Docket Order: PHMSA-RSPA-2004-19287

On October 1, 2004, the Office of the Chief Counsel issued an Order (Order) to 3N International, Inc. (Respondent), finding that Respondent had committed the following violation of the Hazardous Materials Regulations (HMR), 49 C.F.R. Parts 171-180, and assessing a penalty in the amount of $1,000: Allowing an employee to perform a function subject to the provisions of the HMR when Respondent did not provide the employee general awareness/farniliarization,function specific and safety training, in violation of 49 C.F.R. §§ 172.702(a) and 172.704(a). The Order, which is incorporated by reference, modified the $1,350 civil penalty originally proposed in the October 27, 2003 Notice of Probable Violation (NOPV). There is no basis to grant Respondent's appeal and withdraw the civil penalties assessed by the Office of the Chief Counsel. I find that a civil penalty of $1,000 is appropriate.