Marine Packing

Decision paragraph 1Docket Order: PHMSA-2005-22781On October 6, 2005, the Office of Chief Counsel issued an Order to Marine Packing Company, Inc., d/b/a ShipsideIMarine Packing Company (Respondent) finding the Respondent had knowingly offered an undeclared shipment of hazardous materials for transportation in commerce.#

Decision paragraph 2The Order assessed a civil penalty in the amount of $11,400 for offering a hazardous material -Environmentally hazardous substances, solid, n.o.s. (antimony trioxide) 9, UN3077, PG III - in unauthorized, non-UN standard packagings and accompanied by shipping papers which failed to meet the requirements of the Hazardous Materials Regulations (HMR).#

Decision paragraph 3In a letter received October 27, 2005, Respondent filed a timely appeal of the Order.#

Decision paragraph 4The safety hazard created by Respondent's failure to declare a shipment of a reportable quantity of antimony trioxide does not warrant the degree of financial hardship created by the civil penalty assessed by the Chief Counsel.#

Decision paragraph 5Therefore, Chief Counsel is reducing the civil penalty to $7,000 -a reduction of over fifty percent (50%) from the recommended baseline of $15,000. I must also consider Respondent's failure to demonstrate complete corrective action.#

Decision paragraph 6The $7,000 penalty should be sufficient to convey the severity of shipping hazardous materials undeclared without causing undue hardship to Respondent.#

Decision paragraph 7Respondent's appeal is granted.#