U,S, Depcr7men7 ofTransportation Federal Aviation Administration March 1, 2016 Via Federal Express Hearing Docket OfficeoftheChiefCounsel

Attention: Hearing Docket Clerk, AGC-430 Federal AviationAdministration 600 Independence Avenue, S.W. Wilbur Wright Building

- Suite 2W1000 Washington, DC 20591 EnforcementDivision SouthwestTeam 10101HillwoodParkway FortVVorth,Texas 76177 (817)222-5099 (817)222-5945/5092FAX

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Re: In theMatter of StoneMotors, Inc., and/orDavid Stone, FDMS No. FAA-2015-3319 Dear Hearing Docket Clerk: Enclosedplease find a copy of Stone Motors Inc., and/or David Stone's request for a hearing dated February 16, 2016. I have also enclosed the FAA's original complaint and one copy.I request this hearing to be held in Fort Worth, Texas. I expect the hearing to last two days. Please address all communications to the following attorney: James Archier, SeniorAttorney Enforcement Division, Southwest Team Federal AviationAdministration 10101 Hillwood Parkway Fort Worth, Texas 76177 E-mail: james.archier@faa.gov (817) 222-5074 (Phone) (817) 222-5945 (Fax)Respectfully submitted this l"tday of March 2016.

Peter J. Lynch Assistant Chief Counsel for Enforcement**~-\** 

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# ,~LUuk /? ,dames Archier, SeniorAttorney**/~** /Enforcement Division, Southwest Team / / Federal Aviation Administration

/ 1 / 10101 Hillwood Parkway ./ Fort Worth, Texas 76177 / / E-mail: james.archier@faa.gov /**~./** Telephone: (817) 222-5099 (Main) (817) 222-5074 (Direct) (817) 222-5945 (Fax)

cc: Mr. Cary G. Rochelle, Esq.

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# CaryG.

# Rochelle AttorneyatLawand

# Mediator

February16,2016 Mr.JamesArchier,Esq. FAAOfficeoftheChiefCounsel EnforcementDivision,SouthwestTeam 10101HillwoodParkway,6N-300 FortWorth,Texas76177 HearingDocket FederalAviationAdministration 600IndependenceAvenue,SW Wilbur WrightBuilding-Suite2W1000 Washington,D.C.20591 Attention:HearingDocketClerk,AGC-430 OFFICES 2224 ST.MICHAELDR. TEXARKANA,TEXAS75503 TELEPHONE: (903794-2224 FAX{903)**792~2380**



### RE: StoneMotorsIncorporatedand/orDavidStone,FAACaseNo.2014SW700157 Enclosedforfiling,pleasefindtheReplyForminresponsetotheNoticeofProposed PenaltyreceivedbymyclientonJanuary20,2016. Wehaverequestedaninformal, telephonicwithanFAAAttorney,aswellasahearinginthismatterifthe informalhearing isunsuccessful. Thankyouforyourcooperationandifyouneedanythingadditionally,pleasecontact me.

EnforcementDivision

SouthwestTearn 

### FEB18

### 2016 SincerelyYours, 

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### CaryG.Rochelle AttorneyatLaw rochellelaw@cableone.net

### U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS WASHINGTON, DC

In theMatter of: FAA DOCKET No. Not Assigned StoneMotors Inc., and/or David Stone Respondent
JudgeNotAssigned Case No. 2014SW700157 (Civil PenaltyAction) FDMS No. FAA-2015:,-3319

