{"operation":"document","citation":"25-0016","title":"Michael Colaner, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-06-03","effective_on":null,"summary":"25-0016 response to Michael Colaner, LLC concerning 172.604.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0016.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0016.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0016","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-06/250016.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJune 3, 2025\nMichael Colaner\nConsultant\nMichael Colaner, LLC\nBehalf of Quality Carriers, Inc.\n10 Timber Wolf Drive\nHamilton, NJ 08620\nReference No. 25-0016\nDear Mr. Colaner:\nThis letter is in response to your February 9, 2025 email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the display of the\nemergency response telephone number on shipping papers. You explain that Quality Carriers,\nInc.—the company you represent—has a bill of lading (i.e., a shipping paper) where the\nemergency response telephone number is displayed in a separate box. You note that the\nemergency response telephone number in a separate box is not highlighted; and the font size and\ncolor are the same as other information provided on the shipping paper. Does this method of\nplacing the emergency contact telephone number in a separate box without highlighting, larger\nfont, or font of a different color satisfy § 172.604(a)(3)? In addition, you reference a previously\npublished letter of interpretation (Reference No. 16-0157) which states that “[s]ection\n172.604(a)(3)(ii) requires the emergency contact telephone number to be entered once on the\nshipping paper in a manner that sets it apart for quick and easy recognition.” In this regard, is the\nresponse in Reference No. 16-0157 still valid?\nYes, using the method of placing the emergency contact telephone number in a separate box is\nconsistent with § 172.604(a)(3) and letter Reference No. 16-0157 remains valid. According to\n§ 172.604(a), a person who offers a hazardous material for transportation must provide a numeric\nemergency telephone number for use in an emergency involving hazardous materials. Section\n172.604(a)(3)(ii) specifies how the emergency response telephone number must be displayed on a\nshipping paper. Specifically, the number must be entered once on a shipping paper in a\nprominent, readily identifiable, and clearly visible manner that allows the information to be\neasily and quickly found—such as by highlighting, etc.—or in a manner that otherwise sets the\ninformation apart from other information provided on a shipping paper for quick and easy\nrecognition. Based on the shipping paper you provided, the placement of the emergency response\n\n<<>>\n\ntelephone number under the driver’s signature is consistent with requirements in\n§ 172.604(a)(3)(ii).\nPlease note that highlighting, using a larger font, or employing a different font color from the\nsurrounding text are alternative methods for making the emergency response telephone number\n“easily and quickly found” on a shipping paper but are not required methods for achieving the\nperformance standard.\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<<>>\n\nCardez\n25-0016\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: PHMSA Letter of Interpretation request in ref to 49 CFR 172.604(a)(3)(ii)\nDate: Monday, February 10, 2025 12:26:44 PM\nAttachments: dataqs_details_4909774_202502091635.pdf\nQuality Carriers DataQ 4909774 mc ltr.pdf\nQuality Carriers DataQ 4909774 5A10 results.pdf\nPD0043 Phillip Davis RSI TXV241586909 with BOL.pdf\n160157 copy.pdf\nQC TXDPS.pdf\nHello Alice,\nPlease see the below interpretation request and attached documents.\nHis phone number is (848) 448-1571.\nLet us know if you need anything.\nSincerely,\nJanaye\nFrom: Michael Colaner \nSent: Sunday, February 9, 2025 4:42 PM\nTo: PHMSA HM InfoCenter \nCc: Frederick Marsicano ; Joe Delgado\n; Carol Creamer ; Ami Kelley\n\nSubject: PHMSA Letter of Interpretation request in ref to 49 CFR 172.604(a)(3)(ii)\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.