# Michael Colaner, LLC — Hazardous Materials Safety Interpretation **Citation:** 25-0016 **Type / status:** guidance / guidance **Agency:** Pipeline and Hazardous Materials Safety Administration **Effective:** Not stated **Published:** 2025-06-03 25-0016 response to Michael Colaner, LLC concerning 172.604. ## Document text <<>> 1200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration June 3, 2025 Michael Colaner Consultant Michael Colaner, LLC Behalf of Quality Carriers, Inc. 10 Timber Wolf Drive Hamilton, NJ 08620 Reference No. 25-0016 Dear Mr. Colaner: This letter is in response to your February 9, 2025 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the display of the emergency response telephone number on shipping papers. You explain that Quality Carriers, Inc.—the company you represent—has a bill of lading (i.e., a shipping paper) where the emergency response telephone number is displayed in a separate box. You note that the emergency response telephone number in a separate box is not highlighted; and the font size and color are the same as other information provided on the shipping paper. Does this method of placing the emergency contact telephone number in a separate box without highlighting, larger font, or font of a different color satisfy § 172.604(a)(3)? In addition, you reference a previously published letter of interpretation (Reference No. 16-0157) which states that “[s]ection 172.604(a)(3)(ii) requires the emergency contact telephone number to be entered once on the shipping paper in a manner that sets it apart for quick and easy recognition.” In this regard, is the response in Reference No. 16-0157 still valid? Yes, using the method of placing the emergency contact telephone number in a separate box is consistent with § 172.604(a)(3) and letter Reference No. 16-0157 remains valid. According to § 172.604(a), a person who offers a hazardous material for transportation must provide a numeric emergency telephone number for use in an emergency involving hazardous materials. Section 172.604(a)(3)(ii) specifies how the emergency response telephone number must be displayed on a shipping paper. Specifically, the number must be entered once on a shipping paper in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found—such as by highlighting, etc.—or in a manner that otherwise sets the information apart from other information provided on a shipping paper for quick and easy recognition. Based on the shipping paper you provided, the placement of the emergency response <<>> telephone number under the driver’s signature is consistent with requirements in § 172.604(a)(3)(ii). Please note that highlighting, using a larger font, or employing a different font color from the surrounding text are alternative methods for making the emergency response telephone number “easily and quickly found” on a shipping paper but are not required methods for achieving the performance standard. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division <<>> Cardez 25-0016 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: PHMSA Letter of Interpretation request in ref to 49 CFR 172.604(a)(3)(ii) Date: Monday, February 10, 2025 12:26:44 PM Attachments: dataqs_details_4909774_202502091635.pdf Quality Carriers DataQ 4909774 mc ltr.pdf Quality Carriers DataQ 4909774 5A10 results.pdf PD0043 Phillip Davis RSI TXV241586909 with BOL.pdf 160157 copy.pdf QC TXDPS.pdf Hello Alice, Please see the below interpretation request and attached documents. His phone number is (848) 448-1571. Let us know if you need anything. Sincerely, Janaye From: Michael Colaner Sent: Sunday, February 9, 2025 4:42 PM To: PHMSA HM InfoCenter Cc: Frederick Marsicano ; Joe Delgado ; Carol Creamer ; Ami Kelley Subject: PHMSA Letter of Interpretation request in ref to 49 CFR 172.604(a)(3)(ii) CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. Mr. Shane Kelley Director, Standards and Rulemaking Division U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 February 9, 2025 Director Kelley, I am Michael Colaner, a Transportation and Hazardous Material consultant representing Quality Carriers Inc. I am writing to formally request a PHMSA Letter of Interpretation regarding whether the display of the Emergency Response Phone Number on a Shipping Paper in a separate box without the aid of highlighting, use of a larger font, or a font that is a different color from other text and <<>> information, meets and satisfies the requirements setting the information apart to provide for quick and easy recognition as outlined in 49 CFR 172.604(a)(3)(ii). Recently, this became a