U.S. Department 

of Transportation 

Federal Aviation 

Administration 

FEDERAL EXPRESS MAIL 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Southern Region 

Office of the Regional Counsel 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404) 305-5223 FAX 

RECEIVED 

FEB 1 0 2015 

HEARING DOCKET 

Re: In the Matter of Romney Cycle Center FAA Case No. 2013S0700320 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Washington, District of Columbia 

area, and expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Senior Attorney 

Office of the Regional Counse 

Enclosures 
LECLAIR-NAN 

February 2, 2015 

VIA OVERNIGHT MAIL 

Federal Aviation Administration 

600 Independence A venue S W 

Wilbur Wright Building, Suite 2W I 0000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Re: In re Romney Cycle Center 

FAA Case No. 2013S0700320 

Dear Sir or Madam: 

FEB 6 2015 

Romney Cycle Center, through counsel, pursuant to 14 C.F.R. § 13 16(g)(2)(ii) and (h), 

hereby requests a formal hearing in FAA Case No. 20 13S0700320. Please direct all 

correspondences to my attention. 

cc: Kevin Carr 

President, Romney Cycle Center 

E-mail: 8 ri an. Stoia rz@l eclairrya n .com 

Direct Phone: (703) 647-5946 

Direct Fax: (703) 647-5951 

Sincerely, 

~ Brian W. Stolarz 

Attorney at Law 

2318 Mill Road, Suite 1100 

Alexandria, Virginia 22314 

Phone: 703.684.8007 \Fax: 703.684.8075 

CAliFOHNIA I COLORADO I CONNECTICUT I MARYLAND\ MASSACHUSETTS\ MICHIGAN\ NEVADA I NEW JERSEY\ NEW YORK\ PENNSYLVANIA I TEXAS I VIRGINIA I WASHINGTON, D.C. 
CERTIFICATE OF SERVICE 

c: 

I hereby certify that on this~ day of February, 2015, I served the foregoing Request for 

Hearing via U.S. Mail and electronic mail: 

Rashawn Rich George 

Senior Attorney 

Oftlce of the Regional Counsel 

Federal Aviation Administration 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Rashawn.George@faa.gov 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION R E c E I v ED 

FEB 1 0 2015 

FEDERAL AVIATION ADMINISTRATION, HEARING DOCKET 

Complainant, 

vs. 

ROMNEY CYCLE CENTER 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as follows: 

1. 

1. On January 22,2015, Respondent, Romney Cycle Center was advised through a 

Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 

amount of$66,500. On February 6, 2015, the Agency Attorney received a written request for a 

hearing from the Respondent. 

II. 

2. On or about May 13, 2013, Romney Cycle Center (hereinafter "Romney") 

knowingly offered to United Parcel Service (UPS) a fiberboard box (shipment) 

containing hazardous materials for transportation by air. 

3. The shipment, assigned UPS tracking number 1ZX7265A5090481656, was 

offered by Romney tor Three Day Select air transportation to Motorcycle 

Warranty Parts Return, America Suzuki Motor Corporation, 3251 E. Imperial 

Highway, Brea, CA 92821. 

4. At all times mentioned herein, the shipment was not accompanied by a Shipper's 

Certification or Declaration of Dangerous Goods. 
5. On or about May 14, 2013, ground-handling personnel at the UPS sort facility in 

Louisville, KY discovered the shipment leaking. 

6. The above-mentioned fiberboard box contained one (I) gas tank. 

7. Further investigation showed that the gas tank contained approximately 4-ounces 

of gasoline that approximately 2-ounces leaked into and through the fiberboard 

box. 

8. Gasoline is classified as a hazardous material under the Department of 

Transportation Hazardous Materials Regulations (HMR) (49 C.F.R. 

§ 172.10l).(a) Gasoline is classified as a hazardous material under the 

Department of Transportation Hazardous Materials Regulations (HMR) ( 49 

C.F.R. § 172.101). It is in Hazard Class 3, Packing Group II, and has an assigned 

identification number ofUN1203. 

(b) The proper shipping name for the shipment, therefore, is Dangerous 

Goods in Apparatus. It has an assigned identification number ofNASOOl. The 

required label is FLAMMABLE LIQUID. 