\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nFebruary 9, 2025\nDirector Kelley,\nI am Michael Colaner, a Transportation and Hazardous Material consultant representing Quality\nCarriers Inc. I am writing to formally request a PHMSA Letter of Interpretation regarding whether the\ndisplay of the Emergency Response Phone Number on a Shipping Paper in a separate box without\nthe aid of highlighting, use of a larger font, or a font that is a different color from other text and\n\n<<>>\n\ninformation, meets and satisfies the requirements setting the information apart to provide for quick\nand easy recognition as outlined in 49 CFR 172.604(a)(3)(ii).\nRecently, this became a point of contention when Quality Carriers were subjected to a roadside\ninspection by a Texas Department of Public Safety (DPS) Inspector. The Inspector cited QC for\nallegedly violating 49 CFR 172.604. The Inspector noted in his report that the information \"does not\nstand out from other types.\" This assertion raises significant concerns from both a compliance and\nan interpretative perspective.\nThe Data-Q and subsequent appeals we filed with the Texas DPS referenced PHMSA Letter of\nInterpretation #16-0157, particularly question #4. It stated, \"Section 172.604(a)(3)(ii) requires that\nthe emergency contact telephone number be entered once on the shipping paper in a manner that\nsets the information apart to provide for quick and easy recognition.\" The separate box method we\nemployed aligns with this interpretation, emphasizing compliance.\nHowever, the DPS Inspector disputed this reasoning and gave this explanation. \"This section requires\nit to be prominent and readily identifiable, and clearly visible manner to be easily and quickly found\nsuch as highlighting, use of larger font, or a different color font. The manner you used is in the same\ntype, and same color as everything else. It is not easily identifiable or stand out from other type in\nthat section.\"\nThe Texas DPS Inspector's interpretation of this Hazardous Material Regulation (HMR) introduces\nunnecessary subjectivity, diverges from the established Commercial Vehicle Safety Alliance (CVSA)\nGeneral Hazardous Materials course guidelines, and does not consider the display of the Emergency\nResponse Number in a separate box.\nThe Hazardous Material Regulations allow the shippers to determine how to present the Emergency\nResponse Phone Number. The permissive term \"OR\" within the regulation underscores this\nflexibility. The HMRs do not bestow this authority upon the Inspector to dictate their preferred\nmethod of presentation.\nDisplaying the Emergency Response Phone Number in a separate box clearly supports the\nregulation's intent. It does not create confusion and enhances the clarity and effectiveness of the\ninformation provided.\nThank you for your attention to this essential matter.\nSincerely,\nMichael Colaner\nMichael Colaner LLC\n10 Timber Wolf Drive\nHamilton, NJ 08620\nMColaner5038@gmail.com\nOn behalf of\n\n<<>>\n\nQuality Carriers Inc.\n1208 E Kennedy BLVD Suite 132\nTampa, FL 33602\nSupporting Documents\n\n<<>>\n\nThis section requires it to be prominent and readily identifiable, and clearly visible manner to be easily and quickly found, such as highlighting, use\nof 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\nX No Corrective Action Required - report should stand as is: (Detailed explanation required.)\n• Process the following changes: (Detailed explanation required.)\nstand out from other type in that section.\n\n<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJAN 1 2 2016\nMr. W. A. Winters\nPresident\nRegulatory Resources Inc.\n379 Aragon Avenue\nLos Alamos, NM 87544\nReference No. 16-0157\nDear Mr. Winters:\nThis letter is in response to your September 23, 2016, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers.\nSpecifically, you ask questions pertaining to the placement of certain entries as they relate to an\nexample shipping paper you included in your letter. We have paraphrased and answered your\nquestions as follows:\nQI. Section 172.202(c) requires the total quantity of hazardous material covered by\none description to appear before or after, or both before and after, the description\nrequired and authorized by Subpart C of Part 172. What other information, if any,\nis authorized to be placed before the required description?