point of contention when Quality Carriers were subjected to a roadside inspection by a Texas Department of Public Safety (DPS) Inspector. The Inspector cited QC for allegedly violating 49 CFR 172.604. The Inspector noted in his report that the information "does not stand out from other types." This assertion raises significant concerns from both a compliance and an interpretative perspective. The Data-Q and subsequent appeals we filed with the Texas DPS referenced PHMSA Letter of Interpretation #16-0157, particularly question #4. It stated, "Section 172.604(a)(3)(ii) requires that the emergency contact telephone number be entered once on the shipping paper in a manner that sets the information apart to provide for quick and easy recognition." The separate box method we employed aligns with this interpretation, emphasizing compliance. However, the DPS Inspector disputed this reasoning and gave this explanation. "This section requires it to be prominent and readily identifiable, and clearly visible manner to be easily and quickly found such as highlighting, use of larger font, or a different color font. The manner you used is in the same type, and same color as everything else. It is not easily identifiable or stand out from other type in that section." The Texas DPS Inspector's interpretation of this Hazardous Material Regulation (HMR) introduces unnecessary subjectivity, diverges from the established Commercial Vehicle Safety Alliance (CVSA) General Hazardous Materials course guidelines, and does not consider the display of the Emergency Response Number in a separate box. The Hazardous Material Regulations allow the shippers to determine how to present the Emergency Response Phone Number. The permissive term "OR" within the regulation underscores this flexibility. The HMRs do not bestow this authority upon the Inspector to dictate their preferred method of presentation. Displaying the Emergency Response Phone Number in a separate box clearly supports the regulation's intent. It does not create confusion and enhances the clarity and effectiveness of the information provided. Thank you for your attention to this essential matter. Sincerely, Michael Colaner Michael Colaner LLC 10 Timber Wolf Drive Hamilton, NJ 08620 MColaner5038@gmail.com On behalf of <<>> Quality Carriers Inc. 1208 E Kennedy BLVD Suite 132 Tampa, FL 33602 Supporting Documents <<>> This section requires it to be prominent and readily identifiable, and clearly visible manner to be easily and quickly found, such as highlighting, use of larger font, or a different color font. The manner you used is in he same type, and same color as everything else. It is not easily identifiable or X No Corrective Action Required - report should stand as is: (Detailed explanation required.) • Process the following changes: (Detailed explanation required.) stand out from other type in that section. <<>> U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 JAN 1 2 2016 Mr. W. A. Winters President Regulatory Resources Inc. 379 Aragon Avenue Los Alamos, NM 87544 Reference No. 16-0157 Dear Mr. Winters: This letter is in response to your September 23, 2016, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers. Specifically, you ask questions pertaining to the placement of certain entries as they relate to an example shipping paper you included in your letter. We have paraphrased and answered your questions as follows: QI. Section 172.202(c) requires the total quantity of hazardous material covered by one description to appear before or after, or both before and after, the description required and authorized by Subpart C of Part 172. What other information, if any, is authorized to be placed before the required description? Al. As prescribed in§§ 172.201(a)(4) and 172.202(c), certain information may be placed before the basic description, such as quantity shipped, the type of packaging, and destination marks. Otherwise, additional information must be entered on the shipping paper after the basic description prescribed in§ 172.202(a). Q2. In the same scenario as Q 1, how much "after" the required description can the total quantity of material be indicated for a shipping paper to be considered acceptable? Does our example shipping paper meet that standard? A2. There are no boundaries-written or otherwise-with regard to what is considered an acceptable "after" location for the quantity of material covered by a description so long as it is not considered excessive. To that end, the location depicted in the example shipping paper you provided is acceptable. Q3. Does the type of package indicated