U.S. Department ofTransportation Federal Aviation Administration 

### AUG 20 2013 CERTIFIED -RETURNRECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 Wilbur Wright Building 800 Independence Avenue, SW P .0. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX 

# RECEIVED AUG 2 62013 HEARING DOCKET Washington, DC 20591

. 

## d..Ojr016



# . lfOmS I"

# nn.2~

# rs**~** Re: Inthe Matter ofAirport Mailers, Inc. FAA Case No. 2012S0700256

### ~\3 ..-f\1,\)f\ ""L.:.KT" Enclosed herewithplease find a copy ofa request for hearing andthe original and one copy of the Complaint inthe above-referenced proceeding. The FAArequests that the hearing inthis matterbeheld inthe Charlotte, North Carolinaarea, and expects thatthe hearing will lasttwo days. Please address all communications for the FAAto the undersigned, at: Federal Aviation Administration Office ofthe Regional Counsel, ASO-7 Southern Region P.O. Box 20636 Atlanta, Georgia 30320 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely,

# ~ 

# r**~**

# -

JAMES H. DUNFEE, JR. Attorney Office ofthe Regional Counsel Enclosures

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS 

### FEDERALAVIATIONADMINISTRATION

# RECEIVED AUG 2 62013 FEDERAL AVIATION ADMINISTRATION, 

# NEARING DOCKET Complainant,

vs. Airport Mailer, Inc. Respondent.

JUDGE NOT YETASSIGNED FAADocketNo. Judge

COMPLAINT 

### The Federal AviationAdministration (FAA), bycounsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R 13.208), and states as follows: I. 

### 1. On July 31,2013, Respondent, Airport Mailer, Inc. was advisedthrough a Final Notice of Proposed Civil Penaltythat the FAAproposed to assess a civil penalty inthe amount of $24, 000. On August 15, 2013, the Agency Attorney received a writtenrequest for a hearing from the Respondent. II. 

### 2. At all times material herein Respondent On or about May 8, 2012, AirportMailers, Inc., ((Airpm1 Mailers)) knowingly offered to UPS a one-piece shipment consisting ofa fiberboard box containinghazardous materials for transportationby air. 3. The above-mentioned shipment was assigned UPS 3-day select air waybill number lZ 3F9 3 E6 12 9536 6256 The shipment was offeredbyJ Hansen, 1520 TurfDrive, Henderson, NV 89015, for transportation to the consignee, Terri, CheckpointMailers, 133 Allen Street, Kernersville, NC, 27284-2956. 4. At all times mentioned herein, the above-mentioned shipmentwas not accompanied by a Shipper's Certification or Declaration ofDangerous Goods.

### 5. On or about May 8, 2012, the above-mentioned shipment was transported tothe UPS sort facility in Louisville, Kentucky. 6-: 

### Onor about May 16, 2012, ground-handling personnel at the UPS sort facility discovered the above-mentioned shipment exhibiting a stain.

7. The above-mentioned fiberboard box contained: a) four butane lighters b) one 4-ounce aerosol container ofOld Spice "Denali" Body Spray c) one 6.7 ounce glass container ofCalvin Klein "CKOne" eau de toilette* d) other non-hazardous items. 8. Further investigation showed that an unknown quantity ofCalvin Klein "CKOne eau de toilette" had leaked into and through the fiberboard container. a) 8. (a) Butane lighters are classified as a hazardous material underthe Department ofTransportation Hazardous Materials Regulations (HMR) (49 C.F.R. § 

### 172.101). (1) Theproper shipping name ofthe material is Lighters, containing flammable gas. It

### is in Hazard Class 2.1 (Flammable Gas), and has an assigned identificationnumber ofUN1057. The proper label is FLAMMABLE GAS. (2) (b) Old Spice "Denali" Body Spray is classified as a hazardous material underthe Department ofTransportation Hazardous Materials Regulations (HMR) (49 C.F.R. § 

### 172.101). (1) The proper shipping name ofthe material is Aerosols, flammable. It

### is in Hazard Class 2.1 (Flammable Gas), andhas an assigned identification number ofUN1950. The properlabel is FLAMMABLE GAS. b) Calvin Klein "CKOne" eau de toilette is classified as a hazardous material under the Department ofTransportationHazardous Materials Regulations (HMR) (49 C.F.R. § 