9. Romney offered the shipment of hazardous material for transportation-by--air 

without shipping papers that included: 

(a) the assigned identification number prescribed for each material; 

(b) the proper shipping name prescribed for each material; 

(c) the hazard class prescribed for each material; 

(d) the packing group prescribed for each material; 

(e) the total net mass per package; 

(f) the number and type of packages; 

(g) a statement indicating that the shipment is within the limitations 

prescribed for either passenger and cargo aircraft or cargo aircraft only; 

and 

(h) the words "RESIDUE: Last contained Gasoline." §172.203 (e) 
I 0. Romney offered the shipment of hazardous material for transportation by air and 

failed to: 

(a) certify that the materials were in accordance with the HMR (49 C.F.R. §§ 

171, et ~-) by printing the certification set forth in § 172.204(a) or § 

172.204(c)(l) of the HMR; 

(b) prepare the required certifications in duplicate; and 

(c) add the following statement to the certification: 

"I declare that all of the applicable air transport requirements have been 

met." 

II. Romney offered the shipment of hazardous materials for transportation by air and 

failed to: 

(a) mark the outer container with the proper shipping name of each hazardous 

material contained therein; 

(b-)-- --mark the outer- container with the assigned identification number-of each 

hazardous material contained therein; 

(c) mark the outer container with standard orientation markings; and 

(d) affix a FLAMMABLE LIQUID label to the outer container. 

12. Romney offered the shipment of hazardous materials for transportation by air and 

failed to provide emergency response information. 

13. Romney offered the shipment of hazardous materials for transportation by air and 

failed to provide an emergency response telephone number. 

14. Romney offered the shipment of hazardous materials for transportation by air and 

failed to make the emergency response information available away from the 

package. 

15. Romney offered the shipment of hazardous materials for transportation by air and 

failed to provide a 24-hour emergency response telephone number which was 

monitored at all times. 

16. Romney offered the shipment of hazardous materials for transportation by air and 

failed to ensure that the hazrnat employee responsible for preparing the shipment 

was properly trained. 

17. Romney offered the shipment of hazardous materials for transportation by air and 

failed to instruct each of its officers, agents, and employees having responsibility 

for preparing the shipment as to the applicable regulations. 
18. Romney offered the shipment of hazardous materials for transportation by air and 

failed to package it so there would be no identifiable release of hazardous material 

to the environment. 

19. Romney offered the shipment of hazardous materials for transportation by air and 

failed to ensure the closure was secure and leakproof. 

20. Romney offered the shipment materials of hazardous materials for transportation 

by air and failed to pack, secure, and cushion the package to prevent breakage or 

leakage. 

21. Romney offered the shipment of hazardous materials for transportation by air and 

failed to use a leakproof liner, plastic bag or other equally efficient means of 

containment. 

22. Ronmey offered the shipment for transportation by air when the gas tank was not 

sufficiently cleaned of residue and purged of vapors to remove any potential 

hazard. 

23. Ronmey offered the shipment of hazardous materials for transportation by air and 

failed to use an authorized packaging for its transportation. 

III. 

24. By reason of the above, Ronmey Cycle Center violated the following Department 

of Transportation Hazardous Materials Regulations (Title 49 of the Code of 

Federal Regulations): 

(a) Section 171.2(e) in that Romney offered a hazardous material for 

transportation in commerce when the hazardous material was not properly 

classed, described, packaged, marked, labeled, and in condition for 

shipment. 

(b) Sections 172.200(a) and 172.202(a)(1) in that Romney offered a 

hazardous material for transportation and failed to describe the hazardous 

material on the shipping papers, including the identification number 

prescribed for the material as shown in Colunm 4 of the§ 172.101 Table, 

in the manner required by this subpart. 

(c) Sections 172.200(a) and 172.202(a)(2) in that Romney offered a 

hazardous material for transportation and failed to describe the hazardous 

material on the shipping papers, including the proper shipping name 

prescribed for the material in Colunm 2 of the § 172.10 I Table, in the 

manner required by this subpart. 
(d) Sections 172.200(a) and 172.202(a)(3) in that Romney offered a 

hazardous material for transportation and failed to describe the hazardous 

material on the shipping papers, including the hazard class or division 

prescribed for the material as shown in Column 3 of the§ 172.101 Table, 

in the manner required by this subpart. 