\nAl. As prescribed in§§ 172.201(a)(4) and 172.202(c), certain information may be placed\nbefore the basic description, such as quantity shipped, the type of packaging, and\ndestination marks. Otherwise, additional information must be entered on the shipping\npaper after the basic description prescribed in§ 172.202(a).\nQ2. In the same scenario as Q 1, how much \"after\" the required description can the\ntotal quantity of material be indicated for a shipping paper to be considered\nacceptable? Does our example shipping paper meet that standard?\nA2. There are no boundaries-written or otherwise-with regard to what is considered an\nacceptable \"after\" location for the quantity of material covered by a description so long as\nit is not considered excessive. To that end, the location depicted in the example shipping\npaper you provided is acceptable.\nQ3. Does the type of package indicated in our example shipping paper meet the requirements\nof§ 172.202(a)(7)?\n\n<<>>\n\nA3. Q4. A4. The answer is no. The number and type of packages must be indicated on a\nshipping paper either before or after the required basic description. See\n§ § 172.202( a)(7) and 172.202( c ). The type of packages must be indicated as a\ndescription of the package (i.e., \"12 drums\"). The example shipping paper\nprovided with your letter does not meet that standard because the \"RIDGED OR\nSHARPS US DOT TRANSPORT CONTAINER\" field does not sufficiently\ndescribe a commonly recognizable package type.\nDoes the emergency contact telephone number depicted in our example shipping paper\nmeet the requirements of§ 172.604(a)(3)(ii)?\nThe answer is yes. Section 172.604(a)(3)(ii) requires that the emergency contact\ntelephone number be entered once on the shipping paper in a manner that sets the\ninformation apart to provide for quick and easy recognition. The example location and\nmethod depicted in the shipping paper you provided meets this requirement.\n!hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely, .\n~~~. ~~~~ . --\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nGoodall, Shante CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nl lJ -0 l 1\nINFOCNTR (PHMSA)\nFriday, September 23, 2016 6:04 PM\nHazmat Interps\nFW: Request for Clarification\nNew Interp Request.pdf\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. Please let me know if you have any questions.\nThanks,\nAttached is a request for clarification regarding the Hazardous Materials Regulations. Please contact me if you have any\nquestions.\nThank you,\nWade Winters\n505-393-0111\n1\n\n<<>>\n\nRegulatory Resources Inc\n\"The Source You Come Back To \"\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-I 0\nU.S. Department of Transportation\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nDear Standards and Rulemaking Division,\nRR! is a training and consulting company. We often will use bad examples as a training tool in\ncompliance. Discussions have ensued with regard to the example shipping description/paper provided.\nRR! is seeking PHMSA's opinion on the questions below.\nThe requirement for the quantity to be identified for a description of hazardous material on a shipping\npaper is located in 172.202( c ). This information may be entered before or after (or both) the required\ndescription. Paragraph 172.201(a)(4) stipulates that any additional information may be included but must\nbe placed after the required description. My questions are:\n(I) Given I 72.201(a)( 4), would the quantity location before the required hazardous material\ndescription be better stated as \"immediately before\"? In other words, is any other information,\nother than specified in 172.201 , allowed to be placed before the required description?\n(2) Are there any unwritten boundaries on what is acceptable with regard to the \"after\" location of the\nquantity of material covered by a description? For example, given the hazardous materials\nshipping paper shown below, would the location of the quantity be acceptable?