in our example shipping paper meet the requirements of§ 172.202(a)(7)? <<>> A3. Q4. A4. The answer is no. The number and type of packages must be indicated on a shipping paper either before or after the required basic description. See § § 172.202( a)(7) and 172.202( c ). The type of packages must be indicated as a description of the package (i.e., "12 drums"). The example shipping paper provided with your letter does not meet that standard because the "RIDGED OR SHARPS US DOT TRANSPORT CONTAINER" field does not sufficiently describe a commonly recognizable package type. Does the emergency contact telephone number depicted in our example shipping paper meet the requirements of§ 172.604(a)(3)(ii)? The answer is yes. Section 172.604(a)(3)(ii) requires that the emergency contact telephone number be entered once on the shipping paper in a manner that sets the information apart to provide for quick and easy recognition. The example location and method depicted in the shipping paper you provided meets this requirement. !hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, . ~~~. ~~~~ . -- T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division <<>> Goodall, Shante CTR (PHMSA) From: Sent: To: Subject: Attachments: l lJ -0 l 1 INFOCNTR (PHMSA) Friday, September 23, 2016 6:04 PM Hazmat Interps FW: Request for Clarification New Interp Request.pdf Hi Shante/Alice, Please submit this as a letter of interpretation. Please let me know if you have any questions. Thanks, Attached is a request for clarification regarding the Hazardous Materials Regulations. Please contact me if you have any questions. Thank you, Wade Winters 505-393-0111 1 <<>> Regulatory Resources Inc "The Source You Come Back To " Standards and Rulemaking Division Pipeline and Hazardous Materials Safety Administration Attn: PHH-I 0 U.S. Department of Transportation East Building 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Dear Standards and Rulemaking Division, RR! is a training and consulting company. We often will use bad examples as a training tool in compliance. Discussions have ensued with regard to the example shipping description/paper provided. RR! is seeking PHMSA's opinion on the questions below. The requirement for the quantity to be identified for a description of hazardous material on a shipping paper is located in 172.202( c ). This information may be entered before or after (or both) the required description. Paragraph 172.201(a)(4) stipulates that any additional information may be included but must be placed after the required description. My questions are: (I) Given I 72.201(a)( 4), would the quantity location before the required hazardous material description be better stated as "immediately before"? In other words, is any other information, other than specified in 172.201 , allowed to be placed before the required description? (2) Are there any unwritten boundaries on what is acceptable with regard to the "after" location of the quantity of material covered by a description? For example, given the hazardous materials shipping paper shown below, would the location of the quantity be acceptable? On other subjects, with regard to the shipping paper example provided: (3) Is the type of package indicated in the example shipping paper sufficient to meet the requirement of 172.202(a)(7)? ( 4) Does the means by which the emergency contact telephone number is displayed meet the intent of 172.604(a)(3)(ii)? Please contact me if you have any questions. Our office number is 505-393-0111. Thank you, ll'ki~ W. A. Winters President 379 Aragon Avenue Los Alamos, NM 87544 voice: 505-393-0111 hazmat@regulatoryresources.net www.regulatoryresources.net WAW/lom <<>> ~ Regulatory Resources, Inc. ---a 379 Aragon Avenue Los Alamos, NM 87544 505-393-0111 hazmat@regu la to ryresou rces.net www.regulatoryresources.net Storage Facility/Station: 555 Anystreet - Anywhere, AW 98765 UN3291 REGULATED MEDICAL WASTE, n.o.s. CLASS6.2 PG.II RRI RMWlnc. PO Box 1234 Anywhere, AW 98765 555-555-1212 - Fax 555-555-1234 MANIFEST NO: RRI NO.:. 070861 BIOHAZARDOUS REGULATED MEDICAL (SPECIAL} WASTE MANIFEST I TRACKING DOCUMENT In case of emergency, please catl:555-555-5666 (24-hrRRJ RM\N. Inc.emergency response telephone number) g:: CUSTOMER I GENERATOR I ORIGIN WASTE TYPE TELEPHONE NUMBER r.i RMW Generator Inc. 555-555-3434 8 ll-A-D-D~RE_S_S~~~~~~~~~~~~~~~~~~~~~~~~~~~~~'--~~~~~~~~~~~--1 !;; 123 Medical Street, Medical, AW 98567 ~o ~ WASTE TYPE I NO. OF RIDGED OR SHARPS US DOTTAANSPORT CONTAINERS COLLECTED l10 GAL It. , GAL. l31 GAL J32 GAL l43 GAL !'so+ GAL 1 oTHEH I JctRr'.flEDTOTAl.Wl.OfCONTAJNE~ ~ Regulated Medical Waste 6 I 215.5 lbs fo-~ GENERATOR'S CERTIFICATION: Till.