Compromise Order -24-0094-SH-WE - Transtar Auto Body Technologies
On October 31, 2023, Investigators from PHMSA's Office of Hazardous Materials Safety Field Operations ("OHMSFO") conducted inspections at Respondent's facility in Rancho Cucamonga, California, pursuant to 49 U.S.C. § 5121 and 49 CFR § 107.305. PHMSA's Investigators reported one (1) alleged violation of the HMR. At the conclusion of the compliance inspections, PHMSA's Investigators conducted an "exit briefing," during which the Investigators discussed the alleged violation and the required corrective actions with Respondent's representatives. Upon completion of the inspections, the Investigators submitted a report to the Director of OHMSFO's Western 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 reports, on August 19, 2024, 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 $2,700 civil penalty. Respondent replied via email on August 20, 2024.
Respondent provided full corrective action evidence in correspondence with PHMSA's attorney, who then offered a 25% penalty reduction from the Notice penalty amount, from $2,700 to $2,025, which Respondent accepted. Respondent agrees to pay a total civil penalty of $2,025 as full satisfaction of the civil penalty proposed in the Notice within thirty (30) days from the date the Chief Counsel issues the Compromise Order, which will issue after Respondent signs and returns this Agreement.