(e) Sections 172.200(a) and 172.202(a)(4) in that Romney offered a 

hazardous material for transportation and failed to describe the hazardous 

material on the shipping papers, including the packing group, in Roman 

numerals, prescribed for the material in Column 5 of the§ 172.101 Table, 

if any, of the material covered by the description, in the manner required 

by this subpart. 

(f) Sections 172.200(a) and 172.202(a)(6) in that Romney offered a 

hazardous material for transportation and failed to describe the hazardous 

material on the shipping papers, including the total net mass, per package, 

in the manner required by this subpart. 

(g) Sections 172.200(a) and 172.202(a)(7) in that Romney offered a 

hazardQlJ~ material for transportatiQn gnd failed to des<.;ribe the h<t?:m:dous 

material on the shipping papers, including the number and type of 

packages (indicated by description of the package). 

(h) Section 172.203(e) in that Romney offered a package containing the 

residue of a hazardous material for transportation by air when the words 

"RESIDUE: Last Contained" were not entered on the shipping paper in 

association with the basic description of the hazardous material last 

contained in the packaging. 

(i) Section 172.203(f) in that Romney offered a hazardous material for 

transportation when a statement indicating that the shipment is within the 

limitations prescribed for either passenger and cargo aircraft or cargo 

aircraft only was not entered on the shipping paper. 

(j) Section 172.204(a) or (c)(l) in that Romney offered a hazardous material 

for transportation and failed to certify that the material was offered for 

transportation in accordance with this subchapter by printing on the 

shipping paper containing the required shipping description one of the 

certifications set forth in this part. 

(k) Section 172.204(c)(2) in that Romney offered a hazardous material to an 

aircraft operator for transportation by air and failed to provide two copies 

of the certification required in this section. 

(l) Section 172.204(c)(3) in that Romney offered for transportation by air a 

hazardous material authorized for air transportation and failed to add to 

the certification required in this section the following statement: 
"I declare that all of the applicable air transport requirements have been 

met." (Effective October 1, 2006.) 

(m) Section l72,30l(a) in that Romney offered for transportation a hazardous 

material in a non-bulk packaging and failed to mark the package with the 

proper shipping name and identification number (preceded by "UN" or 

"NA", as appropriate) for the material as shown in the§ 172.101 table. 

(n) Sections 172.300(a) and 172.312(a)(2) in that Romney offered a non-bulk 

combination package having inner packagings containing liquid hazardous 

materials for transportation and failed to legibly mark the package with 

standard orientation markings, on two opposite vertical sides of the 

package with the arrows pointing in the correct upright direction. 

(o) Sections 172.400 and 172.402(a)(l) in that Romney offered for 

transportation a package containing a hazardous material and failed to 

label the package with primary and subsidiary hazard labels as specified in 

Column 6 of the§ 172.101 Table. 

(p) ·--Section I 72:600(c) in tliafRomney offered for trarisj:lOrtation a hazardmismaterial and failed to make the emergency response information 

immediately available for use at all times the hazardous material was 

present, and failed to make such information, including an emergency 

response telephone number, immediately available to any government 

agency responding to an incident involving hazardous materials or 

conducting an investigation which involves a hazardous material. 

( q) Sections 172.600 and 172.602(b )(2) in that Romney offered for 

transportation a hazardous material for transportation and failed to make 

the emergency response information available for use away from the 

package containing the hazardous material. 

(r) Section 172.604(a)(1) in that Romney offered a hazardous material for 

transportation and failed to provide a 24-hour emergency response 

telephone number (including the area code or international access code) 

which was monitored at all times the hazardous material was in 

transportation, including storage incidental to transportation, for use in the 

event of an emergency involving the hazardous material. 

(s) Section 173.l(b) in that Romney offered a hazardous material for 

transportation and failed to follow its duty to instruct each of its officers, 

agents, and employees having responsibility for preparing hazardous 

materials for shipment as to applicable regulations of this subchapter. 
(t) Section 172.702(a) in that Romney offered a hazardous material for 

transportation and failed to ensure that each of its hazmat employees was 

trained in accordance with the requirements prescribed in this subpart. 

(u) Sections 172.702(a) and 172.704(a)(l) in that Romney offered a 

hazardous material for transportation and failed to ensure that its hazmat 

employee training included general awareness/familiarity training 

designed to provide familiarity with the requirements of this subchapter 

and to enable the employee to recognize and identify hazardous materials 

consistent with the hazard communication standards of this subchapter. 