• is to certily mot 111C above-named matOfiais are. prop01ly classillece w>lt1 the roqulra/nents 0111/irred in that authmfllllltJn biolnu'"'·.,.-a-«1o-:--us-n-1edfcaJ-,,_~--f !'" ---D-AT_E ___ _ NAME' Or COMP/\NV RFPAESENTATIVE fflrmli SrGNATIJAE Of ~EPAFSENJA1Wt:. GENERATOR <<>> 11/6/24, 9:42 AM 75234151606__1604E275-35F3-47A0-9DAF-05555E94B0CA.jpg https://mail.google.com/mail/u/0/#inbox/QgrcJHsHpqWLkCXmFvhPBFHfzcQJzLpSHtv?projector=1 1/1 <<>> the property descred bebee Bill of Lading - Short Form. - Not Negotiable ** FINAL BOL CYTEC INDUSTRIES INC. Nes said care E on the roots ofervant to delve to and enter erretaten i protein if the preparty under the contact, agrees to carry to od Broughout ta contact an mean scapt an nated (centests and candlion of contents of packages unknown), maried consigned, and destined an indicated balon 504 CARNEGIE CENTER, destraties, and as to sach party af any fire interested in al or any of said property, that eary service to be parformed hereunde cartir on the route to said destination. It is mutualy agreed as to sach carrier of al or any PRINCETON,NJ,08540 * Domestic Straight ed of Lading set forth (1) in Undorm Freight Chetification I ellect on the date hered, i his le a rall or 1e i or bull & tha it a motor carrier shipment. US of the said bit of lading, including thore on the back thered, set forth in the classification of tarif which CYTEC INDUSTRIES INC. SHIP FROM editons are heraby agreed to by the shipper and accepted for himnef and Ns assigns, Carrier: Include this Shipment # on Freights bills 7910 MT JOY ROAD MOUNT PLEASANT 38474 Shipment/BOL No: 1101254751 IN US Page1/1 7008 / Quality SHIP TO CYTEC INDUSTRIES INC. Carriers Safford Carrier Name: QUALITY CARRIERS INC SAFFORD AZ 85546 US 962 E US HWY 70 Car or Vehicle: M4195 Delivery time: Seal Number: Delivering Carrier / Route: 005429-005446 Customer Order Information Shipping Date: Delivery 11.01.2024 11.06.2024 Date: Cust. Purchase Order#: Carrier Customer If changes are to be prepaid wrte QLYC 2092177 or stamp here. "To Be Prepaid." Prepaid Units HM Description of Materials, Special Marks and Exceptions Weight PREPAID SHIPMENTS ONLY Delivery No: 281085955 Order: 4505077125 INSTRUCTIONS INVOICING 1 T/T #2579.999 LB FOR PAYMENT distiliates) , NONE COMBUSTIBLE THIQUID, N.O.S. (Petroleum Marine Pollutant (Salicylaldoxime derivative) CYTEC INDUSTRIES ERG GUIDE No. 128 (US) 0/Y Material reference.: 163061/ C/O CASS INFOR RERBERT M5490 SOLVENT EXTRACTION Po box : 67 Batch MP24GK885 19,314. 161 KG SAINT LOUIS MO 63166-0067 US Condtions of applicable bit of lading. Subject to Section 7 of If the shipment is to be delivered to the consignor, the consignor chall the consignee without recourse on sign the following statement. delivery of the shipment without The carter shall not make lawful charges! payment of freight and all other CYTEC INDUSTRIES INC. (Signature of consignor) C.O.D. Amt 1 TOTAL UNITS SHIPPED: PALLETS O LOOSE TOTAL WEIGHT 42579.999 LB Collection Fee. / YE ERG is in cab of Tractor# 24/50 Driver's i Total Charges ROPER PLACARDS IN PLACE ] NOT REQUIRED ADS For Haz Mat Received by driver received by driver. Signature: Alle emo FREIGHT CHARGE Date: 9300 within the LEAK, a Canad EXPOSURE OR ACCIDENY CONTACT, for international CHEMTREC (24-Hour calls. collect *if the shipment moves between two ports by a carrier by water, the law requires that the bill of wing shall state whether it is "carrier's or shiper's weight." the agreed or decared value of the property. e is dependent on value, shippers are required to state specifically in writing ereby speofically stated by the shipper to be not exceeding The agreed or dedared value of the property is This is to certity that the above named materials are properly classitied, described peckaged, marked and Department of Transportation. isbeled, and are in the proper condition for transportation, according to the applicable regulations of the per Shipper Signature/Date Carrier/Pickup Date 4/1/24 C 1111 24 <<>> QC Quality Carriers Roadside/Citation Checklist (Form SAF-906-003b) Driver ID: PD0043 Terminal # 174 Driver Name: Filip Davis Inspection / Citation# TX V2415 86909 Date of Inspection! 