08/13/2010 16:41 FAX 2024935142 Fft^ + QMS 12001/009 

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U.S. Department Eastern Region 1 Aviation Plaza 

of Tfanspoftation Regional Counsel Jamaica, NY 11434 

Telephone; 718 553-3272 

Federal Aviation Facsimile: 718 995-5699 

Adminrstiaftion 

AOG /I 2010 

CERTITIED MAIL - RbTURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, D.C. 20591 ":.• '" :"'-\'-^--^ 

Attn; Hearing Docket Clerk, AGC-430 " " ' •'- " 

Wilbur Wright Building - Room 2014 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter of Cenogenics Corporation A/}i ^ c^ A-f^)^^ /^A IA A ^Ct 

Docket No. 2009£A700392 Lme(\OW//Mo V 1^p 

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

the FAA's Complaint in the above-entitled action for filing, together with proof of service 

upon the Respondent. 

The FAA requests that the hearing in this matter be held in the New York City, MewYork 

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

Please address all communications for the Federal Aviation Administration to the attention 

of Jeaninc C. Gotimer, Office of the Regional Counsel, 1 Aviation Plaza Jamaica, NY 

11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: [V](W \(^,ckk!lL /11c/yV 

C / leaning. Gotimer Q 

Attorney 

Enclosures 

cc: AEA-700 
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Regional Counsel for The Easiera Region Dale JULY 2 7 •» 201 0 

Federal A>'iation Administration 

I Aviation Plaza 

Jamaica, NY 11434 

Cenogenics Coiporalion - 2009EA700392 

Subjecr. Final Nctice nf Proposed Civil Penalty 

Response Atiacftment 

In reply w ynur Finaf Notice of Proposed Civil Penalty Cenogenics Corporation elects to proceed as indicated by lis check mark 

beside (he numbered paragraph bcloui'. 

1. O Cenogenics Corpotuiion hereby submits the amount of the proposed civil penally with the urdcncanding that an Order 

Assessing Civil Penajiy ^vi|| be issued in that amount. 

2. ^ Cenogenics Corporation hereby requests a formal hearing in accordance with Section 13.16 of the Federal Aviation 

Regulations. 

By sending this foria (o the Federal Aviation Administration, Eastern Region. Ctnogcnics 

Corporation also hereby ceriilics that a copy of this form h u been Hied wilb tht llcarlne 

Docket Clerk (Hearing Docket. Federal AviaiioD Admlnisiralion, 80D Independence Avenue, 

S.W.. Room 9UA, WaihlnglOD, DC 20591, Atu*|ion: Hearins Docket Clerk), 

" Please note that Cenogenics Corporation will not be cnritlqj to a hearine if it files Ihis form '»ith the Federal Avialian 

AdminLwarinn- Eastern Region. WITHOUJ having filed this fnmi or a written request for a hearing with the HEARINO DOCKFT 

CLERIC. 

ATTORNEY/REfRESENTATIVE ' ' 

Name; Att.nmey. rpprftspntation letter will follow 

Piim: 

Address: _ 

Phone No. 

Respectfully submitted, ^ r Cenogenics Corporation, 

iichael Katz. President 

cc: Hearing Docket Clerk 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, s.w. 

Room 924 A 

Washington, D.C. 20591 
1 

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U.S. DEPARTMENT OF rRANSjeORTATION 

FEDERAL AVIATION ADMINTSIRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Cenogenics Corporation 

2009EA700392 

Judge Not Assigned 

COMPTAINT 

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 

Respondent, Cenogenics Corporation, was advised through a Final Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in the amount of $13,750. On July 

28, 2010, Respondent .submitted a written demand for a hearing. 

n 

1. At all times relevant herein, Cenogenics Corporation (hereinaller Cenogenics), 

is a hazmat employer as defined by 49 C.F.R. §171.8. 

2. At all times mentioned herein, the Department of Fransportation Hazardous 

Materials Regulations (FIMR) (49 C.F.R. Parts 171-177) required Cenogenics, as a 

hazmat employer, to ensure that each of its hazmat employees was trained in 

accordance with the requirements of the FIMR, was tested by appropriate means on 

the training subjects covered in Section 172.704 (49 C.F.R. Section 172.704), and 

was precluded from performing any fijnction subject to the requirements of the 

HMR without first being instructed in the requirements of the HMR that apply to 

that function. 

3. On or about the following dales Cenogenics employee, Eileen Kerstcr 

prepared, certified, and signed the Shipper's Declarations For Dangerous Goods 
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for the following shipments of hazardous materials tendered for transportation by 

air, on behalf of Cenogenics, without having received required hazmat training. 

a. October 27, 2008 - A shipment declared to contain ""UNI 170, Ethanol 

Solution, Class 3, Packing Group 11" for transportation to Jalisco, 

Mexico; 

b. March 20, 2009 - A shipment declared to contain "UN 1986, Alcohols, 

Flammable, Toxic, N.O.S. (Ethyl Alcohol), Class 3 (6.1) Packing Group 

II" for transportation by air to Vienna, Austria. 

4. At no time prior to the preparation, certification or signing the Shipper's 

Declarations For Dangerous Goods that accompanied the hazardous materials 

shipments referred to above had Eileen Kerster received the general awareness 

hazardous materials training required by the HMR. 

5. At no time prior to the preparation, certification or signing the Shipper's 

Declarations For Dangerous Goods that accompanied the hazardous materials 

shipments referred to above had Eileen Kerster received the appropriate functionspecific training as required by the HMR. 

6. Cenogenics offered the above-described shipment of hazardous 

materials/dangerous goods for transportation by air when it did not instruct each 

officer, agent, and employee having responsibility for the shipments, including 

Eileen Kerster, as to the applicable Hazardous Materials Regulations (49 C.F.R. 