### 172.101). (1) The proper shipping name ofthe material is Perfumery products with flammable solvents. It

### is in Hazard Class 3 (Flammable Liquid), Packing Group II and has an assigned identification number of UN1266. The proper label is FLAMMABLE LIQUID.9. Airport Mailers offeredthe above-described shipment ofhazardous material for transportationby air without shipping papers that included: (a) the assigned identification numberprescribedfor eachhazardous material; (b) the proper shipping name prescribed for eachhazardous material; (c) the hazard class prescribed for eachhazardous material; (d) the packing group prescribed for eachhazardous material; (e) the total net mass perpackage ofeachhazardous material; and, (f) the number and type ofpackages containinghazardous material. 10. Airport.Mailers offeredthe above-described shipmentofhazardous material for transportationby air and failed to: (a) certify thatthe materials werein accordance withthe HMR (49 C.F.R. §§ 171, et seg.) byprinting onthe shipping papersthe certification set forth in§ 172.204(a)(1), 172.204(a)(2), or § 172.204(c) ofthe HMR; 

## W prepare the required certifications induplicate; and, (c) add to the certificationrequired inthis sectionthe following statement: (d) "I declare that all ofthe applicable airtransport requirements have beenmet." 11. Airport Mailers offeredthe above-described shipment ofhazardous materials for transportationby air when: (a) the outer containerwas notmarked withthe proper shipping name ofeachhazardous material containedtherein; (b) the outer container was notmarked withthe assigned identification number ofeachhazardous material contained therein; (c) a "FLAMMABLE LIQUID" label was not affixedto the outer container; and (d) a "FLAMMABLE GAS" label was not affixed to the outer container....--------------------------------

12. Airport Mailers offeredthe above-described shipment ofhazardous material for transportationby air and failed to make emergency response information available for use at all times the hazardous material waspresent. 13. Airport Mailers offeredthe above-described shipment ofhazardousmaterial for transportationby air and failed to make an emergency response telephone number immediately available to the appropriate official person designatedto respond to an incident involving a hazardous material, orwho was conducting aninvestigation involving a hazardous material. 14. AirportMailers offeredthe above-described shipmentofhazardous material for transportationby air and failed to ensure that each ofits hazmat employees was trained in accordance withthe prescribed requirements as setforth in Section 172.704. 15. AirportMailers offeredthe above-described shipment ofhazardous material fer transportation by air whenthe packaging was not designed, constructed, maintained, filled, its contents so limited, and closed, so thatunder conditions normally incidentto transportation, there would be no identifiable release ofhazardous material to the environment. 16. Airport Mailers offeredthe above-described combination package ofhazardous materials for transportationby air when the innerpackagings were notpacked, secured, and cushionedto prevent theirbreakage orleakage and to control theirmovement withinthe outerpackaging under conditions normally incidentto transportation. 17. Airport Mailers offeredthe above-described combinationpackage ofhazardous materials for transportation by air when iimer packages were notproperlypackaged for transportation. III. Byreason ofthe above, AirportMailers violated the following Department ofTransportation Hazardous Materials Regulations (Title 49 ofthe Code ofFederal Regulations): 1. Section 171.2( e) inthat AirportMailers offered ortransported a hazardous material for transportation in commerce whenthe hazardous material was notproperly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements ofthis subchapter, or an exemption, approval, orregistration issued underthis subchapter orunder subchapter A ofthis chapter. 2. Sections 172.200(a) and 172.202(a)(1) inthat Airport Mailers offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the identification numberprescribed for the material as shownin Column4 ofthe 

### § 172.101 Table, inthe mannerrequiredbythis subpart.

### 3. Sections 172.200(a) and 172.202(a)(2) in that Airport Mailers offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the proper shipping name prescribed for the material as shown in Column 2 ofthe§ 172.101 Table. 4. Sections 172.200(a) and 172.202(a)(3) in that Airport Mailers offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the hazard class or division number prescribed for the material as shownin Column 3 ofthe § 

### 172.101 Table. 5. Sections 172.200(a) and 172.202(a)(4) inthat Airport Mailers offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the packing group in Roman numerals, as designated for the hazardous material in Column 5 ofthe § 172.101 Table. 6. Sections 172.200(a) and 172.202(a)(6) inthatAirport Mailers offered a hazardous material for transportation by aircraft and failed to describe the hazardous material on shipping papers showing the total mass perpackage, unless a gross mass is indicated in Columns (9A) or ·(9B) ofthe§ 172.101 Table in which case the total gross massperpackage mustbe shown; or, for Class 7 materials, the quantity ofrAirport Mailersoactive mustbe shown by activity. 7. Sections 172.200(a) and 172.202(a)(7) inthatAirport Mailers offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers indicating the number and type ofpackages (for example, "12 drums"). 8. Sections 172.204(a) or (c)(1) inthat AirportMailers offered a hazardous material for transportation and failed to certify that the material was offered for transportation in accordance with this subchapterby printing onthe shipping paper containingtherequired shipping description one ofthe certifications set forth in this part. 9. Section 172.204(c)(2) inthat Airport Mailers offered a hazardous material to an aircraft operator for transportationby air and failed to provide two copies ofthe certification required inthis section. 10. Section 172.204(c)(3) inthat Airport Mailers offered for transportationby air a hazardous material authorized for air transportation and failed to add to the certificationrequired inthis sectionthe following statement: "I declare that all ofthe applicable air transportrequirements have been met." 11. Section 172.301(a) inthat Airport Mailers offered for transportation a hazardous material in a non-bulkpackaging and failed to markthe package withthe proper shipping name and identificationnumber (preceded by "UN" or "NA", as appropriate) for the material as shown inthe §