1/03/24 State: Texas Tractor # 024150 Trailer or Chassis # FoR M4195 Please follow the instructions for completing and submitting all Roadside Inspections (RSI) and' citations to the Safety Department. If you feel a violation should be submitted for Data-Q. please DO NOT sign the RSI. Send it in immediately with an explanation. Roadside Inspection packets must be sent to: RSIDOCS@QUALITYCARRIERS.COM Roadside Inspections: Check each box below for completion: Hazmat Equipment Violation: • Yes *No Hazmat Non-Equipment Violation: & Yes ° No • Roadside Inspection document with associated pictures of defect (if possible) RSI Proof of Correction/Self Repairs Form (Form 2.49a) and/or repair order DVIR for Date of RSI (Required only for Mechanical or Maintenance Violations) * Log for Date of RSI (Must be On Duty and Certified) , Corrective Action or Breach of Contract Attached the RSI report, verifying all measures have been taken to correct the violation(s) Unless otherwise noted on the document. a representative with the terminal must sign Citations: Answer each of the following questions by selecting YES or NO • Front and back copies of the citation included: YES NO • Citation amount: $ Late fees (if applicable): $ *Only one should be answered YES below • Safety to process & Chargeback Driver for the citation: YES NO (Chargeback is Not Applicable to Company or Affiliate Drivers) • Safety to process & Charge Terminal: YES NO • Hold processing - Driver fighting the citation: YES NO • Terminal processing & paying citation (MUST provide proof of payment): YES N • Driver is paying for their own citation (MUST provide proof of payment): YES NO his/her settlement. Driver must sign below acknowledging he/she is aware the citation will be deducted from (Terminal Rep) have talked with our driver (Driver Signature) and he/she understands that this citation (and credit card service fee, if applicable) will be deducted from his/her settlement. NOTE: Delay in communicating how a citation is to be paid that results in late fees and/or suspension from the state, will be the terminal's responsibility. Date Created: 6/6/2013 Roadside/Citation Checklist (Form SAF-906-003b) Revision Date: 8/17/23 <<>> Corrective Action Date: 11/05/2024 Employee's Name: Philip Davis Supervisor's/ Manager's Name: Paul Sanders Type of action: • Coaching Event X Verbal Warning • Written Warning • Final Written Warning Violation of Company policies and rules may warrant corrective action. The Company has established a system of corrective action that may include verbal warning and written warnings. The system is not formal and the Company may, in its sole discretion, utilize whatever form of corrective action deeme appropriate under the circumstances, up to and including termination of employment Issue: • Attendance • Behavior X Safety violation X Policy and/or procedure violation • Job performance • Other: Explanation of Issue: Driver Philip Davis was given a roadside citation for 3 violations of which include Inoperable/obscured side marker lamp, expired US DOT hazardous material Registration, No/Improper Emergency response number for HM. Driver stated that the lights are functioning properly and even sent a video to the driver manager of them working in different functions as well as the placement of the side marker lights. Driver during pre-trip inspection upon the start of the trip didn't review the permit book for expired permits or forms leading to the driver receiving a current citation for permit invalid and driver forgot that he can pull this document from isaac shared documents. Corrective Action Required: Driver has been coached to remind him of having the ability to pull the documents via Issac, but driver other violations we believe to be inaccurate as these items are functional and clearly provided such as the Emergency Number that is attached to the BOL for the load driver was carrying at the time of inspection. Driver has been assigned training Being Prepared for Roadside Inspections via Luma to remind the driver that areas of pre-trip inspection also include the documentation such as permit book and BOL for load. Consequences: This is a Verbal warning. Future conduct similar to that described above may result in further corrective action, up to and DOT remedial training of Being Prepared for Roadside Inspections. My manager has discussed the above with me. I understand the contents and acknowledge and understand the corrective action required. I also acknowledge and understand the potential consequences of non-compliance. Employee: Date: Supervisor: Date: <<>> Daily Logbook *Date 11/3/2024 Cydle USA Property 70h/8d Operator Phillip Davis(150150975) Time Zone (UTC-05:00) Central Standard Time (DST) Carrier Name Quality Carriers, Inc. (03:12) 1208 E Kennedy Blvd Suite 132, Tampa, FL, United States, 33602. (800-282-2031) Terminal Address 1029 Channel Ave, MEMPHIS, TN, United