The Chief Counsel assessed a civil penalty in the amount of $1,200 for one violation of the HMR. Respondent knowingly violated the HMR by failing to review and/or adequately prepare shipping papers before accepting and offering the shipment for carriage by vessel. Accepting and offering in commerce for transportation by vessel, a mixed load of hazardous materials without maintaining the required general segregation of incompatible hazardous materials, in violation of 49 C.F.R. § 171.2(a), 176.83(b)-(c).
Violations: Failure to condemn after permanent expansion >10% of total expansion - extensive discussion of PHMSA interpretation*** Failure to increase pressure on second test Failure to provide training Failure to maintain complete/accurate retest records Failure to maintain current copy of HMR and exemptions for retested cylinders
Violations: No security plan - placarded quantity Failure to train Shipping paper: chemicals identified in Spanish with no shipping description information; no shipper certification; no emergency response number Failure to register - placarded quantity