\nOn other subjects, with regard to the shipping paper example provided:\n(3) Is the type of package indicated in the example shipping paper sufficient to meet the requirement\nof 172.202(a)(7)?\n( 4) Does the means by which the emergency contact telephone number is displayed meet the intent of\n172.604(a)(3)(ii)?\nPlease contact me if you have any questions. Our office number is 505-393-0111. Thank you,\nll'ki~\nW. A. Winters President\n379 Aragon Avenue\nLos Alamos, NM 87544\nvoice: 505-393-0111\nhazmat@regulatoryresources.net\nwww.regulatoryresources.net\nWAW/lom\n\n<<>>\n\n~ Regulatory Resources, Inc.\n---a 379 Aragon Avenue\nLos Alamos, NM 87544\n505-393-0111\nhazmat@regu la to ryresou rces.net\nwww.regulatoryresources.net\nStorage Facility/Station:\n555 Anystreet - Anywhere, AW 98765\nUN3291\nREGULATED MEDICAL WASTE, n.o.s.\nCLASS6.2\nPG.II\nRRI RMWlnc.\nPO Box 1234\nAnywhere, AW 98765\n555-555-1212 - Fax 555-555-1234\nMANIFEST NO:\nRRI NO.:. 070861\nBIOHAZARDOUS REGULATED MEDICAL (SPECIAL} WASTE MANIFEST I TRACKING DOCUMENT\nIn case of emergency, please catl:555-555-5666 (24-hrRRJ RM\\N. Inc.emergency response telephone number)\ng:: CUSTOMER I GENERATOR I ORIGIN WASTE TYPE TELEPHONE NUMBER\nr.i RMW Generator Inc. 555-555-3434\n8 ll-A-D-D~RE_S_S~~~~~~~~~~~~~~~~~~~~~~~~~~~~~'--~~~~~~~~~~~--1\n!;; 123 Medical Street, Medical, AW 98567\n~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\nJctRr'.flEDTOTAl.Wl.OfCONTAJNE~\n~ Regulated Medical Waste 6 I 215.5 lbs\nfo-~ 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\nbiolnu'\"'·.,.-a-«1o-:--us-n-1edfcaJ-,,_~--f\n!'\"\n---D-AT_E ___ _\nNAME' Or COMP/\\NV RFPAESENTATIVE fflrmli SrGNATIJAE Of ~EPAFSENJA1Wt:.\nGENERATOR\n\n<<>>\n\n11/6/24, 9:42 AM 75234151606__1604E275-35F3-47A0-9DAF-05555E94B0CA.jpg\nhttps://mail.google.com/mail/u/0/#inbox/QgrcJHsHpqWLkCXmFvhPBFHfzcQJzLpSHtv?projector=1 1/1\n\n<<>>\n\nthe property descred bebee\nBill of Lading - Short Form. - Not Negotiable\n** FINAL BOL\nCYTEC INDUSTRIES INC.\nNes said care\nE on the roots ofervant to delve to and enter erretaten i protein if the preparty under the contact, agrees to carry to\nod Broughout ta contact an mean\nscapt an nated (centests and candlion of contents of packages unknown), maried consigned, and destined an indicated balon\n504 CARNEGIE CENTER,\ndestraties, and as to sach party af any fire interested in al or any of said property, that eary service to be parformed hereunde\ncartir on the route to said destination.\nIt is mutualy agreed as to sach carrier of al or any\nPRINCETON,NJ,08540\n* 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\ni or bull & tha it a motor carrier shipment.\nUS\nof the said bit of lading, including thore on the back thered, set forth in the classification of tarif which\nCYTEC INDUSTRIES INC.\nSHIP FROM\neditons are heraby agreed to by the shipper and accepted for himnef and Ns assigns,\nCarrier: Include this Shipment # on Freights bills\n7910 MT JOY ROAD\nMOUNT PLEASANT 38474\nShipment/BOL No: 1101254751\nIN US\nPage1/1\n7008 / Quality\nSHIP TO\nCYTEC INDUSTRIES INC.\nCarriers Safford\nCarrier Name: QUALITY CARRIERS INC\nSAFFORD AZ 85546 US\n962 E US HWY 70\nCar or Vehicle: M4195\nDelivery time:\nSeal Number:\nDelivering Carrier / Route:\n005429-005446\nCustomer Order Information\nShipping\nDate:\nDelivery\n11.01.2024 11.06.2024\nDate:\nCust. Purchase Order#:\nCarrier\nCustomer\nIf changes are to be prepaid wrte\nQLYC\n2092177\nor stamp here. \"To Be Prepaid.\"\nPrepaid\nUnits\nHM\nDescription of Materials, Special Marks and Exceptions\nWeight\nPREPAID SHIPMENTS\nONLY\nDelivery No:\n281085955\nOrder: 4505077125\nINSTRUCTIONS\nINVOICING\n1 T/T\n#2579.999 LB\nFOR PAYMENT\ndistiliates) , NONE\nCOMBUSTIBLE\nTHIQUID, N.O.S. (Petroleum\nMarine Pollutant (Salicylaldoxime derivative)\nCYTEC INDUSTRIES\nERG GUIDE No. 128\n(US)\n0/Y Material reference.: 163061/\nC/O CASS INFOR\nRERBERT M5490 SOLVENT EXTRACTION\nPo box : 67\nBatch MP24GK885\n19,314. 161 KG\nSAINT LOUIS\nMO 63166-0067\nUS\nCondtions of applicable bit of lading.