States, 38113. (1-800-282-2031) Shipping Documents Order 174018177 Trailers 702318(T500228 (IL)), M4195(2446451 (ME)), M4195(2346451 (ME)) Vehicle Odometer (mi) Distance (mi) Start End Today 924150 (P1223057 (IL)) 109158 109825 667 AM 12 1 1 2 3 AM 3 9 10 11 12 Off Duty 08:41:32 Sleeper 04:12:38 Driving Lualn nhni hnnhahnbu uhnl 10:48:10 On Duty hhhhn hnlonh 01:17:40 Start 3:12:38 AM Status Duration Distance Location 00:07:17 Comment / Annotation On Duty Big Spring, TX 3:19:55 AM 3:21:16 AM On Duty 00:01:21 Big Spring, TX| 3:28:44 AM Driving 00:07:28 0 Big Spring, TX Off Duty 00:12:14 3:40:58 AM Driving 04:43:31 315 Big Spring, TX Big Spring, TX 8:24:29 AM 9:38:05 AM Off Duty 01:13:36 Fabens, TX On Duty 00:25:26 Fabens, TX 10:03:31 AM Driving 04:29:27 271 Fabens, TX 2:32:58 PM On Duty 00:12:11 Thatcher, AZ 2:45:09 PM On Duty 00:14:36 0 Thatcher, AZ 2:59:45 PM On Duty 00:16:49 Thatcher, AZ 3:16:34 PM Driving 01:25:51 79 Thatcher, AZ 4:42:25 PM 4:54:42 PM Off Duty 00:12:17 Lordsburg, NM Driving 00:01:53 Lordsburg, NM 4:56:35 PM Off Duty 07:03:25 Lordsburg, NM ......_... daInInnAA dA.dA.nA .... Signature: Digitally signed by Phillip Davis(150150975) <<>> A SAFETY Texas Department of Public Safety DATE SANE PROTES Motor Carrier Bureau DATA Q INVESTIGATION RESPONSE FORM Instructions: Complete ALL fields below in Part B only. Form must be signed by both Investigating Trooper/Officer & approving Supervisor. (512) 424-5262. Return scanned form to MotorCarrierBureau@dps.texas.gov, or send form by facsimile to: PART A - MOTOR CARRIER BUREAU Data Q Number: Data Q MCB Tracking Number: Request Date: 4909774 12/09/2024 2024-003595 Document to Review/ Date Due Challenge filed by/Motor Carrier: Challenge Type: Inspection TXV241586909 / 12/17/2024 North American Transportation Inspection - Incorrect Violation Consultant Quality Carriers Inc PART B - Investigation Date Received: Date Assigned for Date Returned to MCB Investigation: 12/10/24 12/10/24 1/11/25 Investigator(s) Assigned: Senior Corporal Shannon Mauney Based on the findings and conclusions noted below: • No Corrective Action Required - report should stand as is: (Detailed explanation required.) I have read the interpretation 16-0157 that you have provided. There is no explanation that it being in its own box meets the requirements of 172.604. Looking at the shipping paper that was provided for question in the interpretation, the information sticks out because it is smaller print than everything else around it. Due to this fact I believe the violation should stand. • Process the following changes: (Detailed explanation required.) Investigating Trooper/Officer Shannon Mauney Sham Man 01/10/25 Senior Corporal Printed Name and Signature Required Date Rank/Title MCS-36 Data Q Investigation Response Form (Rev 03-11-09) Data Q Number - 4909774 <<>> Approval by Supervisor (Must be a Sergeant/Field Supervisor or above) Chad Foster 1/11/25 Sergeant Printed Name and Signature Required Date Rank/Title MCS-36 Data Q Investigation Response Form (Rev 03-11-09) Data O Number - 4909774 <<>> TEXAS DEPARTMENT OF PUBLIC SAFETY 6200 GUADALUPE STREET / PO BOX 4087 AUSTIN, TX 78773-0522 FREEMAN F. MARTIN (512) 424-2051 COLONEL www.dps.texas.gov STEVEN P. MACH, CHAIRMAN WEEN COLONELS MOTOR CARRIER BUREAU NELDA L. BLAIR LARRY B. LONG DAN HORD III STEVEN H. STODGHILL December 10, 2024 Michael Colaner North American Transportation Consultant MC: Quality Carriers Inc PO Box 1440 Hightstown NJ 08520 Mr./Ms. Colaner: The Texas Department of Public Safety Motor Carrier Bureau has received Data Q Challenge ID # 4909774 filed on the Commercial Vehicle Inspection TXV241586909. Any changes to the report must be made by the reporting Officer in conjunction with his/her Supervisor's approval. Your challenge has been forwarded to Lieutenant Mark Gumaer, who will initiate the appropriate investigation. You and the Motor Carrier Bureau will be notified of the investigation results. If you have any questions, he/she can be reached at the following address and telephone number: Lieutenant Mark Gumaer Texas Department of Public Safety Texas Highway Patrol Division 1404 Lubbock Business Park Blvd, Ste 100 Lubbock TX 79403 (806) 740-8931 If additional assistance is required, contact Filberto Martinez Monday - Friday 7:00 A.M. - 4:00 P.M. at (512) 424-2850. nicere Major Omar A. Villarreal Motor Carrier Bureau OV:ks cc: Lieutenant Mark Gumaer 8/5/2021 rev COURTESY - SERVICE - PROTECTION EQUAL OPPORTUNITY EMPLOYER <<>> Detailed view of ID# 4909774 Date Entered: 12/09/2024 Report Date: 11/03/2024 USDOT#: 76600 (SMS) Report State: TX