23-0049-SH-SW
23-0049-SH-SW
Decision paragraph 1On March 23, 2023, PHMSA's Investigator conducted an inspection at Respondent's facility.#
Decision paragraph 2PHMSA' s investigator reported alleged violations of the HMR and provided the exit briefing to Mr. Justin Pirtle, Fleet Manager. B.#
Decision paragraph 3Upon completion of the compliance inspection, the inspector submitted a report to the Region Director of OHMSFO's Eastern Region, who reviewed the report for accuracy and sufficiency of evidence.#
Decision paragraph 4Based on that review, the Region 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 C.F .R. § 107.311.C.#
Decision paragraph 5Based on a preliminary assessment of the apparent nature, circumstances, extent, and gravity of the probable violation, as set forth in the inspector's report, an attorney from PHMSA's Office of Chief Counsel issued a Notice of Probable Violation (Notice) on September 7, 2023, alleging one (1) violation of the HMR and proposing a $6,250 civil penalty.#
Decision paragraph 6Respondent provided evidence of training provided to its hazardous materials employees.#
Decision paragraph 7Based on this, PHMSA will assess a civil penalty of $5,000 which is an approximately 20% reduction in penalty from the Notice.#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.