On March 29, 2022, an Investigator 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 CFR § 107.305. PHMSA's Investigators reported one (1) alleged violation of the HMR. At the conclusion of the compliance inspection, PHMSA's Investigator conducted an "exit briefing," during which the Investigators discussed the alleged violation and the required corrective actions with Respondent's representative.

Upon completion of the compliance inspection, the Investigators 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 September 8, 2022, 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 $15,000 civil penalty, which included a $5,000 penalty reduction for corrective action. Respondent replied via email on September 27, 2022.