Docket Order: PHMSA-RSPA-2005-20509

The Chief Counsel found that Firematic Safety Equipment Co., Inc., committed three violations of the HMR: (1) by representing, marking and certifying DOT Specification and exemption cylinders as being tested in accordance with the HMR and therefore authorized for use as a hazardous materials packaging, when in fact, the cylinders were no longer authorized for use in transportation, or as a hazardous materials packaging, and should have been condemned; (2) by representing, marking and certifying DOT Specification and exemption cylinders as being tested in accordance with the HMR when the cylinders had not been so tested because Respondent failed to calibrate its test equipment at a pressure that was within 500 psi of the pressure of which it subsequently tested cylinders; and (3) by allowing one of its employees to perform hydrostatic testing of cylinders, and to also mark the cylinders with Respondent’s RIN, which are both functions subject to the HMR and thereby qualifies the employee as a “hazardous materials employee” when that hazardous materials employee had not received general awareness, function specific, or security training and testing. The Order assessed a civil penalty of $17,000.