### 172.101 table.

### 12. Section 172.400(a) inthat Airport Mailers offered for transportation a hazardous material in one ofthe packages or containment devices listed inthis subpart and failed to label the package or containment device with the labels specified for the material in the§172.101 Table and in this subpart. 13. Sections 172.400 and 172.404(a) in that Airport Mailers offered a package containing a hazardous material for transportation whenthe package contained hazardous materials having different hazard classes packed withinthe same packaging, outside container, or overpack and failed to label the packaging, outside container, oroverpack as required for each class ofhazardous material containedtherein. 14. Section 172.600(c)(I)

### inthat Airport Mailers offered for transportation a hazardous material and failed to make the emergency response information conformingtothis subpart immediately available for use at all times the hazardous material was present. 15. Section 172.600(c)(2) inthatAirport Mailers offered for transportation a hazardous·material and failed to make emergency response informationincluding the emergency response telephone number, immediately available to any government agency responding to an incident involvinghazardous materials or conducting an investigationwhich involves a hazardous material. 16. Section 172.702(a) inthat AirportMailers offered a hazardous material for transportation and failed to ensure that each ofits hazmat employees was trained in accordance withthe requirements prescribed inthis subpart. 17. Sections 173.21(i) and 173.308 in that Airport Mailers offered for transportation materials designated forbidden (cigarette lighters) when it was notpackaged as required inthese sections. 18. Section 173.24(b)(1) inthat Airport Mailers 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 (without the use of instruments) release ofhazardous material to the environment. 19. Pursuantto 49 U.S.C. Section 5123(a), Airport Mailers is subject to a civil penalty not lowerthan $250 ($450 for training-related violations), nor greater than $50,000 ($100,000 ifdeath, serious illness, severe injury, or substantial property damage results), for each violation ofthe Department ofTransportation Hazardous Materials Regulations. 20. Underthe facts and circumstances ofthis case, a civil penalty of$24,000 IS 

### appropriate.WHEREFORE, the Agency, by counsel respectfully requests thatthe Administrative LawJudge enter an orderthat Respondentbe assessed a civil penalty inthe amount of$24,000. Respectfully submitted this 

### 2.0'G. day of

## ~u~u.e+ 

# ,2013.

Attorney Office ofthe Regional Counsel



### PLEASE NOTE: Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answerto this Complaint, 

### ota written Motion to Dismiss ifappropriate, not laterthan 30 days afterthe date shownonthe Certificate ofService whichfollows. 

### CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complainthas beenmailedthis date by Certified Mail, Return Receipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2WIOOO WilburWright Building 800 Independence Avenue, SW Washington, DC 20591 President Airport Mailers, Inc. 13420 Reese BlvdW Huntersville, NC 28078 President Airport Mailers, Inc. PO Box 2965 Huntersville, NC 28070 John L. Wright, Esq. 11705 Airport Way, Suite 307 Broomfield, CO 80021 (original+ 1 copy)JohnF. Hanzel, P.A. 19425-G Liverpool Parkway Cornelius, N.C. 28031 

### \()(N\1'1\K'l)

# ~.**~D** DONNAE. STANLEY \ Legal Assistant
AIJG 

## 2

## n 2013 Dated r•vv -

# John F. Hanzel, P.A. . -·

John F. Hanzel, Esq. 

### I Licensed in NC & VA jfh@ncfawoffice.com

James

### H. Dunfee, Jr. Federal/'.,.,viation Administration Office ofthe Regional Counsel P.O. Box 20636 Atlanta, Georgia 30320 Attorneys at Law

August 13, 2013 David A. Grassi, Esq. 