\nSubject to Section 7 of\nIf the shipment is to be delivered to\nthe consignor, the consignor chall\nthe consignee without recourse on\nsign the following statement.\ndelivery of the shipment without\nThe carter shall not make\nlawful charges!\npayment of freight and all other\nCYTEC INDUSTRIES INC.\n(Signature of consignor)\nC.O.D. Amt\n1\nTOTAL UNITS SHIPPED: PALLETS O\nLOOSE\nTOTAL WEIGHT\n42579.999 LB\nCollection Fee.\n/ YE\nERG is in cab of Tractor# 24/50\nDriver's i\nTotal Charges\nROPER PLACARDS IN PLACE\n] NOT REQUIRED\nADS For Haz Mat Received by driver\nreceived by driver.\nSignature:\nAlle emo\nFREIGHT CHARGE\nDate:\n9300 within the\nLEAK,\na Canad\nEXPOSURE OR ACCIDENY\nCONTACT,\nfor international\nCHEMTREC (24-Hour\ncalls.\ncollect\n*if the shipment moves between two ports by a carrier by water, the law requires that the bill of\nwing shall state whether it is \"carrier's or shiper's weight.\"\nthe agreed or decared value of the property.\ne is dependent on value, shippers are required to state specifically in writing\nereby speofically stated by the shipper to be not exceeding\nThe agreed or dedared value of the property is\nThis is to certity that the above named materials are properly classitied, described peckaged, marked and\nDepartment of Transportation.\nisbeled, and are in the proper condition for transportation, according to the applicable regulations of the\nper\nShipper Signature/Date\nCarrier/Pickup Date\n4/1/24\nC 1111 24\n\n<<>>\n\nQC\nQuality Carriers\nRoadside/Citation Checklist (Form SAF-906-003b)\nDriver ID: PD0043\nTerminal #\n174\nDriver Name:\nFilip Davis\nInspection / Citation# TX V2415 86909\nDate of Inspection!\n1/03/24\nState:\nTexas\nTractor #\n024150\nTrailer or Chassis #\nFoR M4195\nPlease follow the instructions for completing and submitting all Roadside Inspections (RSI) and'\ncitations to the Safety Department.\nIf you feel a violation should be submitted for Data-Q. please DO NOT sign the RSI. Send it in immediately with\nan explanation.\nRoadside Inspection packets must be sent to: RSIDOCS@QUALITYCARRIERS.COM\nRoadside Inspections: Check each box below for completion:\nHazmat Equipment Violation:\n• Yes\n*No\nHazmat Non-Equipment Violation:\n& Yes\n° No\n•\nRoadside Inspection document with associated pictures of defect (if possible)\nRSI Proof of Correction/Self Repairs Form (Form 2.49a) and/or repair order\nDVIR for Date of RSI (Required only for Mechanical or Maintenance Violations)\n* Log for Date of RSI (Must be On Duty and Certified)\n, Corrective Action or Breach of Contract Attached\nthe RSI report, verifying all measures have been taken to correct the violation(s)\nUnless otherwise noted on the document. a representative with the terminal must sign\nCitations: Answer each of the following questions by selecting YES or NO\n• Front and back copies of the citation included:\nYES NO\n• Citation amount: $\nLate fees (if applicable): $\n*Only one should be answered YES below\n• Safety to process & Chargeback Driver for the citation:\nYES NO\n(Chargeback is Not Applicable to Company or Affiliate Drivers)\n• Safety to process & Charge Terminal:\nYES NO\n• Hold processing - Driver fighting the citation:\nYES NO\n• Terminal processing & paying citation (MUST provide proof of payment):\nYES N\n• Driver is paying for their own citation (MUST provide proof of payment):\nYES NO\nhis/her settlement.\nDriver must sign below acknowledging he/she is aware the citation will be deducted from\n(Terminal Rep) have talked with our driver\n(Driver Signature) and he/she understands that this citation (and credit card service fee, if\napplicable) will be deducted from his/her settlement.\nNOTE: Delay in communicating how a citation is to be paid that results in late fees and/or\nsuspension from the state, will be the terminal's responsibility.