On December 16, 2003, the Office of Chief Counsel initiated this proceeding against Swift Chemical Company, Inc. (Respondent) with the Notice of Probable Violation (NOPV), sent by certified mail. The NOPV detailed four violations of the HMR, by respondent and assessed a civil penalty of $11,405.00 is warranted. Respondent's appeal is denied and the Default Order is affirmed but modified in part, and Respondents is assessed the remaining civil penalty of $10,230. HMR request the petitioning party on appeal to include all pertinentint information and argumenment that Respondent did not provide any documentation or evidence to support claims it is currently suffering financial difficulty, internal technology and datamanagement difficulties, nor has it provided any evidence to substantiate claims it has been training other local businesses on HMR compliance. Respondent did not respond to HMR violations nor did it contact PHMSA for a formal or informal hearing Respondent waived rights for PHMSA to contest it's findings.