U.S. Department ofTransportation
Federal Aviation Administration

FEDERALEXPRESS MAIL HearingDocket Clerk FAA, AGC-430, Suite 2W1000 WilburWrightBuilding 800 Independence Avenue, SW Washington, DC 20591 Southern Region Office ofthe Regional Counsel P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX 

# RECEIVED
FEB 10 2015 HEARING DOCKET

Re: Inthe Matter ofRomney Cycle Center FAA Case No. 2013S0700320 Enclosed herewithplease find a copy ofarequest for hearing and the original and one copyof the Complaintinthe above-referencedproceeding. The FAArequests that thehearing in this matterbeheld in the Washington, District ofColumbia area, and expects that thehearingwill last one day. Please address all communications for the FAA to the undersigned, at: Federal AviationAdministration Office ofthe Regional Counsel, AS0-7 SouthernRegion 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223.

SeniorAttorney Office ofthe Regional Counse EnclosuresLECLAIR-NAN

February 2, 2015

VIA OVERNIGHT MAIL Federal Aviation Administration 600 Independence Avenue SW Wilbur Wright Building, Suite 2WI0000 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: 8ri an. Stoia rz@leclairrya 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\ NEVADAI NEW JERSEY\ NEWYORK\ PENNSYLVANIAI TEXAS I VIRGINIAI WASHINGTON, D.C.CERTIFICATE OF SERVICE 

# c: I hereby certify that on**this~** day ofFebruary, 2015, I served the foregoing Request for Hearing via U.S. Mail and electronic mail: Rashawn Rich George Senior Attorney Oftlce ofthe Regional Counsel Federal Aviation Administration Southern Region P.O. Box 20636 Atlanta, Georgia 30320 Rashawn.George@faa.govU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

# R E

# cEI 

# vED

FEB 10 2015
FEDERAL AVIATION ADMINISTRATION, 

## HEARING DOCKET Complainant,

vs. ROMNEY CYCLE CENTER Respondent.

JUDGE NOT YET ASSIGNED FAA DocketNo. Judge

COMPLAINT The Federal AviationAdministration (FAA), bycounsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows:
1. 1. OnJanuary 22,2015, Respondent, Romney Cycle Centerwas advised through a Final Notice ofProposed Civil Penaltythatthe FAAproposedto assess a civilpenaltyinthe amount of$66,500. On February 6, 2015, the AgencyAttorneyreceived a writtenrequest for a hearing from the Respondent. 

### II. 2. On or about May 13, 2013, Romney Cycle Center (hereinafter "Romney") knowinglyofferedto United Parcel Service (UPS) a fiberboard box (shipment) containinghazardous materials for transportationbyair.
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 orDeclaration ofDangerous 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). Itis inHazard 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. Ithas an assigned identification number ofNASOOl. The required label is FLAMMABLE LIQUID. 9. Romney offered the shipment of hazardous material for transportation-by--air without shippingpapers that included: (a) the assigned identificationnumberprescribed for each material; (b) theproper shippingnameprescribed for eachmaterial; (c) thehazard class prescribed for each material; (d) thepacking group prescribed for eachmaterial; (e) the total netmass perpackage; (f) thenumber and type ofpackages; (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)I0. Romney offered the shipment ofhazardous 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) ofthe HMR; (b) prepare the required certifications in duplicate; and (c) addthe following statementto the certification: "I declare that all ofthe applicable air transport requirements have been met."
II. Romney offered the shipment ofhazardous materials for transportationby air and failed to: (a) mark the outer container with the proper shipping name ofeach hazardous material contained therein; (b-)-- --mark the outer- container with the assigned identification number-ofeach hazardous material contained therein; (c) mark the outer containerwith standard orientation markings; and (d) affix a FLAMMABLE LIQUID label to the outer container. 12. Romney offered the shipment ofhazardous materials for transportation by air and failed to provide emergencyresponse information. 13. Romney offered the shipment ofhazardous materials for transportation by air and failed to provide an emergencyresponse telephone number. 14. Romney offered the shipment ofhazardous materials for transportation by air and failed to make the emergency response information available away from the package. 15. Romney offered the shipment ofhazardous materials for transportation byair and failed to provide a 24-hour emergency response telephone number which was monitored at all times. 16. Romney offered the shipment ofhazardous materials for transportation byair and failed to ensure that the hazrnat employee responsible for preparing the shipment was properlytrained. 17. Romney offered the shipment ofhazardous materials for transportation by air and failed to instruct each ofits officers, agents, and employees having responsibility for preparing the shipment as to the applicable regulations.18. Romney offered the shipment ofhazardous materials for transportation by air and failed to package it so there wouldbe no identifiable release ofhazardous material to the environment. 19. Romney offered the shipment ofhazardous materials for transportation by air and failed to ensure the closure was secure and leakproof. 20. Romney offered the shipment materials ofhazardous materials for transportation by air and failed to pack, secure, and cushion the package to prevent breakage or leakage.