\nDate Created: 6/6/2013\nRoadside/Citation Checklist (Form SAF-906-003b)\nRevision Date: 8/17/23\n\n<<>>\n\nCorrective Action\nDate:\n11/05/2024\nEmployee's Name: Philip Davis\nSupervisor's/ Manager's Name: Paul Sanders\nType of action: • Coaching Event\nX Verbal Warning • Written Warning\n• Final Written Warning\nViolation of Company policies and rules may warrant corrective action. The Company has established a\nsystem of corrective action that may include verbal warning and written warnings. The system is not\nformal and the Company may, in its sole discretion, utilize whatever form of corrective action deeme\nappropriate under the circumstances, up to and including termination of employment\nIssue:\n• Attendance • Behavior\nX Safety violation\nX Policy and/or procedure violation\n• Job performance • Other:\nExplanation of Issue: Driver Philip Davis was given a roadside citation for 3 violations of which include\nInoperable/obscured side marker lamp, expired US DOT hazardous material Registration, No/Improper\nEmergency response number for HM. Driver stated that the lights are functioning properly and even sent\na video to the driver manager of them working in different functions as well as the placement of the side\nmarker lights. Driver during pre-trip inspection upon the start of the trip didn't review the permit book for\nexpired permits or forms leading to the driver receiving a current citation for permit invalid and driver\nforgot that he can pull this document from isaac shared documents.\nCorrective Action Required: Driver has been coached to remind him of having the ability to pull the\ndocuments via Issac, but driver other violations we believe to be inaccurate as these items are functional\nand clearly provided such as the Emergency Number that is attached to the BOL for the load driver was\ncarrying at the time of inspection. Driver has been assigned training Being Prepared for Roadside\nInspections via Luma to remind the driver that areas of pre-trip inspection also include the documentation\nsuch as permit book and BOL for load.\nConsequences: This is a Verbal warning. Future conduct similar to that described above may result in\nfurther corrective action, up to and DOT remedial training of Being Prepared for Roadside Inspections.\nMy manager has discussed the above with me. I understand the contents and acknowledge and\nunderstand the corrective action required. I also acknowledge and understand the potential\nconsequences of non-compliance.\nEmployee:\nDate:\nSupervisor:\nDate:\n\n<<>>\n\nDaily Logbook\n*Date\n11/3/2024\nCydle\nUSA Property 70h/8d\nOperator\nPhillip Davis(150150975)\nTime Zone\n(UTC-05:00) Central Standard Time (DST)\nCarrier Name\nQuality Carriers, Inc. (03:12)\n1208 E Kennedy Blvd Suite 132, Tampa, FL, United States, 33602. (800-282-2031)\nTerminal Address\n1029 Channel Ave, MEMPHIS, TN, United States, 38113. (1-800-282-2031)\nShipping Documents\nOrder 174018177\nTrailers 702318(T500228 (IL)), M4195(2446451 (ME)), M4195(2346451 (ME))\nVehicle\nOdometer (mi)\nDistance (mi)\nStart\nEnd\nToday\n924150 (P1223057 (IL))\n109158\n109825\n667\nAM\n12\n1\n1\n2\n3\nAM\n3 9 10 11\n12\nOff Duty\n08:41:32\nSleeper\n04:12:38\nDriving\nLualn\nnhni hnnhahnbu\nuhnl\n10:48:10\nOn Duty\nhhhhn hnlonh\n01:17:40\nStart\n3:12:38 AM\nStatus\nDuration Distance Location\n00:07:17\nComment / Annotation\nOn Duty\nBig Spring, TX\n3:19:55 AM\n3:21:16 AM\nOn Duty\n00:01:21\nBig Spring, TX|\n3:28:44 AM\nDriving\n00:07:28\n0\nBig Spring, TX\nOff Duty\n00:12:14\n3:40:58 AM\nDriving\n04:43:31\n315\nBig Spring, TX\nBig Spring, TX\n8:24:29 AM\n9:38:05 AM\nOff Duty\n01:13:36\nFabens, TX\nOn Duty\n00:25:26\nFabens, TX\n10:03:31 AM Driving\n04:29:27\n271\nFabens, TX\n2:32:58 PM\nOn Duty\n00:12:11\nThatcher, AZ\n2:45:09 PM\nOn Duty\n00:14:36\n0\nThatcher, AZ\n2:59:45 PM\nOn Duty\n00:16:49\nThatcher, AZ\n3:16:34 PM\nDriving\n01:25:51\n79\nThatcher, AZ\n4:42:25 PM\n4:54:42 PM\nOff Duty\n00:12:17\nLordsburg, NM\nDriving\n00:01:53\nLordsburg, NM\n4:56:35 PM\nOff Duty\n07:03:25\nLordsburg, NM\n......_...\ndaInInnAA dA.dA.nA\n....\nSignature: Digitally signed by Phillip Davis(150150975)\n\n<<>>\n\nA\nSAFETY\nTexas Department of Public Safety\nDATE SANE PROTES\nMotor Carrier Bureau\nDATA Q INVESTIGATION RESPONSE FORM\nInstructions:\nComplete ALL fields below in Part B only.\nForm must be signed by both Investigating Trooper/Officer & approving Supervisor.\n(512) 424-5262.