Case Number: 03-362-SIBC-EA
Docket Order: PHMSA-2005-22781
On October 6, 2005, the Office of Chief Counsel issued an Order to Marine Packing Company, Inc., d/b/a ShipsideIMarine Packing Company (Respondent) finding the Respondent had knowingly offered an undeclared shipment of hazardous materials for transportation in commerce. The Order assessed a civil penalty in the amount of $11,400 for offering a hazardous material -Environmentally hazardous substances, solid, n.o.s. (antimony trioxide) 9, UN3077, PG III - in unauthorized, non-UN standard packagings and accompanied by shipping papers which failed to meet the requirements of the Hazardous Materials Regulations (HMR). In a letter received October 27, 2005, Respondent filed a timely appeal of the Order. The safety hazard created by Respondent's failure to declare a shipment of a reportable quantity of antimony trioxide does not warrant the degree of financial hardship created by the civil penalty assessed by the Chief Counsel. Therefore, Chief Counsel is reducing the civil penalty to $7,000 -a reduction of over fifty percent (50%) from the recommended baseline of $15,000. I must also consider Respondent's failure to demonstrate complete corrective action. The $7,000 penalty should be sufficient to convey the severity of shipping hazardous materials undeclared without causing undue hardship to Respondent. Respondent's appeal is granted.