Report Number: V241586909 Assigned Agency#: 512-424-2850/2050 Type: Inspection - Incorrect Violation Status: Closed - No Data Correction Made Assigned to: TX DPS Request Summary Requestor Profile Name: Michael Colaner Username: mcolaner User Role: Motor Carrier Service Provider Company/Agency Name: North American Transportation Consultalt USDOT#: Address: P.O.Box 1440 City/State/Zip: Hightstown, NJ 08520 Phone: 609-426-0555 Fax: 609-443-0004 Email Address: mcolaner5038@gmail.com Explanation of Request for Data Review Where did you view the data you want reviewed?: Inspection Report Supporting Document: 160157 copy.pdf Supporting Document: PD0043 Phillip Davis RSI TXV241586909 with BOL.pdf Status: Closed - No Data Correction Made | Federal Violation Code: 172.604(a) Federal Violation Description: Improper Emergency Response Why should the violation be reviewed?: Quality Carriers (QC) respectfully appeals the denial of our RDR to have the 172.604(a) violation removed for the following explanation. PHMSA recognizes, and has issued an interpretation identified as 16-0157 (attached) that the QC shipping papers abides by. Our denial was based on "This section requires it to be prominent and readily identifiable, and clearly visible manner to be easily and quickly found, such as highlighting, use of larger font. The manner you used is in the same type, and same color as everything else. It is not easily identifiable or stand out from other type in that section." PHMSA‘s Interpretation 16- 0157 recognizes that the Emergency Response Information required by 172.604(a)(3)(ii) suggests that the methods used for denial of our RDR are not required. The usage of "OR" allows motor carriers and/or shippers to place the Emergency Response Information anywhere on the shipping paper in its own box as is the case here. While QC understands the inspectors concern however, neither highlighting nor the use of larger font is required. We spoke with the PHMSA (202-366-4900) to verify that there is not a newer interpretation, there is not. PHMSA agreed that Emergency Response Information placed in its own box meets the requirements of 172.604(a)(3)(ii). Additionally, we contacted the CVSA COHMED Leadership who also agreed with our method. Detailed Information from Inspection Record Report State: TX Report Number: V241586909 Date: 11/03/2024 Event Time: 7:22 AM Reporting Oicer ID: 10856 City/Location: I-10 WB MM 52 Event County: EL PASO State: TX Carrier Information from Inspection Report Carrier Name: QUALITY CARRIERS USDOT#: 76600 (SMS) MC/MX#: Address (1): 1208 E KENNEDY BLVD SUITE 132 Address (2): City: TAMPA Country: US State: FL Zip: 33602 Driver Information from Inspection Record Driver Name: Phillip Davis <<>> Related Requests ID# Date Entered Status Type Last Updated Entered By Company Name 4859385 11/06/2024 02:53 PM Closed - No Data Correction Made Inspection - Incorrect Violation 11/14/2024 03:51 PM ***** QUALITY CARRIERS Response List Response Date: 02/06/2025 03:18 PM Entered By: Filberto Martinez Phone: 512-424-2051 Response To: 172.604(a) Status Changed to: Closed - No Data Correction Made Status Prior to Response: Open - Pending Agency Review Agency Name: TX DPS Response Description: 740-8992. Once contact is made allow suicient time for a response. To discuss the investigation results, contact Lieutenant Mark Gumaer, Texas Department of Public Safety, Texas Highway Patrol Division, at 806-740-8931 or his assistant 806- Response Date: 02/04/2025 07:09 PM Status Changed to: Open - Pending Agency Review Entered By: Michael Colaner Status Prior to Response: Closed - No Data Correction Made Phone: 609-426-0555 Agency Name: Motor Carrier Service Provider Response To: 172.604(a) Response Description: warranted. Quality Carriers has submitted this RDR twice, both times receiving an unjust denial. We are now submitting it for a third time, firmly seeking the relief we believe is We discussed this issue with the CVSA COHMED leadership while attending the 2025 conference last week. They concluded that the inspector and supervisor lack a fundamental understanding of this hazardous materials regulation (HMR) and concurred with Quality Carriers did not violate 172.604(a). Furthermore, I presented this matter to Texas DPS Sergeant Brad Gibson and other DPS members at the COHMED Region II meeting, where they unanimously airmed that there is no violation concerning the Emergency Response phone number. We request a second reevaluation of our request based on this consensus. Response Date: 01/13/2025 07:59 AM Entered By: Filberto Martinez Phone: 512-424-2051 