\nReturn scanned form to MotorCarrierBureau@dps.texas.gov, or send form by facsimile to:\nPART A - MOTOR CARRIER BUREAU\nData Q Number:\nData Q\nMCB Tracking Number:\nRequest Date:\n4909774\n12/09/2024\n2024-003595\nDocument to Review/\nDate Due\nChallenge filed by/Motor Carrier:\nChallenge Type:\nInspection TXV241586909 /\n12/17/2024\nNorth American Transportation\nInspection - Incorrect Violation\nConsultant\nQuality Carriers Inc\nPART B - Investigation\nDate Received:\nDate Assigned for\nDate Returned to MCB\nInvestigation:\n12/10/24\n12/10/24\n1/11/25\nInvestigator(s) Assigned:\nSenior Corporal Shannon Mauney\nBased on the findings and conclusions noted below:\n• No Corrective Action Required - report should stand as is: (Detailed explanation required.) I have\nread the interpretation 16-0157 that you have provided. There is no explanation that it being in its own\nbox meets the requirements of 172.604. Looking at the shipping paper that was provided for question in\nthe interpretation, the information sticks out because it is smaller print than everything else around it. Due\nto this fact I believe the violation should stand.\n• Process the following changes: (Detailed explanation required.)\nInvestigating Trooper/Officer\nShannon Mauney\nSham Man\n01/10/25\nSenior Corporal\nPrinted Name and Signature Required\nDate\nRank/Title\nMCS-36 Data Q Investigation Response Form (Rev 03-11-09)\nData Q Number - 4909774\n\n<<>>\n\nApproval by Supervisor (Must be a Sergeant/Field Supervisor or above)\nChad Foster\n1/11/25\nSergeant\nPrinted Name and Signature Required\nDate\nRank/Title\nMCS-36 Data Q Investigation Response Form (Rev 03-11-09)\nData O Number - 4909774\n\n<<>>\n\nTEXAS DEPARTMENT OF PUBLIC SAFETY\n6200 GUADALUPE STREET / PO BOX 4087\nAUSTIN, TX 78773-0522\nFREEMAN F. MARTIN\n(512) 424-2051\nCOLONEL\nwww.dps.texas.gov\nSTEVEN P. MACH, CHAIRMAN\nWEEN COLONELS\nMOTOR CARRIER BUREAU\nNELDA L. BLAIR\nLARRY B. LONG\nDAN HORD III\nSTEVEN H. STODGHILL\nDecember 10, 2024\nMichael Colaner\nNorth American Transportation Consultant\nMC: Quality Carriers Inc\nPO Box 1440\nHightstown NJ 08520\nMr./Ms. Colaner:\nThe Texas Department of Public Safety Motor Carrier Bureau has received Data Q Challenge ID #\n4909774 filed on the Commercial Vehicle Inspection TXV241586909.\nAny changes to the report must be made by the reporting Officer in conjunction with his/her\nSupervisor's approval.\nYour challenge has been forwarded to Lieutenant Mark Gumaer, who will initiate the appropriate\ninvestigation. You and the Motor Carrier Bureau will be notified of the investigation results. If you\nhave any questions, he/she can be reached at the following address and telephone number:\nLieutenant Mark Gumaer\nTexas Department of Public Safety\nTexas Highway Patrol Division\n1404 Lubbock Business Park Blvd, Ste 100\nLubbock TX 79403\n(806) 740-8931\nIf additional assistance is required, contact Filberto Martinez Monday - Friday 7:00 A.M. - 4:00 P.M. at\n(512) 424-2850.\nnicere\nMajor Omar A. Villarreal\nMotor Carrier Bureau\nOV:ks\ncc: Lieutenant Mark Gumaer\n8/5/2021 rev\nCOURTESY - SERVICE - PROTECTION\nEQUAL OPPORTUNITY EMPLOYER\n\n<<>>\n\nDetailed view of ID# 4909774\nDate 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\nStatus: Closed - No Data Correction Made\nAssigned to: TX DPS\nRequest Summary\nRequestor Profile\nName: Michael Colaner\nUsername: mcolaner\nUser Role: Motor Carrier Service Provider\nCompany/Agency Name: North American Transportation Consultalt\nUSDOT#:\nAddress: P.O.Box 1440\nCity/State/Zip: Hightstown, NJ 08520\nPhone: 609-426-0555\nFax: 609-443-0004\nEmail Address: mcolaner5038@gmail.com\nExplanation of Request for Data Review\nWhere did you view the data you want reviewed?: Inspection Report\nSupporting Document: 160157 copy.pdf Supporting Document: PD0043 Phillip Davis RSI TXV241586909 with BOL.pdf\nStatus: Closed - No Data Correction Made | Federal Violation Code: 172.604(a)\nFederal Violation Description:\nImproper Emergency Response\nWhy should the violation be reviewed?:\nQuality 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\n(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\nhighlighting, 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-\n0157 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\nshippers 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\nof 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\nthe requirements of 172.604(a)(3)(ii). Additionally, we contacted the CVSA COHMED Leadership who also agreed with our method.