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<d 

rc T' oniAiiON 

U.S. Department 

of Transponation 

Federal Aviation 

Administration 

Western-Pacific Region 

Office of the Regional Counsel 

P.O. Box 9200"; 

Los Angeles, C '-^ 90009-200? 

Telephone: (310)725-7117 

Facsimile: (31(: 725-6816 

JUN 0 3 2010 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Admimstration 

800 Independence Avenue, SW 

•Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

c30\0-06^ UP}0\f^?OOC^') 

Re: In the Matter of JNL Marble and Granite Inc., Attn: Joel Huerta; Case No. 

200SWP700206 

Enclosed is a copy of a request for hearing, post marked May 18, 2010, and the o iginal and 

one copy of The Complaint in the above-referenced proceeding, 

I request that the hearing in this matter be held in the Los Angeles, California arei v, and 

expect that the hearing will last on* (1) day. 

Please address all communications for tl:ie Regional Counsel, Western-Pacific Re ;ion, to the 

undersigned, at: Office of the Regional Counsel, AWP-7.6, FederaJ Aviation 

Administration, Wesiem-Pacific Region, P.O. Box 92007, Los Angeles, CA 900]9r2U07, 

Telephone: (310) 725-7117, FAX: (310) 725-6816. 

Sincerely, 

NAOMI TSUD A 

Regional Counsel 

Enclosures; Request for Hearing, Complaint, Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACIICE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED h OT 

LATER THAN 30 DAYS AFTER SERVICE OF THIS COMPLAINT. AS AN 

ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT 

TO SECTION 13.208(D) OR SECTION 13.2.18 (F) (1-4) OF TI-IE RULES OF PJfACTICE. 

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12)003 

4I9 

REPLY TO NOTICE OF PROPOSED CIVIL PENALTY 

(Transportation of Hazardous Materials) 

Regional Counsel for the Western-Pacific Region ,;:..; . -••' \.,.;;., Vi 

Federal Aviation Administration, AWP-7. - • - - — 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Subject: Notice of Proposed Civil Penalty - ^HM) 

In reply to your Notice of Proposed Civil Penalty, I elect to proceed as indies ;!ed by my 

check mark beside the numbered paragraph(s) below: 

1. ( ] I hereby subrrilt the amount of the proposed civil penalty writh the 

understanding that an order assessing civil penalty wiU be issued in the arno int without 

further notice, and that I waive my right to a hearing. 

2. [ ] I herebysubmlt evidence and Information, demofistrating that a violation of 

the regulations did not occur or that the amount of the penalty Is not warranted by the 

circumstances, 

3. [ ] I hereby submit information and records showing that I am financially unable to 

pay the proposed civil penalty, or that payment of the penalty would preven: m© from 

continuing in business. 

4. [ ] I hereby request that a civil penalty be assessed in the amount of $. 

and i submit the reasons for the reduction of the proposed amount My request constitutes 

my agreement that if this offer is accepted by the FAA, an Order Assessing Civil Penalty in 

that amount may be issued wthout further notice and I vraive my right to a hes'iing. 

5. [ ] I hereby request an informal-conference that will be held at the Offict; of 

the Regional Counsel, Hawthorne, Califomia, or 

(a mutually convenient location) in order to discuss this matter wfth the attorney n charge 

of this case and to present evidence and informat'on on my behalf. 

AWP<7 FORM 2150-24 (12/06 Edition) ' 

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^ [ ] ^ hereby request a hearing in accordance with Subpart G of Pari 13 of the 

Federal Aviation Regulations with the understanding that a Complaint will t<» filed. I 

request that the hearing beheld in "ri/hJ pi^A>J CA5L O . I am sending this 

request both to the FAA attorney and to the Hearing Docket, Federal Avfatlon 

Administration, 800 Independence Ave., SW, Washington, D.C. 20591, attention: 

Hearing Docket Clerk. AGCr430, Wilbur Wright Building, Suite 2W1000. 

Signature: 

3cket Clerk. AGCr430, VVIIbt 

Name: U.Tbt:^ - Ithj&jn ^ • 

Address^ "^T?^^ (Y\&-Sa \/{MLf:iQ^ <^fTelephone: R^lb-" ^ 51/^0^3^ ^ 

Date; 

case No.: '^ O ^ VPlOOZO C 

[ ] I request that future documents In this case be sent to: 

Name: 

Address: 

Telephone; 

AWP.r FORIW 21 SC^34, Page 2 of 2. 12/06 Edition 

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U.S. DEPARTMENT Oi' TRANSPORTATION 

REGIONAL COUNSEL 

FEDERAL AVIATION ADMINISTRATION 

ID the Matter of: 

JNL Marble and Granite, Inc., 

Respondent, 

FAA CASE NO. 2008WP700206 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules ol Practice 

(14 CF.R. § 13.208), and states as follows; 

I. 

Respondent JNL Marble and Granite, Inc., Attn: Joel Huerta, was advised l^rough a 

Notice of Proposed Civil Penalty, that the FA-\ proposed to assess a civil penalty in the 

amount of $15,000.00. On May 18,2010, Respondent submitted a written request for a 

hearing. 

