On July 12, 2022, an Investigator from PHMSA's Office of Hazardous Materials Safety Field Operations ("OHMSFO") conducted a routine compliance inspection at Respondent's business pursuant to 49 U.S.C. § 5121 and 49 C.F.R. § 107.305. PHMSA's investigator reported two (2) alleged violations of the HMR.

Based on a preliminary assessment of the apparent nature, circumstances, extent, and gravity of the probable violation, as set forth in the inspector's report, on November 21, 2022, an attorney from PHMSA's Office of Chief Counsel issued a Notice of Probable Violation ("NOPV") alleging two (2) violations of the HMR and proposing a $21,600 civil penalty.

Respondent has provided documentation showing that it has fully corrected the violations described in the Notice. Based on Respondent's corrective action documentation, and in the interest of settlement, I am proposing a reduction of 25% from the penalty proposed in the notice. Respondent has provided a statement that it would be unable to pay the full penalty amount and provided supporting financial documentation including its last three tax returns, an income statement, and a current balance sheet. In light of this information, there was a further 25% reduction. Together, these penalty reductions reduce the total penalty to $ 10,800, which represents a 50% reduction of the penalty proposed in the Notice.