Docket Order: PHMSA-2009-0406

Respondent was assessed a civil penalty of $2,688 for four violations of the HMR when it: represented, certified, and marked a DOT special permit cylinder as having been successfully retested in accordance with the special permit and the HMR, when retesting was not performed (violation No. 1); and offered for transportation in commerce a hazardous material (Fire extinguishers, 2.2, UN 1044) accompanied by a shipping paper which failed to include the special permit number (violation No. 2); in an outer packaging that was not marked with the special permit number (violation No. 3); and  when it failed to provide a copy of the special permit to the air carrier (violation No. 4).  No penalty was assessed for violation No. 1 which was based on the same conduct for which FAA separately assessed and collected a civil penalty.