Response To: 172.604(a) Supporting Document: Status Changed to: Closed - No Data Correction Made Status Prior to Response: Open - Pending Local Agency Comments Agency Name: TX DPS Quality Carriers DataQ 4909774 5A10 results.pdf Response Description: As a result of the investigation conducted, it has been concluded the inspection report will stand as issued. Investigation results attached as supporting documentation. Response Date: 01/11/2025 09:13 AM Entered By: Michael Colaner Phone: 609-426-0555 Response To: 172.604(a) Response Description: Status Changed to: Status Prior to Response: Open - Pending Local Agency Comments Agency Name: Motor Carrier Service Provider Quality Carriers respectfully requests an update to our appeal filed December 9th. The initial denial which we believe is in error was returned in only 3 days. Response Date: 12/11/2024 08:54 AM Entered By: Filberto Martinez Phone: 512-424-2051 Response To: 172.604(a) Supporting Document: Status Changed to: Open - Pending Local Agency Comments Status Prior to Response: Open - In Review Agency Name: TX DPS Quality Carriers DataQ 4909774 mc ltr.pdf Response Description: Your challenge has been forwarded for review. A letter explaining the process will be attached to this challenge as supporting documentation. MCPI 3595/2024 <<>> Documents List Supporting Documents Title Name Document Name Date Uploaded Size mc ltr Quality Carriers DataQ 4909774 mc ltr.pdf 12/11/2024 08:54 AM 0.31 MB Results Quality Carriers DataQ 4909774 5A10 results.pdf 01/13/2025 07:59 AM 0.42 MB Law Enforcement report PD0043 Phillip Davis RSI TXV241586909 with BOL.pdf Original Upload 12/09/2024 02:57 PM 1.69 MB PHMSA Interp 160157 copy.pdf Original Upload 12/09/2024 02:50 PM 0.14 MB SYSTEM MESSAGE: You have submitted your request. To help expedite the review process, submit all of the documentation you may have to support your request. You may upload or fax in documentation, or add a response with further details using the buttons above. The more information you provide now, the faster your request can be processed! When the assigned to agency has further questions or requests any documentation, it will respond above and an email copy will be sent to you. Once the request is closed and a correction is made to the record, you will see it on the next update of the respective system. For example, the Safety Measurement System (SMS) Website is updated monthly based on a snapshot of the data. To review crash and inspection records prior to the snapshot, visit the FMCSA Portal. The Pre- Employment Screening Program (PSP) report is updated monthly based on the same snapshot used on the SMS Website. For more details about the update schedule, visit the SMS Information Center at http s://ai.fmcsa.dot.gov/SMS/HelpCenter/Index.aspx#faq30897. ## Provenance - Official: Yes - Source: - Source ID: `phmsa` - SHA-256: `2b694876a664a64a5045ea68a2b5f61a65387550ed474945f6aca2e66617b670` - Retrieved: 2026-08-20T00:59:31.977Z - Exported: 2026-08-22T17:45:10.657Z - Document slug: `phmsa-interpretation-25-0016` ### Source metadata ```json { "materialSubtype": "interpretation", "interpretationArea": "hazardous_materials", "representation": "full_text_from_official_pdf", "companies": [ "Michael Colaner, LLC" ], "individuals": [ "Michael Colaner" ], "refIds": [ "25-0016" ], "catalogDates": [ "2025-06-03" ], "catalogParts": [ 172 ], "catalogRowCount": 1, "sourceRecordUrls": [ "https://www.phmsa.dot.gov/node/77766" ], "linkedAttachmentUrls": [], "unavailableResponseUrls": [], "duplicateRepresentationUrls": [], "citedSections": [ "172.604", "172.604(a)(3)", "172.202(c)", "172.201(a)(4)" ], "catalogPageUrls": [ "https://www.phmsa.dot.gov/regulations/title49/section/172604" ], "pdfUrls": [ "https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-06/250016.pdf" ], "representations": [ { "viewUrl": "https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-06/250016.pdf", "detailUrl": null, "detailHtmlPath": null, "pdfUrl": "https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-06/250016.pdf", "pdfArtifactPath": "data/sources/phmsa-interpretations/25-0016-d3c140631c.pdf", "pdfArtifactSha256": "654d21ff9e4c50370eacf8c5e1e8f1f759b85c90eeb45cecbb5c3c7b2de112ba", "extractedTextPath": "data/sources/phmsa-interpretations/25-0016-d3c140631c.v2.txt", "extractedTextSha256": "9e78b21d1a4dd52f35fd91d4aed53f2090061769831e6b4c064d3073530a6f5f", "pageCount": 22, "extractionVersion": 2 } ], "caveat": "Interpretations apply regulations to the facts presented and do not create independently enforceable requirements.", "jurisdiction": "US" } ```