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### COMPLAINT**~-** (I :
__, '- ' The Federal Aviation Administration ("FAA") files its complaint under Rule 208 of the Rules of Practice in FAA Civil PenaltyActions, 14 C.F.R. § 13.208 and states the following:
I. By Notice of Proposed Civil Penalty dated January 19, 2016, Stone Motors Incorporated ("Stone Motors") was advised that the Federal Aviation Administration ("FAA") proposed to assess a civil penalty of $33,950.00. By Amended Notice of Proposed Civil Penalty dated March 1, 2016 Stone Motors Incorporated was advised that the Federal Aviation Administration ("FAA") proposed to assess a civil penalty of $33,950.00 1. On June 20, 2014, Stone Motors Incorporated ("Stone Motors") knowingly offered Federal Express Corporation two undeclared packages of hazardous materials for transportation by air from Texarkana, Texas to Petty, Texas. 2. The above-mentioned shipment was assigned Federal Express tracking number 8055-6867-7056. The shipments were offered by Stone Motors, 917 New Boston Road, Texarkana, Texas 75501 for transportation by air to the consignee, Jake Hardy Dealers, 16196 US Highway 85 W. Petty, Texas 75470. 3. The above-shipment was not accompanied by a Shipper's Certification or Declaration of Dangerous Goods.

### 4. On or about, June 21, 2014, the shipment was discovered leaking at the Federal Express Alliance Municipal Airport sort facility in Fort Worth, Texas. 5. The shipment consisted of

a.One (1) metal container of Dupont Nason Ful-Base Medium Reducer, Item #441-21, 0946 liters. This item was intact with a sealed friction cap and did not leak. b.One (1) gallon metal can of Dupont Nason Fast-Dry Machinery &

### Equipment Acrylic/Enamel. The part number was M2469IE. This item released into the environment. 6. Dupont Nason Ful-Base Medium Reducer Item # 441-21 and Dupont Nason Fast-DryMachinery &

### Equipment Acrylic/Enamel are regulated by the Department of Transportation Hazardous Materials Regulations, 49 C.F.R. § 171 et. seq. 

### 7. The proper shipping name for Dupont Nason Ful-Base Medium Reducer is Paint Related Material, hazard class 3, Packing Group II. Its UN identification number is UN1263. 8. The proper shipping name for Dupont Nason Fast-Dry Machinery &

### Equipment Acrylic/Enamel is Paint, hazard class 3, Packing Group II. 9. Stone Motors offered hazardous material for transportation by air in commerce when the material was not properly classed, described, packaged, marked, labeled, and in a condition for shipment as requiredby the hazardous material regulations. 10. Stone Motors offered hazardous material for transportation by air when the shipping papers did not include: (a) the identification number prescribed for the material as shown in Column (4) of the§ 172.101 table; (b) the proper shipping name prescribed for the material in Column (2) of the§ 172.101 table. (c) the hazard class or division number prescribed for the material, as shown in Column (3) of the § 172.101 table.

2(d) the packing group in Roman numerals, as designated for the hazardous material in Column (5) of the§ 172.101 table; (e) the total net mass per package must be shown unless a gross mass is indicated in Columns (9A) or (9B) of the § 172.101 table in which case the total gross mass per package must be shown; (f) the number and type packages must be indicated. 11. Stone Motors offered hazardous material for transportation by air and failed to certifyby printed certification, in the manner allowed by 49 C.F.R. §§ 172.204(a)(1) or 172.204(a)(2), that the material was unoffered for transportation in accordance with the hazardous material regulations. 12. Stone Motors offered a hazardous material for transportation in air commerce in non-bulk packaging and failed to mark the package with the proper shipping name and identification number of the material as shown in the § 172.101 Table. 13. Stone Motors offered liquid hazardous materials in non-bulk packaging for transportation by air and failed to use legibly marked orientation markings on two opposite vertical sides of the package with the arrows pointing in the correct upright direction. 14. Stone Motors offered hazardous material for transportation by air and failed to label the package or containment device with the label specified in Section 172.101 Table and Subpart E of the hazardous material regulations. 15. Stone Motors offered hazardous material for transportation by air and failed to include the emergency response telephone number, required by this subpart, immediately available to any person who as a representative of a Federal, State or local government agency responds to an incident involving hazardous material, or is conducting an investigation which involves a hazardous material. 16. Stone Motors offered hazardous material for transportation by air and failed to train the HAZMAT employee who offered the shipment. 17. Stone Motors offered hazardous material for transportation by air and failed to package the hazardous material in a package
3that 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 materials into the environment. 18. Stone Motors offered hazardous material for transportation by air and failed to package the material as prescribed or permitted by the hazardous material in a packaging section specified for that material in Column 8 of the §172.101 table and conforms to applicable requirements in the special provisions of Column 7 of the §172.101 table and for specification packagings the specification requirements in parts 178 and 179 of this subchapter. 19. Stone Motors offered hazardous material for transportation by air and failed to pack, secure and cushion inner packagings of the shipment so as to prevent breakage and leakage. 20. By reason of the above, Stone Motors violated the following Department of Transportation Hazardous Materials Regulations Title 49 of the Code of Federal Regulations:

a. Section 171.2(e), [49 C.F.R. § 171.2(e)] in that it offered hazardous material for transportation by air in commerce when the material was not properly classed, described, packaged, marked, labeled, and in a condition for shipment as required or authorized by applicable requirements of the hazardous material regulations. b. Section 172.200(a), [49 C.F.R. § 172.200(a)] which requires that each person offering a hazardous material for transportation to properly describe the hazardous material on the shipping papers.

c. Section 172.202(a)(1), [49 C.F.R. § 172.202(a)(1)] in that it offered hazardous material for transportation in air commerce when the required hazardous material description on the shipping papers did not include the identification number prescribed for the material as shown in Column 4 of the§ 172.101 Table. d. Section 172.202(a)(2), [49 C.F.R. § 172.202(a)(2)] in that it offered hazardous material for transportation in air commerce when the required hazardous material description on the shipping papers did not include the proper shipping name prescribed for the material in Column 2 of the§ 172.101 Table.



### 4e. Section 172.202(a)(3), [49 C.F.R. § 172.202(a)(3)] in that it offered hazardous material for transportation in air commerce when the required shipping papers did not include the hazard class or division number prescribed for the material, as shown in Column (3) in the Hazardous Materials Table, referenced in section 172.101. f. Section 172.202(a)(4), [49 C.F.R. § 172.202(a)(4)] in that it offered hazardous material for transportation in air commerce when the required shipping papers did not include the Packing Group, in Roman numerals, prescribed for the material in Column 5 of the§ 172.101 Table.
g. Section 172.202(a)(6), [49 C.F.R. § 172.202(a)(6)] in that it offered hazardous material for transportation in air commerce and failed to describe on the shipping papers the total net mass per package, unless a gross mass is indicated in Columns (9A) or (9B) of the § 172.101 Table. h. Section 172.202(a)(7), [49 C.F.R. § 172.202(a)(7)] in that it offered hazardous material for transportation in air commerce and failed to describe on the shipping papers the number and type of packages. i. Section 172.204(a), [49 C.F.R. § 172.204(a)] in that it offered hazardous material for transportation by air and failed to certifyby printed certification, in the manner allowed by 49 C.F.R. §§ 172.204(a)(1) or 172.204(a)(2), that the material was offered for transportation in accordance with the hazardous material regulations. j. Section 172.300, [49 C.F.R offering hazardous material for each package, freight container the hazardous material. § 172.300], in that each person transportation to properlymark and transport vehicle containing

k. Section 172.301(a), [49 C.F.R. § 172.30l(a)] in that it offered a hazardous material for transportation in air commerce in non-bulk packaging and failed to mark the package with the proper shipping name and identification number of the material as shown in the§ 172.101 Table. l. Section 172.312(a)(2), [49 C.F.R. § 172.312(a)(2)] in that it offered liquid hazardous materials in non-bulk packaging for transportation by air and failed to use legiblymarked orientation markings on two opposite vertical sides of the

5package with the arrows pointing in the correct upright direction.

m. Section 172.400(a), [49 C.F.R. § 172.400(a)] in that it offered hazardous material requiring labeling under the hazardous material regulations for transportation in air commerce and failed to label the non-bulk package or containment device with the label specified in Section 172.101 Table and Subpart E of the hazardous material regulations.

n. Section 172.600, [49 C.F.R. § 172.600)], in that each person offering a hazardous material for transportation to provide and maintain emergency response information during transportation and at the facility where hazardous materials are loaded for transportation, stored incidental to transportation or otherwise handled during any phase of transportation.