21. Romney offered the shipment ofhazardous materials for transportationby 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 ofhazardous materials for transportationby air and failed to use an authorizedpackaging for its transportation.
III. 24. Byreason ofthe above, Ronmey Cycle Center violated the following Department ofTransportation Hazardous Materials Regulations (Title 49 ofthe 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 ofthe§ 172.101 Table, in the mannerrequiredbythis 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 §172.10I Table, in the manner requiredbythis 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 ofthe§ 172.101 Table, inthe mannerrequiredbythis 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 ofthe§ 172.101 Table, ifany, ofthe material covered by the description, in the manner required bythis 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 onthe shipping papers, including the total net mass, per package, inthe mannerrequiredbythis 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 bydescription ofthepackage). (h) Section 172.203(e) in that Romney offered a package containing the residue ofa 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 thepackaging. (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 onlywas not entered on the shippingpaper. (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 inthis 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 ofthe certification required inthis 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 certificationrequired in this section the following statement:"I declare that all ofthe 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 innerpackagings containing liquidhazardous 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 pointinginthe 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 thepackage withprimary and subsidiaryhazard labels as specified in Column 6 ofthe§172.101 Table. (p) ·--Section I72:600(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 aninvestigation 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 containingthehazardous 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 ofan emergencyinvolvingthehazardous material. (s) Section 173.l(b) in that Romney offered a hazardous material for transportation and failed to follow its duty to instruct each ofits officers, agents, and employees having responsibility for preparing hazardous materials for shipment as to applicableregulations ofthis subchapter.(t) Section 172.702(a) in that Romney offered a hazardous material for transportation and failed to ensure that each ofits hazmat employees was trained in accordance with therequirements prescribed inthis 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 consistentwith thehazard communication standards ofthis 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 ofthis subchapter which were specifically applicable to the functions the employeeperformed. (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 maybe 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 handlingpackages containinghazardous 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 wouldbe no identifiable release ofhazardous 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 oftemperature 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 closurewas secure and leakproof. (z) Section 173.24a(a)(3) in that Romney failed to ensure that inner packagings ofcombination 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 andtemperature duringtransportation aboard aircraft. (bb) Section 173.27(d) inthat 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 intemperature. (cc) Section 173.27(e) inthat 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 efficientmeans ofcontainment 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 itgreater quantityofthathazardousmaterial (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 inthis section conforming to the general packaging requirements of subpart B of part 173, to the requirements ofpart 178 ofthis subchapter at the Packing Group I or II performance level (unless otherwise excepted), and to the requirements of the special provisions ofColurun 7 ofthe §172.101 Table. 25. Pursuant to 49 U.S.C. Section 5123(a), RomneyCycle Centeris subject to a civil penaltynot lowerthan $250 ($450 for training-related violations), nor greaterthan $75,000 ($175,000 ifdeath, serious illness, severe injury, or substantial propertydamageresults), for each violation ofthe Department ofTransportation Hazardous Materials Regulations.26. Under the facts and circumstances ofthis case, a civil penaltyof$66,500 is appropriate. WHEREFORE, the Agency, bycounsel respectfullyrequests that the Administrative Law Judge enter an order that Respondentbe assessed a civil penaltyinthe amount of$66,500.

# q~ day ofFebruary, 2015.

SeniorAttorney Office ofthe Regional Counsel

PLEASE NOTE:
Pursuantto Title 14 CFR Section 13.209(a), you are requiredto file a written answerto this Complaint, or a written Motionto Dismiss ifappropriate, not later than 30 days after the date shown onthe**C~r1:ificate** ofService whichfol!Qws.CERTIFICATE OF SERVICE
Ihereby certifythat a copy ofthe foregoing Complainthas beenmailed this datebyFederal Express Mail, to the following: Hearing DocketClerk 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: BrianW. Stolarz 2318 Mill Road Suite II00 Alexandria, VA 22314

Legal Assistan Office ofthe Regional Counsel 

## fiB 9 20151 Dated (original + I copy)