II. 

1. On or about June 11, 2008, Joel Huerta, Owner of .TNL Marble and Gj jjnite, Inc., 

was a ticketed passenger on Northwest Airlines Flight 22 from Honglnlu, Hawaii 

to San Francisco, Califomia. 

1. Prior to boarding the aircraft for tbe flight referenced above, .Toel Hue ".a 

knowingly offered baggage for transportation by air as part of Joe] Hvf:rta's 

checked baggage on the abovc-referenced flight. 

3. The above baggage (hereinafter "shipment") consisted of (I) one quar: acetone 

and (2) two 30 gram tubes of hardener paste. 

4. Acetone is classified as a hazardovis material under section 172.101 oi the HMR. 

The proper shipping name is "Acetone." It is in a ha2ard class of 3, h:is an 

assigned identification number of UN 1090, packing group 11. The proper 

shipping label is "ACETONE." 

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5. Hardener Paste is a hardening agent/curing agent and is classified as i hazardous 

material under section 172.101 of the HMR. The proper shipping narie is 

"Organic Peroxide Type E, Solid (dibenzoyl peroxide)." It is in a hazard class of 

5.2, has an assigned identification number of UN 3108, and packing tiroup II. 

The proper shipping label is '^ORGANIC PEROXIDE TYPE E, SOL D 

(dibenzoyl peroxide.) 

6. Ai ail times mentioned herein, the shipment was no: accompanied by i Shipper's 

Declaration for .Dangerous Goods, 

7. Joel Huerta offered the above-described shipment of hazardous materi nl for 

transportation by air when the slupping papers did not contain tiie pro per 

shipping name of each hazardous material, the hazard class of each hi::ardous 

material, the assigned identification number of each hazardous materi;! preceded 

by "LTN" or "NA, " as applicable, the total quantity by weight or volur.c of each 

hazardous material covered by the description, and the basic descripti :'n of each 

hazardous material shown in sequence. 

8. Joel Huerta offered the above-described hazardous material for transp« irtation by 

air when Joel Huerta failed to label each hazardous material in accord ;ncc with 

the HMR with the label specified for the material in the § 172.101 table and in 

subpart § 172.400(a). 

9. Joel Huerta offered the above-described hazardous material for transpnrration by 

air when Joel Huerta failed to: 

(a) certify that each hazardous material was in accordance witl:. the HMR 

by printing the certification set forth in sections 172.204(a) or 

172.204(c)(1) of the ^-IR on shipping papers; 

(b) prepare the required certificates in duplicate; and 

(c) add the following statement to the certification; 

"I declare that all of the applicable air transport requiremen .3 have 

been met." 

10. Joel Huerta offered the above-described shipment for transportatio;) by air 

when the shipment was not marked with the proper shipping name iind the 

assigned identification number of each hazardous material contains d in it 

and the required markings in English were not printed on or affixec lo the 

surface of the package. 

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11. Joel Huerta offered the above-described shipment for transportati< la by air 

when no "CORROSIVE" and "FLAMMABLE LIQUID" labels v ere affixed 

10 the shipment. 

12. Joel Huerta offered the above-described shipment of hazardous m vteriai for 

transportation by air when Joel Huerta did not make emergency re iponse 

information, including the emergency response telephone number available 

for use at all times the hazardous material was present. 

13. Joel Huerta offered the above-described hazardous material for trsi^ortation 

and failed to determine that the packing was authorized and had b< sn 

manufactured, assembled, aad marked in accordance with Parts 17.5 (49 

CF.R. § 173), 178 (49 CF.R. §178), or 179 (49 CF.R. §179). 

III. 

By reason of the foregoing facts and circumstances, JNL Marble and Grai tc, Inc., 

Attn: .Toel Huerta, violated the following Dep^irtment of liansportation Hazardous Material 

Regulations (Title 49, Part 171 et seq., Code of Federal Regulations): 

a. Section 171.2(e) (49 CF.R, § 171.2(e)), which states that no person may < ffer 

hazardous material for transportation unless the hiizardous material is proj^srly 

classed, described, packaged, marked, labeled, and in condition for shipm<:nt as 

required or authorized by applicable requirements of the Hazardous Materials 

Regulations, or an exemption, approval, or registration issued under the H jzardous 

Materials Regulations; 

b. Section 172.200(a) (49 CF.R, § 172.200(a)), which states that no person ra y offer 

hazardous material for transportation unless the material is properly descri l>ed on the 

shipping papers; 

Section 172.202(a)(1) (49 CF.R. § 172.202(a)(1)), in that you offered hazardous 

material for transportation when the required hazardous material description on the 

sliipping papers did not include the proper shipping name prescribed for tht; material 

in Section 172.101 (49 CF.R. § 172.101); 

Section 172.202(a)(2) (49 CF.R. § 172.202(a)(2)), in that you offered haz irdous 

material for transportation when the required hazardous matcrizd dcscriptic i on ihe 

shipping papers did not include the proper hazard class or division prescrifsd for the 

material in Section 172.101 (49 CF.R. § 172.101); 

