On February 21-22, 2024, Investigators 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 three (3) alleged violations of the HMR. At the conclusion of the investigation, 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 investigation, the investigator submitted a report to the Director of OHMSFO's Southwest 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 violation, as set forth in the inspector's report, on November 26, 2024, an attorney from PHMSA's Office of Chief Counsel issued a Notice of Probable Violation ("Notice" or "NOPV") alleging three (3) violations of the HMR and proposing a $22,270 civil penalty.

In consideration of Respondent's corrective actions for these violations as described and in the interest of settlement, penalty was further reduced by $3,340, which represents a 15% reduction of the penalty proposed in the Notice.

Respondent agrees to pay the sum of $18,930 as full satisfaction of the civil penalty proposed in the Notice in six (6) monthly payments of $3,155 each. Respondent must pay $3,155 within thirty (30) days of the date of the Compromise Order. Respondent must pay an additional $3,155 each thirty days after the first payment until the entire amount is paid.