On October 11, 13, and 20, 2022, PHMSA' s Investigator conducted an inspection at Respondent's Newark, Delaware facility, pursuant to 49 U.S.C. § 5121 and 49 C.F.R. § 107.305. 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 June 2, 2023, an attorney from PHMSA's Office of Chief Counsel issued a Notice of Probable Violation (Notice) alleging one (1) violation of the HMR and proposing a $8,400 civil penalty.

In response to the compliance inspection and exit briefing, Respondent submitted corrective actions detailed in its June 22, 2023 and August 2, 2023 letters. Respondent performed root cause analysis, additional testing, removed the UN certification marking from subsequent packaging, withdrew unfilled packagings, and proposed additional testing and verification for any packagings that may be returned to use as UN-certified. Based on these actions, PHMSA will assess a civil penalty of $6,720 which is an approximately 20% reduction in penalty from the Notice.