Section 172.202(a)(3) (49 CF.R. § 172.202(a)(3)), in that you offered haz:irdous 

material for transportation when the required hazardous material descriptic )•! on the 

fdhipping papers did not include the proper shipping identification number prescribed 

for the material in Section 172.101 (49 C.F-R. § 172.101); 

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f. Section 172.202(a)(4) (49 CF.R. § 172.202(a)(4)), in diat you offered ha. :ardous 

material for transportation when the required hazardous material descripti (jn on the 

shipping papers did not include the proper packing group prescribed for tj)e material 

in Section 172.101 (49 CF.R. § 172.101); 

g. Section 172.202(a)(5) (49 CF.R. § 172.202(a)(5)), in that you offered ha;:eu-dous 

material for transportation when the required hazardous material descripti DU on the 

shipping papers did not include the total quantity (by net or gross mass, cupacity, or 

as otherwise appropriate), including the unit of measurement, of the hazaj dous 

material covered by the description; 

h. Section 172.204(a) (49 CF.R. 172(a)), which states that each person who offers a 

hazardous material for transportation sliall certify that the material is offei od for 

transportation in accordance with this subchapter by printing on the shipp ng paper 

containing the required shipping description the certification contained in paragraph 

(a)(1) of this section or the certificatioa containing the language containec in 

paragraph (a)(2) of this section; 

i. Section 172-300(a) (49 CF.R. § 172.300(a)), which states that each persoi who 

offers hazardous material for transportation shall mark each package cont lining tiic 

hazardous material in the manner required by HMR subpart D (Marking); 

j . Section 172.400(a) (49 C.F.R. § 172.400(a)), which states that each perso;) who 

offers hazardous material for transportation shall label the package or con ;iinment 

device with labels specified for the material in section 172.101 (49 CF.R. § 172.101) 

and this subpart; 

k. Section 172.600(c) (49 CF.R, § 172.600(c)), which states thai no person t:» whom 

HMR subpart G (Emergency Response Information) appUes may offer foi 

transportation, accept for transportatio.n, transfer, :jtore or otherwise handl: during 

transp>ortation a hazardous material uiilcss: (1) emergency response mforn.ation 

conforming to subpart G is immediately available for use at all times the hazardous 

material is present; and (2) emergency response information, including th( 

emergency response telephone numbej-, required by this subpart is immcdj ately 

available to any person who, as a representative of a Federal, State or loca. 

government agency, responds to an incident involving a hazardous raatciiiil, or is 

conducting an investigation which involves a hazardous material; 

I. Section 172.604(a)(3) (49 CF.R. § 172.604(a)(3)), which sutes that a pers :n who 

offers a hazardous material for transportation must provide an emergency ssponse 

iclcphone number for use in the event of an emergency involving the hazadous 

material. The telephone number must be entered on a shipping paper iinm< ;diately 

following the description of the hazardous material required by subpart C :f this 

part; or entered once on the shipping paper in a clearly visible location. This 

provision may be used only if tlie iclcphone number applies to each hazarc.ous 

material entered on the shipping paper, and if it is indicated that the teleph r^ne 

nmnber is for emergency response information; and 

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m. Section 173.22(a)(2) (49 CF.R. 173.22(a)(2)), which states that each perfon who 

offers hazardous material for transportation shall determine that the packi;ig is 

authorized and has been manufactured, assembled, and marked in accordi..ice with 

Parts 173, 178 or 179. 

IV 

1. Pursuant to Tide 49 U.S.C Section 46301(a), .TNL Marble and Granite, Inc., 

Atto: Joel Huerta, is subject to a civil penalty not to exceed $11,000 Tor each of 

the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of 51f 000.00 is 

appropriate. 

WHEREFORE, the Complainant, respectfully requests that the Administfrtive Law 

Judge enter an order tliat JNL Marble and Granite, Inc., Atto: Joel Huerta, Owner, be 

assessed a civil penalty in the amount of $15,000.00. 

Respectfully siftimittei 

.ierre Gre;fcn 

Attorney > 

Office erf the Regional Cotmsel 

t^\ Aviation Administration 

Western-Pacific Region 

DATED: JUN 0 3 2010 

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CERTIFICATE OF SERVICE 

I hereby certify that ou this date I have sent by facsimile a copy of the Conplaint, 

and placed in the United States mail, postage prepaid, certified mail - return rece.pt 

requesttrd, the executed original and one copy of the Complaint, addressed as foll;iw$; 

Federal Aviation Admimstration 

800 hidcpendence Avenue, SW 

Washington, DC 20591 

Atm: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Facsimile (202) 493-5142 

I ftirther certify that on this date T have placed in the United States mail, p. istage 

prepaid, certified mail - return receipt requested, and regular mail, a true copy of :he 

Complaint, addressed as follows: 

.TNL Marble and Granite, Inc. 

Attn: .Toel Huerta 

6429 Soutiifrom Road, Unit C 

Livermorc, CA 94551 

Dated: JUN 03 2015 

JeffKainberg 

Legal Technician 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California 

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