04/02/2010 11:03 FAX 2024935142 FAA * QMS iaOOI/011 

O 

U.S. Department Southern Region P.O. Box 20636 

of Transportation Office of the Regional Counsel Atlanta, Georgia 30320 

Federal Aviation (40t) 305-5200 

Administration r404) 305-5223 FAX 

MAR 0 9 2010 - - V- ., 

CERTIFTED - RETURN RECEIPT REQUESTED . /^r.t";^ <r^,i^ 

Hearing Docket 

FAA, AGC-400, Room 2014 

600 Independence Avenue, SW 

Washington, DC 20591 

Re: In the Matter ofRBK Development, Inc. AA O J/- » - ,r./-

FAA Case No. 2008SO700241 (iP/()0 0 OWf /JO}0 'OH l 

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 Chicago, Illinois area, and 

expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned. 

Sifleerely, 

- ^ ^ ^ k^SHAWN RICH tjEORC 

Attorney 

Office of the Regional Counsel 

Enclosures 
04/02/2010 11;03 FAX 2024935142 FAA + DMS 121002/011 

REQUEST FOR HEARIISG 

TO: Hearing Docket, FAA 

AGC^OO 

Room 2014 

600 Independence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

Pursuant to 14 C.F.R. §13.6, I hereby request a hearing in regard to the matter of RBK 

Development, Mo- 2008SO700241 and the fmal notice of proposed civil penalty issued February 

22, 2010. I request that ihc hearing take place in Chicago, Illinois. 

1 designate Lhe following person as allomey to represent the corporation in regaid to this 

matter: 

Stephen R. Snyder, Esq. 

Attorney No. 413-43 

Snyder, Birch &. Morgan LLP 

200 West Main St. 

Syracuse, Indiana 46567 

Telephone: (574) 457-3300 

srs@sbmlawrirm.com 

Gale L. Schaffer 

RBK Development d/b/a Superior Wood Products 

1058 West CR 400 North, Warsaw, IN 46582 

CERTIFICATE OF SERVICE 

•fhe undersigned certifies that on the l " day of March, 2010, a true and correct copy of 

the foregoing pleading was served upon the following by first class U.S. mail, postage prepaid: 

Rashawn Rich George, Esq. 

Attorney Office of the Regional Counsel 

Federal Aviation Administration 

PO Box 20636 

Atlanta, G A 30320 
04/02/2010 11:03 FAX 2024935142 FAA * DMS 0 003/011 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

RBK Development, Inc. 

Respondent. 

FAA Docket No. 

Judge 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

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

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

I. 

On February 22, 2010, Respondent, RBK Development, Inc. was advised through a Final Notice 

of Proposed Civil Penally that the FAA proposed to assess a civil penalty in the amount of 

$73,500. On March 8, 2010, fhe Agency Attorney received a written request for a hearing from 

Respondent. 

n. 

1. On or about April 23, 2008, RBK Development Inc. d^/a Superior Wood 

Products (hereinafter Superior) knowingly offered to United Parcel Service (UPS) a nonspccification fiberboard box (shipment) containing hazardous materials for transportation by air. 

2. The shipment, assigned UPS tracking number IZ 52E 746 02 4653 0862, was 

offered by Superior for 2"** Day air transportation to Klaff s, 165 Water Street, South Norwalk, 

CT 06854. 
04/02/201 0 11:0 3 FAX 202493514 2 FAA •> DMS 0004/01 1 

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

Certification or Declaration of Dangerous Goods, 

4. On or about April 23, 2008, ground-handling personnel at the UPS sort facility in 

Louisville, KY discovered the shipment leaking. 

5. As a result of the aforementioned leak, UPS incurred costs for decontamination 

and clean up. 

6. The non-specification fiberboard box described in paragraph 1 contained the 

following; 

a. one (1) 1-gallon metal container marked with a flammable liquid 

label and HMIS flammability rating of "3;" 

b. two (2) 2-ounce plastic containers marked with a sticker 

"flammable;" and 

c. one (1) l-quait metal container of "Reducer for Topcoat" marked 

with a flamniable liquid label and HMIS flammability rating of 

7. Further investigation showed that the 1-gallon container had leaked 

approximately all of its contents into and through the fiberboard container. 

