Compromise Order - 24-0078-SH-SO - YKK AP America
On April 23, 2024, an Investigator from PHMSA's Office of Hazardous Materials Safety Field Operations ("OHMSFO") conducted an inspection at Respondent's facility in Dublin, Georgia, pursuant to 49 U.S.C. § 5121 and 49 CFR § 107.305, following an incident that occurred on January 11, 2024, involving one of Respondent's hazardous materials shipments. PHMSA's Investigator reported three (3) 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 representatives.
Upon completion of the inspection, the Investigator submitted a report to the Director of OHMSFO's Southern Region, who reviewed the report for accuracy and sufficiency of evidence. Based on that review, the 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 CFR § 107.311.
Based on a preliminary assessment of the apparent nature, circumstances, extent, and gravity of the probable violations, as set forth in the Investigator's report, on May 16, 2025, an attorney from PHMSA's Office of Chief Counsel issued a Notice of Probable Violation ("Notice"), alleging three (3) violations of the HMR, and proposing a $10,725 civil penalty. Respondent accepted electronic service of process of the Notice on May 23, 2025.
Respondent provided full corrective action prior to the issuance of the Notice, and PHMSA's attorney reduced the Notice penalty by the maximum permitted at the time of issuance. Following the informal conference, PHMSA's attorney was able to offer a further 25% penalty reduction from the Notice, in the interest of settling the matter, for a new total penalty of $8,043.