USA Pool Management, Inc.

Decision paragraph 1Docket Order: PHMSA-2005-21889On June 23, 2005, the Office of Chief Counsel issued an Order to USA Pool Management, Inc. (Respondent), finding Respondent had committed the following violations of the Hazardous Materials Regulations (HMR), 49 C.F.R. Parts 171-180, and assessing a penalty in the amount of $4,125 for 3 violatons of the HMR. Violation No. 1 – Offering for transportation in commerce a hazardous material (hypochlorite solutions, 8, UN1791, PG III) in a quantity requiring placarding under the provisions of subpart F of 49 C.F.R. Part 172, when Respondent had not developed a security plan, in violation of 49 C.F.R. § 172.800(b). Violation No. 2 – Offering for transportation in commerce a hazardous material (hypochlorite solutions, 8, UN1791, PG III) when the accompanying shipping paper listed an emergency response telephone number which was not monitored at all times the hazardous material was in transportation, in violation of 49 C.F.R. §§ 171.2(a) and 172.604(a)(1). Violation No. 3 – Allowing an employee to perform functions subject to the HMR when Respondent had not provided the employee general awareness, function-specific, safety and security awareness hazardous materials training, in violation of 49 C.F.R. §§ 172.702(b) and 172.704(a).#

Decision paragraph 2Respondent’s appeal be dismissed as untimely filed.#