8. The contents of the non-specification fiberboard box described in para^jraph 1 

were identified by Superior as the following: 

a. "Sher-Wood Water White Conversion Varnish Dull Rubbed 

Effect" manufactured by Sherwin-Williams Company; and 

b. "Sher-Wood Kemvar Catalyst" manufactured by SherwinWilliams Company. 

9. a. "Sher-Wood Water W^ite Conversion Varnish Dull Rubbed Effect"is 

classified as a hazardous material under the Department of Transportation Hazardous Materials 

Regulations (HMR) (49 C.F.R. § 172.101). 

b. The proper shipping name of "Sher-Wood Water White Conversion 

Varnish Dull Rubbed Effect" is PAINT. It is in Hazard Class 3, Packing Group II, and has an 

assigned identification number of UN1263. The proper [primary] label is FLAMMABLE 

LIQUID. 

10. a. "Sher-Wood Kemvar Catalyst" is classified as a hazardous material under 

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

§ 172.101). 
04/02/2010 11:04 FAX 2024935142 FAA * DMS El 005/011 

b. The proper shipping name of "Sher-Wood Kemvar Catalyst" is 

FLAMMABLE LIQUIDS, CORROSIVE, N.O.S. (Ethanol, Toluenesulfonic Acid). It is in 

Hazard Class 3 (8), Packing Group 11, and has an assigned identification number of IIN2924. 

The proper [primary] label is FLAMMABLE LIQUID; the proper subsidiary risk label is 

CORROSIVE. 

11. Superior 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 niime 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; and 

(f) the number and type of packages. 

(g) the technical name in parentheses. §172.203(k) 

12. 

failed to: 

13. 

failed to: 

Superior offered the shipment of hazardous material for transportation by air and 

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

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

172.204(c)(1) of the HMR; 

(b) prepare the required certifications in duplicate; and 

(c) add the following statement to the certification; 

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

met." 

Superior offered the shipment of hazardous materials for transportation by air and 

(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 LIQUIDS label to the outer container; and 
04/02/201 0 11:0 4 FAX 2024935142 FAA * DMS HOOG/OI I 

(e) affix a CORROSIVE label to the outer container. 

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

failed to provide emergency response information. 

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

failed to provide an emergency response telephone number. 

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

failed to make the emergency response infoirmation available away from the package. 

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

failed to provide a 24-hour emergency res|3onse telephone number which was monitored at all 

times. 

18. Superior offered the shipment of hazardous materials for transportation by air 

when the telephone number provided was not one of a person who had knowledge of the 

hazardous material being shipped or immediate access to a person who possessed such 

knowledge. 

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

failed to ensure that the hazmat employee responsible for preparing the shipment was properly 

trained. 

20. Superior 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. 

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

failed to ensure that each of its hazmat employees was tested on the training subjects covered in 

§172.704. 

22. Superior offered the shipment of hazardous materials for transportation by air and 

failed create and maintain to a record of current training for the employee responsible for 

preparing the shipment. 

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

failed to package it so there would be no identifiable release of ha/.ardous material to the 

environment. 

24. Superior offered the shipment of hazardous materials for transportation by air and 

failed to ensure the closure was secure and leakproof 

25. Superior 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. 

26. Superior offered the shipment of hazardous materials for transportation by air and 

failed to secure the closures on the material with clips, tapes or other such positive means. 
04/02/2010 11:04 FAX 2024935142 FAA * DMS 1007/011 

27. Superior 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. 

28. Superior offered the shipment of hazardous materials for transportation by air and 

failed to use an authorized packaging for its transportation. 

29. Superior offered the shipment of hazardous materials for transportation by air and 

failed to use an authorized packaging for its transportation. 

III. 

