On June 18, 1998, the Chief Counsel issued an Order to Safety and Health Associates, Inc. D/B/A Fire Boss (Respondent) assessing a penalty in the amount of $6,300 for three violations of the Hazardous Materials Regulations (HMR). The Order found that Respondent knowingly offered compressed gas in cylinders for transportation in commerce without providing the required training to its hazmat employees and without maintaining training records (violation No. 1), represented, marked, certified, and offered compressed gas cylinders as having been successfully retested in accordance with the HMR without performing the hydrostatic retest at the minimum test pressure (violation No. 2), and offered compressed gas in cylinders for transportation in commerce accompanied by shipping papers on which an incorrect shipping name was used and which omitted the hazard class and Respondent's emergency response telephone number (violation No. 3). Based on the actions taken by Respondent to correct these violations and to prevent future violations of the HMR, the Order reduced the $7,870 civil penalty originally proposed in the December 15, 1997 Notice of Probable Violation have determined that there is sufficient information to warrant mitigation of the civil penalty assessed in the Chief Counsel's Order.The order assessed a civil penalty of $5,100 as appropriate in light of the nature and circumstances of these violations, their extent and gravity, Respondent's culpability, Respondent's lack of prior offenses, Respondent's ability to pay, the effect of a civil penalty on Respondent's ability to continue in business, and all other relevant factors. The Order of June 18, 1998, is affirmed and the appeal is denied.