On March 29, 2023, an Investigator from PHMSA' s Office of Hazardous Materials Safety Field Operations ("OHMSFO") conducted an inspection at Respondent' s facilities in Hialeah, Florida, pursuant to 49 U. S . C. § 5 1 21 and 49 CFR §1 07. 305. PHMSA' s Investigator reported four (4) 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 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 reports, on June 2, 2023 , an attorney from PHMSA' s Office of Chief Counsel issued a Notice of Probable Violation ("Notice"), alleging four (4) violations of the HMR, and proposing a $21,125 civil penalty. Respondent replied via email on June 29, 2023.