\nDetailed Information from Inspection Record\nReport State: TX\nReport Number: V241586909\nDate: 11/03/2024\nEvent Time: 7:22 AM\nReporting Oicer ID: 10856\nCity/Location: I-10 WB MM 52\nEvent County: EL PASO\nState: TX\nCarrier Information from Inspection Report\nCarrier Name: QUALITY CARRIERS\nUSDOT#: 76600 (SMS)\nMC/MX#:\nAddress (1): 1208 E KENNEDY BLVD SUITE 132\nAddress (2):\nCity: TAMPA\nCountry: US\nState: FL\nZip: 33602\nDriver Information from Inspection Record\nDriver Name: Phillip Davis\n\n<<>>\n\nRelated Requests\nID# Date Entered Status Type Last Updated Entered By Company Name\n4859385 11/06/2024 02:53 PM Closed - No Data Correction Made Inspection - Incorrect Violation 11/14/2024 03:51 PM ***** QUALITY CARRIERS\nResponse List\nResponse Date: 02/06/2025 03:18 PM\nEntered By: Filberto Martinez\nPhone: 512-424-2051\nResponse To: 172.604(a)\nStatus Changed to: Closed - No Data Correction Made\nStatus Prior to Response: Open - Pending Agency Review\nAgency Name: TX DPS\nResponse Description: 740-8992. Once contact is made allow suicient time for a response.\nTo 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-\nResponse Date: 02/04/2025 07:09 PM\nStatus Changed to: Open - Pending Agency Review\nEntered By: Michael Colaner\nStatus Prior to Response: Closed - No Data Correction Made\nPhone: 609-426-0555\nAgency Name: Motor Carrier Service Provider\nResponse To: 172.604(a)\nResponse Description: warranted.\nQuality 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\nWe 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\nhazardous materials regulation (HMR) and concurred with Quality Carriers did not violate 172.604(a).\nFurthermore, 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\nconcerning the Emergency Response phone number. We request a second reevaluation of our request based on this consensus.\nResponse Date: 01/13/2025 07:59 AM\nEntered By: Filberto Martinez\nPhone: 512-424-2051\nResponse To: 172.604(a)\nSupporting Document: Status Changed to: Closed - No Data Correction Made\nStatus Prior to Response: Open - Pending Local Agency Comments\nAgency Name: TX DPS\nQuality Carriers DataQ 4909774 5A10 results.pdf\nResponse 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.\nResponse Date: 01/11/2025 09:13 AM\nEntered By: Michael Colaner\nPhone: 609-426-0555\nResponse To: 172.604(a)\nResponse Description: Status Changed to:\nStatus Prior to Response: Open - Pending Local Agency Comments\nAgency Name: Motor Carrier Service Provider\nQuality 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.\nResponse Date: 12/11/2024 08:54 AM\nEntered By: Filberto Martinez\nPhone: 512-424-2051\nResponse To: 172.604(a)\nSupporting Document: Status Changed to: Open - Pending Local Agency Comments\nStatus Prior to Response: Open - In Review\nAgency Name: TX DPS\nQuality Carriers DataQ 4909774 mc ltr.pdf\nResponse 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\n\n<<>>\n\nDocuments List\nSupporting Documents\nTitle Name Document Name Date Uploaded Size\nmc ltr Quality Carriers DataQ 4909774 mc ltr.pdf 12/11/2024 08:54 AM 0.31 MB\nResults Quality Carriers DataQ 4909774 5A10 results.pdf 01/13/2025 07:59 AM 0.42 MB\nLaw Enforcement report PD0043 Phillip Davis RSI TXV241586909 with BOL.pdf Original Upload 12/09/2024 02:57 PM 1.69 MB\nPHMSA Interp 160157 copy.pdf Original Upload 12/09/2024 02:50 PM 0.14 MB\nSYSTEM 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\nadd 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\nany 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.\nFor 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-\nEmployment 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\ns://ai.fmcsa.dot.gov/SMS/HelpCenter/Index.aspx#faq30897.","truncated":false,"body_characters":38949}