### I Licensed in NC David@nclawoffice.com Matthew l. Spencer, Esq. 

### I Licensed in NC mspencer@nclawoffice.com 

# RECEIVED AUG 2 62013 HEARING DOCKET

Re: Request for Hearing; Airport Mailers, Inc., 

### Case No. 2012S0700256

Mr. Dunfee: Enclosed please find a copy ofthe request for hearing mailed to the Federal Aviation Administration at 800 Independence Avenue SW, Wilbur Wright Building, Suite 2WIOOO, Washington, DC 20591, Attention Hearing Docket Clerk, AGC-430.

Ifyou have any questions, please feel free to contact me. Sincerely,

JFH/mls

19425-G Liverpool Parkway 

## I Cornelius, North Carolina 28031 

## I office: 704-892-1375 

## I fax: 704-892-5784 www.nclawoffice.com..... · .. 

# John F. Hanzel,

__**P.A~~-'·** 

# · Attorneys at**Law---;~'-:::"1..-.::**::::"'.'-',ihi''i$ John F. Hanzel, Esq. 

### I Licensed in NC & VA. jfh@nclawoffice.com

Federal Aviation Administration 800 Independence Avenue SW Wilbur Wright Building Suite 2W1000 Washington, D.C. 20591 Attention: Hearing Docket Clerk, AGC-430 August 13, 2013 David A. Grassi, Esq. 

## I Licensed in NC David@nclawoffice.com Matthew L. Spencer, Esq. 

## I Licensed in NC mspencer@nclawoffice.com



### Re: Request for Hearing; Airport Mailers, Inc., Case No. 2012S0700256 Hearing Docket Clerk: Our firm has been retained byAirportMailers, Inc. to draft a letter requesting that a hearing be scheduled to address the proposed civil penalty inthe abovereferenced matter. 

### A copy ofthis request for hearing is also being mailed to James H. Dunfee, Jr. at the office ofregional counsel. Please let this letter serve as a formal request for a hearingpursuant to, 14 C.P.R. §13.16.

Ifyouhave any questions, please feel free to contact me.

CC: James H. Dunfee, Jr. JFH/mls

19425-G Liverpool Parkway 

## I Cornelius, North Carolina 28031 

## I office: 704-892-1375 

## I fax: 704-892-5784

a•-•-•• --1-a.a-U!--

----U.S. Department ofTransportation Federal Aviation Administration 

### JUL 3 1 2013 Southern Region Office of the Regional Counsel

CERTIFIED MAIL- RETURN RECEIPT REQUESTED REGULAR MAIL P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX

Case No. 2012S0700256 President Airport Mailers, Inc. 15723 Berryfield St. Huntersville, NC 28078 President Airport Mailers, Inc. PO Box 2965 Huntersville, NC 28070

FINAL NOTICE OF PROPOSED CIVIL PENALTY On February 06, 2013, you were advised through a Notice ofProposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$48,000. After considering all the evidence in this matter, including information submitted during and after the informal conference on May 20, 2013, and documents sent by Heather Lowery, it appears that: 1. On or about May 8, 2012, Airport Mailers, Inc., ((Airport Mailers)) knowingly offered to UPS a one-piece shipment consisting ofa fiberboard box containing hazardous materials for transportation by air. 2. The above-mentioned shipment was assigned UPS 3-day select air waybill number lZ 3F9 3 E6 12 9536 6256 The shipment was offered by J Hansen, 1520 TurfDrive, Henderson, NV 89015, for transportation to the consignee, Terri, Checkpoint Mailers, 133 Allen Street, Kernersville, NC, 27284-2956. 3. At all times mentioned herein, the above-mentioned shipment was not accompanied by a Shipper's Certification orDeclaration ofDangerous Goods. 4. On or about May 8, 2012, the above-mentioned shipment was transported to the UPS sort facility in Louisville, Kentucky.5. On or about May 16, 2012, ground-handling personnel at the UPS sort facility discovered the above-mentioned shipment exhibiting a stain.