(v) Sections 172.702(a) and 172.704(a)(2) in that Romney offered a 

hazardous material for transportation and failed to ensure that its hazmat 

employee training included function specific training concerning 

requirements of this subchapter which were specifically applicable to the 

functions the employee performed. 

(w) Sections 172.702(a) and 172.704(a)(3) in that Romney offered a 

hazardous material for transportation and failed to ensure that its hazmat 

employee training included safety training concerning - (i) emergency 

response information; (ii) measures to protecfthe employee from hazards 

associated with hazardous materials to which they may be exposed in the 

work place, including specific measures the hazmat employer has 

implemented to protect employees from exposure; and (iii) methods and 

procedures for avoiding accidents, such as the proper procedure for 

handling packages containing hazardous materials. 

(x) Section 173.24(b)(l) in that Romney failed to use a package which was 

designed, constructed, maintained, filled, its contents so limited, and 

closed, so that under conditions normally incident to transportation, there 

would be no identifiable release of hazardous material to the environment. 

(y) Section 173.24(f)(l) in that Romney failed to use a package which had 

closures so designed and closed that under conditions (including the 

effects of temperature and vibration) normally incident to transportation, 

there would be no identifiable release of hazardous materials to the 

enviromnent from the opening to which the closure was applied and the 

closure was secure and leakproof. 

(z) Section 173.24a(a)(3) in that Romney failed to ensure that inner 

packagings of combination packagings were sufficiently packed, secured, 

and cushioned to prevent their breakage or leakage and to control their 

movement within the outer packaging under conditions normally incident 

to transportation. 
(aa) Section 173.27(c) in that Romney failed to ensure that the packaging was 

designed and constructed to prevent leakage that may be caused by 

changes in altitude and temperature during transportation aboard aircraft. 

(bb) Section 173.27(d) in that Romney failed to ensure stoppers, corks or other 

such friction-type closures were held securely, tightly and effectively in 

place by positive means, and that each screw-type closure on any 

packaging was secured to prevent closure from loosening due to vibration 

or substantial change in temperature. 

(cc) Section 173.27(e) in that Romney offered a package containing hazardous 

liquids in Packing Group I or II of Class 3, 4, 5, 6, or 8, in glass, 

earthenware, plastic or metal inner packagings and failed to use a means 

of containing the liquid in the form of a leakproof liner, plastic bag or 

other equally efficient means of containment in the event ofleakage. 

(dd) Section 173.29(a) in that Romney offered a shipment of hazardous 

materials for transportation by air when it contained residue of a 

hazardous material and did not offer the package in the same manner as 

whenit.trre.Yiously contained it greater quantity of that hazardousmaterial 

( ee) Section 173.202 in that Romney offered for transportation a package 

containing liquid hazardous material in Packing Group II when § 172.101 

of this subchapter specified that it be packaged under this section and 

failed to use non-bulk packagings prescribed in this section conforming to 

the general packaging requirements of subpart B of part 173, to the 

requirements of part 178 of this subchapter at the Packing Group I or II 

performance level (unless otherwise excepted), and to the requirements of 

the special provisions ofColurun 7 of the §172.101 Table. 

25. Pursuant to 49 U.S.C. Section 5123(a), Romney Cycle Center is subject to a civil 

penalty not lower than $250 ($450 for training-related violations), nor greater than $75,000 

($175,000 if death, serious illness, severe injury, or substantial property damage results), for each 

violation of the Department of Transportation Hazardous Materials Regulations. 
26. Under the facts and circumstances of this case, a civil penalty of $66,500 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $66,500. 

q~ day ofF ebruary, 2015. 

Senior Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the C~r1:ificate of Service which fol!Qws. 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Federal 

Express Mail, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2WIOOO 

Wilbur Wright Building 

600 Independence Avenue, SW 

Washington, DC 20591 

Romney Cycle Center 

Attn: President 

51 Industrial Park 

Romney, WV 26757 

Leclair Ryan 

Attn: Brian W. Stolarz 

2318 Mill Road 

Suite II 00 

Alexandria, VA 22314 

Legal Assistan 

Office of the Regional Counsel 

fiB 9 20151 

Dated 

(original + I copy)