o. Section l72.600(c)(2), [49 C.F.R. § 172.600)(c)(2)], in that it offered hazardous material for transportation by air and failed to include the emergency response telephone number, required by this subpart, immediately available to any person who as a representative of a Federal, State or local government agency responds to an incident involving hazardous material, or is conducting an investigation which involves a hazardous material. p. Section 172.702(a), [49 C.F.R. § 702(a)] in that it offered hazardous material for transportation by air and failed to train the HAZMAT employee who offered the shipment.
q. Section 173.l(b), [49 C.F.R. § 173.l(b)], which prohibits the shipment of hazardous material by air that was not packed in packaging specified in Part 173.

r. Section 173.24(b)(1), [49 C.F.R. § 173.24(b)(1)], in that it offered hazardous material for transportation by air and failed to package the hazardous material in a package that 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.

s. Section 173.24(c)(1), [49 C.F.R. § 173.24(c)(1)], in that it offered hazardous material for transportation by air and failed to package the material as prescribed or permitted by the hazardous material in a packaging section specified for that material in Column 8 of the §172.101 table and conforms to


### 6applicable requirements in the special provisions of Column 7 of the §172.101 table and for specification packagings the specification requirements in parts 178 and 179 of this subchapter.
t. Section 173.24a(a)(3), [49 C.F.R. § 173.24a(a)(3)], in that it offered hazardous material for transportation by air failed to pack, secure and cushion inner packagings of the shipment so as to prevent breakage and leakage.
II. Pursuant to Section 107.329 of the Federal hazardous material transportation law, as amended, [49 C.F.R. § 107.329 and 49 U.S.C. § 5123(a)(1) ] Stone Motors is liable for a civil penalty not to exceed $75,000 for each violation alleged. Under the facts and circumstances of this case a civil penalty of $33,950.00 is appropriate. WHEREFORE, the Federal Aviation Administration respectfully requests that that the Administrative Law Judge enter an Order that Stone Motors be assessed a civil penalty in the amount of $33,950.00 for the violations alleged in the complaint. Respectfully submitted this 1st day of March 2016.

Peter J. Lynch Assistant Chief Counsel for Enforcement

### /~--\

# ~, I I**By:~·~ ,.,.//~Jam74**  Archier

### ~**Se~ior** Attorney /**E~rcement** Drvrsron, Southwest Team /

### ~deral Aviation Administration / //10101 Hillwood Parkway 

# I /

./ Fort Worth, Texas 76177 / 

# L/// E-mail: james.archier@faa.gov Telephone: (817) 222-5099 (Main) (817) 222-5074 (Direct) (817) 222-5945 (Fax)


### 7PleaseNote Pursuant to Title 14 CFR § 13.209(a), you are required to file a written answer to this Complaint, or a writtenmotion to dismiss if appropriate, not later than thirty (30) days after the date shown on the Certificate of Service which is attached to this document. CERTIFICATE Re: In theMatter ofStone Motors Inc., and/orDavid Stone, FDMS No. FAA-2015-3319. I hereby certify that on this day, I have sent via Federal Express an executed original andone copy of the Complaint, addressed as follows: Hearing Docket Attention Hearing Docket Clerk Federal Aviation Administration 600 Independence Avenue, SW Washington DC 20591 Wilbur Wright Building-Suite 2W1000 Washington, DC 20591



### 8I further certify that on this date, I have sent via Federal Express a true copy of the Complaint, addressed as follows to:

Mr. Cary G. Rochelle 2224 St. Michael Drive Texarkana, Texas 75503

TEL: (903) 794-2224 FAX: (903) 792-2380 EMAIL: rochellelaw@cableone.net

Peter J. Lynch Assistant Chief Counsel for Enforcement

1 Aviation Administration 101 Hillwood Parkway Fort Worth, Texas 76177 E-mail: james.archier@faa.gov Telephone: (817) 222-5099 (Main) (817) 222-5074 (Direct) (817) 222-5945 (Fax)



### 9 Dated: March l, 2016