Larry Fricker Company, Inc.

Case Number: 04-079-SCT-EA

Docket Order: PHMSA-RSPA-2005-20265

On December 30, 2004, the Chief Counsel issued an Order to Larry Fricker Company, Inc. (Respondent) finding the company had knowingly committed four violations of the Hazardous Materials Regulations (HMR). The Order, which is incorporated by reference, assessed a $10,010 civil penalty, which reflected a $550 reduction from the amount proposed in the Notice of Probable Violation (Notice), dated January 30, 2004. The Office of Chief Counsel did not receive any documentation of financial hardship or corrective action, nor did Respondent allege that it had attempted to submit any other information prior to its appeal. The Chief Counsel found the following violations: Respondent did not indicate the packing group using Roman numerals and provided an unauthorized emergency response telephone number on its shipping papers. Respondent was not registered as an offeror of hazardous materials but had offered a quantity of hazardous materials requiring placarding. Respondent had not provided training to its hazmat employees and had improperly placarded cargo tanks. Respondent's appeal is denied.