAL PROPANE GAS ASSOCIATION\n1140 Connecticut Ave NW, Ste 1075\nWashington, DC 20036 USA\n202-466-7202 DIRECT\n610-308-3822 MOBILE\nwww.NPGA.org\n\n<<>>\n\nfboJuu-r\n, 9-oo s cf\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nCc:\nSubject:\nStevens, Michael (PHMSA)\nMonday, March 04, 2019 9:53 AM\nRobbie Dunn\nFoster, Glenn (PHMSA); Hazmat Interps\nRE: Code compliance for new product\nGood Morning Mr. Dunn,\nI will have your request for compliance verification entered into our system. It will be evaluated by our engineering\ndepartment and a written response will be provided to you.\nSincerely,\nMichael Stevens\nFrom: Robbie Dunn [mailto:robbie.dunn@westmor-ind.com]\nSent: Monday, March 04, 2019 9:25 AM\nTo: Stevens, Michael (PHMSA) \nSubject: Code compliance for new product\nMichael, I'm looking for some guidance on a new product that we're developing to help our customers deliver\nPropane safer on an MC33 l bobtail. I wanted to send you some background information and some diagrams to\nlook at, then I was hoping to call you or if your not the correct contact that you could point me in the right\ndirection. If it works better I'm willing to meet in person also.\nThe intent of the design is for public safety. When propane deliveries are made the opera.tor has to back into an\nunknown location for the delivery. When backing up you have safety concerns with the limited visibility and\nblind spots. We've been selling backup camera's to help, but they get dirty and hard to see out of, and the\nscreens are small. We're looking at mounting a reel to the front of the bobtail, in much the same manner as you\nmight see on a fire truck. I've attached a few diagrams illustrating the concept. We've calculated less than 10\ngallons of product in the piping and reel. Due to chassis variations, lack of chassis structure at the front we'd\nlike to avoid putting a protection device around the reel. We believe it is acceptable to have up to 119 gallons\nof a hazmat product and not be considered bulk. We believe the question is what is needed to isolate the\nproduct remainingin the reel and piping from the rest of the bulk product, for it to be looked at on it's\nown. Would DOT consider the internal valve on the tank along with a secondary valve followed by a shelil'\nsection be enough isolation to consider the 10 gallons independently? If not I wan't to explore other options,\nI would like to talk to you or someone on this design idea, if you are the correct person to talk to what would be\nthe best number to reach you at?\nRegards,\nRobbie Dunn, P .E.\n\n<<>>\n\nChief Engineer\nWestmor [ndustries, LLC\n3 Development Drive\nMorris, MN 56267\nUnited States\nP: (320} 589-7250\nE: robbie.dunn@westmor-ind.com\n2\n\n<<>>\n\nWESTMOR\n\n<<>>\n\n13' OF 1.5 PIPING =\n1.37 GALLONS\n150' OF 1\" HOSE\n= 6.12 GALLONS\nPRODUCT IN REEL = 1 GALLONS\nPROOUCT PUMP •\nAIR ACTUAlED VN.VE TO\nISOLATE DOWNSTREAM\nPIPING WHILE IN TRANSIT\n•\n• SHEAA SECTION\nTHERE Will BE UP TO 10 GALLONS OF UOUID\nPETROLEUM DOWN STREAM Of THE ISOIATION VN.VE IN\nTHE PIPING ANO DEl:JV£RY HOSE\nTHE FRONT DEI..NERY REEL W1ll NJ.(NI DRIVERS TO SAfrrY PUll\nINTO DRIVEWAYS RAl'HER '!HAN BACKING INTO DRIVEWAYS WITH\nLIMITED \\1SIBILOY.\n\n<<>>\n\nPRODUCT METER\nPRODUCT PUMP\nTODO DN50 COUPLING\nTHERE WILL BE UP TO 10 GALLONS OF LIQUID\nPETROLEUM DOWN STREAM OF THE DRY BREAK COUPLER\nIN THE PIPING AND DELIVERY HOSE\nTHE FRONT DELIVERY REEL WILL ALLOW DRIVERS TO SAFELY PULL\nINTO DRIVEWAYS RATHER THAN BACKING INTO DRIVEWAYS WITH\nLIMITED VISIBILITY.\nPRODUCT DELIVERY REEL HOLDS\n150' OF DELIVERY HOSE.","truncated":false,"body_characters":11724}