On July 21, 2023, an Investigator from PHMSA's Office of Hazardous Materials Safety Field Operations ("OHMSFO") conducted a compliance inspection at a facility in Kansas City, Kansas, pursuant to 49 U.S.C. § 5121 and 49 C.F.R. § 107.305. PHMSA's investigator reported two alleged violations of the HMR. At the conclusion of the compliance inspection, PHMSA's Investigator conducted an "exit briefing" during which the investigator discussed the alleged violations and the required corrective actions with Respondent's representative. Upon completion of the compliance inspection, the investigator submitted a report to the Director of OHMSFO's Central Region, who reviewed the report for accuracy and sufficiency of evidence. Based on that review, the Regional Director referred the matter to PHMSA's Office of Chief Counsel thereby recommending the initiation of a civil penalty action against Respondent pursuant to 49 C.F .R. § 107 .311. Based on a preliminary assessment of the apparent nature, circumstances, extent, and gravity of the probable violations, as set forth in the inspector's report, on May 7, 2024, an attorney from PHMSA's Office of Chief Counsel issued a Notice of Probable Violation ("NOPV") alleging two violations of the HMR and proposing a $15,375 civil penalty.

Respondent has described the updated training and company-wide closure procedures it quickly implemented after the inspection. It also noted that it posted closure instructions on its website and added language to its standard service document directing customers to those instructions. For the purpose of compromise, I am reducing the total penalty by 10%. Respondent agrees to pay the sum of $13,838, as full satisfaction of the civil penalty proposed in the Notice, within thirty (30) days of the date the Chief Counsel issues the Compromise Order, which will issue after Respondent signs and returns this Agreement.