Final Order - 24-0148-SH-SW - Lufkin Don-Nan Pump and Supply Co., Inc.
On November 26, 2024, the Office of Chief Counsel issued a Notice of Probable Violation (Notice) to Respondent proposing a $5,775 civil penalty for two (2) violations of the HMR. On December 20, 2024, Respondent submitted a payment in the amount of $5,775. By paying the full amount of the civil penalty proposed in the Notice, Respondent admitted the violations as alleged in the Notice (49 CFR § 107.315).
Therefore, I find Respondent committed the violations as set forth in the Notice. These violations shall constitute as prior violations under 49 U.S.C. § 5123 in the event Respondent commits any future violation of the Federal hazardous materials transportation law, 49 U.S.C. § 5101 et seq., or the HMR.
By paying the proposed civil penalty, Respondent waived all rights to further respond to the Notice and to appeal this Order. Accordingly, PHMSA accepts December 20, 2024 payment in full satisfaction of the civil penalty proposed in the Notice, and PHMSA shall close this case with prejudice.