Sections 171, et. seq.). 

7. In addition, Cenogenics offered the above-described shipments of hazardous 

materials/dangerous goods for transportation by air when it did not provide an 

emergency response telephone number for use in the event of an emergency 

involving the hazardous materials, that was monitored at ail times the hazardous 

materials were in transportation, by a person who was either knowledgeable of the 

hazardous material being .shipped, and who had comprehensive emergency response 

and incident mitigation information or who had immediate access to a person who 

possessed such knowledge and information. 

8. Cenogenics offered the shipment of hazardous material described in allegation 

3(a) herein, when it did not describe the material in accordance with 49 CFR Part 

172.202(a)(1) and (a)(2). 

9. Specifically, Cenogenics described the haz.ardotis material on the Shipper's 

Declaration For Dangerous Goods as "UNII70, Ethanol Solution. Class 3, 
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Packing Group 11" when it should have described the hazardous material as 

UN 1993, Flammable Liquid. N.O.S. (ethanol). Class 3. Packing Group II. 

10. Cenogenics offered the shipment of hazardous material described in allegation 

3(b) herein, which is a mixture or solution of two or more hazardous materials when 

it did not provide the technical names of at least two components most 

predominantly contributing to tlie hazards of the mixture or solution, as required by 

49CFRFartl72.203(k). 

Ill 

By reason of the foregoing facts and circumstances. Respondent violated the following 

section(s) of the Department of Transportation Hazardous Materials Regulations: 

a. Section 172.202(a)(1), which states that the shipping description of a 

hazardous material on the shipping paper must include the identification 

number prescribed for the material as shown in Column (4) of the §172.101 

table. 

b. Section 172.202(a)(2), which states that the shipping description of a 

hazardous material on the shipping paper mu.st include the proper shipping 

name prescribed for the material in Column (2) of the §172.101 table. 

c. Section 172.203(k), which states that unless otherwise excepted, if a material 

is described on a shipping paper by one of the proper shipping names listed in 
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paragraph (k)(3) of this section, the technical name of the hazardous material 

must be entered in parentheses in association with the basic description. For 

example "Corrosive liquid, n.o.s., (Caprylyl chloride), 8, UN 1760, 11", or 

"Corrosive liquid, n.o.s., 8, UN 1760, 11 (contains Caprylyl chloride)". I'he 

word "contains" may be used in association with the technical name, if 

appropriate. For organic peroxides which may quality for more than one 

generic listing depending on concentration, tlie technical name must include 

the actual concentration being shipped or the concentration range for the 

appropriate generic listing. For example, "Organic peroxide type B, solid, 

5.2, UN 3102 (dibenzoyl peroxide, 52-100%)" or "Organic peroxide type E, 

solid, 5.2, UN 3108 (dibenzoyl peroxide, paste, <52%". 

Section 172.604(a), which states that a person who offers a hazardous 

material for transportation must provide a 24-hour emergency response 

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

asc in the event of an emergency involving the hazardous material. The 

telephone number must be (1) Monitored at all times tlie hazardous material 

is in transportation, including storage incidental to transportation; (2) The 

number of a person who is either knowledgeable of the ha7.ardous material 

being shipped and has comprehensive emergency response and incident 
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mitigation information for that material, or has immediate access to a person 

who possesses such knowledge and information and (3) Entered on a 

shipping paper, as follows: (i) Immediately following the description of the 

hazardous material required by subpart C of this part; or (ii) Entered once on 

the shipping paper in a clearly visible location. This provision may be used 

only if the telephone number applies to each hazardous material entered on 

the shipping paper, and if it is indicated that the telephone number is for 

emergency response information (for example: EMERGENCY 

CONTACT;***). 

c. Section 172.704(a)(1), which states that hazmat employee training shall 

include the following: Each hazmat employee shall be provided general 

awareness/familiarization 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. 

f Section 172.704(a)(2)(i), which states that, except as otherwise provided, 

each hazmat employee shall be provided fiinction-specific training 

concerning requirements of this .subchapter, or exemptions issued under 
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subchapter A of this chapter, which are specifically applicable to the 

flinctions the employee performs. 

g. Section 173.22(a)(l)&(2), which states that, except as otherwise provided in 

this part, a person may offer a hazardous material for transportation in a 

packaging or container required by this part only in accordance with the 

following: (1) The person shall class and describe the hazardous material in 

accordance with parts 172 and 163 of Uiis subchapter, and (2) The person 

shall detemiine that the packaging or container is an authorized packaging, 

including part 173 requirements, and that it has been manufactured, 

assembled, and marked in accordance with: (i) §173.(7)(a) and parts 173, 

178, or 179 of this subchapter; (ii) A specification of the Department in effect 

at tlie date of manufacture of the packaging and container; (iii) National or 

international regulations based on the UN Recommendations on the Transport 

of Dangerous Goods, as authorized in § 173.24(d)(2); (iv) An approval issued 

under this subchapter; or (v) An exemption or special permit issued under 

subchapter A of this chapter. 

IV 

1. Pursuantto49 U.S.C. §5123(a) of Chapter 51, Title 49 of the United States Code of 

Transportation, 49 U.S.C-§5123 Respondent is liable for a civil penalty of not less 
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than $250 ($450 for training violafions), nor greater than $50,000 ($100,000 if 

death, serious illness, severe injury, or substantial property damage results), for 

each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $13,750 is 

appropriate. 

WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative 

Law .ludge enter an order that Respondent be assessed a civil penalty in the amount of 

$13,750. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Coun.sel 

By: IXbizuAjVlar/i'itMA ^Paiik) ^ 

^Qy Jeanine ^. Gotimer ( j 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3272 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of 

the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must file a written answer to 

this Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days