Docket Order: PHMSA-2006-24213

The Chief Counsel assessed a total civil penalty of $17,075 for four violations of the HMR. (1) Respondent admitted it shipped a packing group II, hazard class 8 hazardous material in the non-UN specification pails. (2) The drums were not marked as having been retested, and Respondent admitted it did not retest the drums prior to using them to transport hazardous materials which was in violation of the HMR. (3) Respondent did not provide all carriers with shipping papers nor to customers who picked up their purchases. Notice of Probable Violation, Violation 1: 49 C.F.R. §§ 171.2(a), 173,22(a)(2), 173.213(c). Notice of Probable Violation, Violation 2: 49 C.F.R. §§ 17 1.2(a), 173.22(a)(2), 173.28(b)(2), and 173.203(c). Notice of Probable Violation, Violation 3: 49 C.F.R. §§ 171.2(a), (e); 173,22(a)(2), (a)(4); and 173.203(c). Notice of Probable Violation, Violation 4: 49 C.F.R. §§ 171.2(a); 172.200(a); 172.202(a)(1), (a)(5), (c); 172.203(b), 172.204(d)(1), 172.301(a), 172.3 12(a)(2), 172.400(a), and 172.604(a)(1). Notice of Probable Violation, Violation 5: 49 C.F.R. §§ 171.2(a), 172.702(b), and 172.704(a), (d).