1. By reason of the above, Superior violated the following Department of 

Transportation Hazardous Materials Regulations (Title 49 of the Code of Federal Regulations): 

a. Section 171,2(a) in that Rivers Recycling 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 as required or authorized by applicable 

requirements of this subchapter. 

b- Sections 172.200(a) and 172.202(a)(1) in that Rivers Recycling 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 Column 2 of 

the § 172.101 Table, in the manner required by this subpart, 

c. Sections 172.200(a) and 172.202(a)(2) in that Rivers Recycling 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. 

d. Sections 172.200(a) a.nd Section 172.202(a)(3) in that Rivers Recycling 

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 

Column 4 of the § 172.101 Table, in the manner required by this subpart. 

e. Sections 172.200(a) aind 172.202(a)(4) in that Rivers Recycling offered a 

hazardous material for transportation and failed to describe the hazardous material on the 
04/02/201 0 11:0 4 FAX 2024935142 FAA 

^ ^ DMS 0008/01 1 

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 

maimer required by this subpart. 

f. Sections 172.200(a) and Section 172.202(a)(5) in that Rivers Recycling 

offered a hazardous material for transportation and failed to describe the hazardous material on 

the shipping papers, including the total quantity (by net or gross mass, capacity, or as otherwise 

appropriate), including the unit of measurement, of the hazardous material covered by the 

description, in the manner required by this subpart. 

g. Sections 172.204(a) or (c)(1) in that Rivers Recycling 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. 

h. Section l72-204(c)(2) in that Rivers Recycling 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, 

i. Section 172.204(c)(3) in that Rivers Recycling 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; 

This shipment is within tlje limitations prescribed for 

passenger aircraft. 

j . Sections 172,600 and 172.602(b)(3) in that Rivers Recycling offered for 

transportation a hazardous material and failed to present the emergency response infoimation- (i) 

on a shipping paper; (ii) in a document, other than a shipping paper, that includes both the basic 

description and technical name of the hazardous material as required and the emergency 

response information required by this subpart (e.g., a material safety data sheet); or (iii) related 
04/02/2010 11:04 FAX 2024935142 FAA 

* DMS 0009/01 1 

to the information on a shipping paper, a written notification to the pilot-in-command, or a 

dangerous cargo manifest, in a separate document (e.g., an emergency response document), in a 

manner that cross-references the description of the hazardous material on the shipping paper with 

the emergency response information contained in the document 

k. Section 172.604(a)(3) in that Rivers Recycling offered a hazardous 

material for transportation and failed to provide a 24-hour emergency response telephone number 

which was entered on a shipping paper in the manner required by this paragraph for use in the 

event of an emergency involving the hazardous material. 

1. Section 173.1(b) in that Rivers Recycling 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. 

m. Section 173,29(a) in that Rivers Recycling offered the above-described 

shipment of hazardous materials for transportation by air when the fiiel tank contained residue of 

a hazardous material and did not offer the package in the same manner as when it previously 

contained a greater quantity of that hazardous material. 

n. Section 173.203 in that Rivers Recycling offered for transportation a 

package containing liquid hazardous material in Packing Group III 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 1, TI or III 

performance level, and to the requirements of the special provisions of Column 7 of the 

§172.101 Table. 

2. Pursuant to 49 U.S.C. Sections 5123(a)), Respondent is subject to a civil penalty 

not lower than $250, nor greater than $25,000, for each violation alleged. 
04/02/201 0 11:0 4 FAX 2024935142 FAA * DMS gjOIO/Ol l 

3 Under the facts and circumstances of this case, a civil penalty of $73,500 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 $73,500. 

Respectfiilly subnjiH_ed this day of March, 2010. 

RASHAWN RICH GEOI?GE 

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 Certificate of Service which follows. 
04/02/2010 11:04 FAX 2024935142 FAA + DMS 0011/01 1 

CERTIFICATE OF SERVICE 

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

Mail, Return Receipt Requested, to the following: 

Hearing Docket (Original + 1 copy) 

FAA, AGC-400, Room 2014 

600 Independence Avenue, SW 

Washington, DC 20591 

Stephen R. Snyder, Esq. 

Snyder, Birch & Morgan LLP 

200 West Main Street. 

Syracuse. Indiana 46567 

RBK Development 

Attn: Gale L. Schaffer 

1058 WCR 400 N 

Warsaw, IN 46582 

Dated