6. The above-mentioned fiberboard box contained: a) four butane lighters b) one 4-ounce aerosol container ofOld Spice "Denali" Body Spray c) one 6.7 ounce glass container ofCalvin Klein "CK One" eau de toilette* d) other non-hazardous items. 7. Further investigation showed that an unknown quantity ofCalvin Klein "CK One eau de toilette" had leaked into and through the fiberboard container. 8. (a) Butane lighters are classified as a hazardous material under the Department ofTran·sportation Hazardous Materials Regulations (HMR) (49 C.F.R. § 172.101 ). (I) The proper shipping name ofthe material is Lighters, containing flammable gas. It is in Hazard Class 2.1 (Flammable Gas), and has an assigned identification number ofUN1057. The proper label is FLAMMABLE GAS. (b) Old Spice "Denali" Body Spray is classified as a hazardous material under the Department ofTransportation Hazardous Materials Regulations (HMR) (49 C.F.R. § 172.101). (I) The proper shipping name ofthe material is Aerosols, flammable. It is in Hazard Class 2.1 (Flammable Gas), and has an assigned identification number ofUN 1950. The proper label is FLAMMABLE GAS. c) Calvin Klein "CK One" eau de toilette is classified as a hazardous material under the Department ofTransportation Hazardous Materials Regulations (HMR) (49 C.F.R. § 172.101). (1) The proper shipping name ofthe material is Perfumeryproducts with flammable solvents. It is in Hazard Class 3 (Flammable Liquid), Packing Group II and has an assigned identification number ofUN1266. Theproper label is FLAMMABLE LIQUID. 9. Airport Mailers offered the above-described shipment ofhazardous material for transportation by air without shipping papers that included: 23 (a) the assigned identification number prescribed for each hazardous material; (b) the proper shipping name prescribed for each hazardous material; (c) the hazard class prescribed for each hazardous material; (d) the packing group prescribed for each hazardous material; (e) the total net mass per package ofeach hazardous material; and, (f) the number and type ofpackages containing hazardous material. ·J 0. Airport Mailers offered the above-described 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 seq.) by printing on the shipping papers the certification set forth in § 172.204(a)(l), 172.204(a)(2), or § 172.204(c) ofthe HMR; (b) prepare the required certifications in duplicate; and, (c) add to the certification required in this section the following statement: "I declare that all ofthe applicable air transport requirements have been met."
I I

. Airport Mailers offered the above-described shipment ofhazardous materials for transportation by air when: (a) the outer container was not marked with the proper shipping name ofeach hazardous material contained therein; (b) the outer container was not marked with the assigned identification number ofeach hazardous material contained therein;

and (c) a "FLAMMABLE LIQUID" label was not affixed to the outer container; (d) a "FLAMMABLE GAS" label was not affixed to the outer container. 12. Airport Mailers offered the above-described shipment ofhazardous material for transportation by air and failed to make emergencyresponse information available for use at all times the hazardous material was present. 13. Airport Mailers offered the above-described shipment ofhazardous material for transportation by air and failed to make an emergencyresponse telephone number immediatelyavailable to the appropriate official person designated to respond to an incident involving a hazardous material, or who was conducting an investigation involving a hazardous material. I4. Airport Mailers offered the above-described shipment ofhazardous material for transportation by air and failed to ensure that each ofits hazmat employees was trained in accordance with the prescribed requirements as set forth in Section 172.704. 4

I5. Airport Mailers offered the above-described shipment ofhazardous material for transportation by air when the packaging was not designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normally incident to transportation, there would be no identifiable release ofhazardous material to the environment. 16. Airport Mailers offered the above-described combination package ofhazardous materials for transportation by air when the inner packagings were not 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. 17. Airport Mailers offered the above-described combination package ofhazardous materials for transportation by air when inner packages were not properly packaged for transportation. Byreason ofthe above, Airport Mailers violated the following Department ofTransportation Hazardous Materials Regulations (Title 49 ofthe Code ofFederal Regulations): I. Section 171.2(e) in that Airport Mailers offered or transported 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 ofthis subchapter, or an exemption, approval, orregistration issued under this subchapter or under subchapter A ofthis chapter. 2. Sections 172.200(a) and 172.202(a)(l) in that Airport Mailers offered a hazardous material for transportation and failed to describe the hazardous material on shippingpapers including the identification number prescribed for the material as shown in Column 4 ofthe § 172.10I Table, in the manner required by this subpart. 3. Sections 172.200(a) and 172.202(a)(2) in that Airport Mailers offered a hazardous material for transportation and failed to describe the hazardous material on shippingpapers includingthe proper shipping name prescribed for the material as shown in Column 2 ofthe§ 172.10I Table. 4. Sections 172.200(a) and 172.202(a)(3) in that Airport Mailers offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the hazard class or division number prescribed for the material as shown in Column 3 ofthe 

### § 172.I0 I Table.5 5. Sections 172.200(a) and 172.202(a)(4) in that Airport Mailers offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the packing group in Roman numerals, as designated for the hazardous material in Column 5 ofthe § 172.10I Table. 6. Sections 172.200(a) and 172.202(a)(6) in that Airport Mailers offered a hazardous material for transportation by aircraft and failed to describe the hazardous material on shipping papers showing the total mass per package, unless a gross mass is indicated in Columns (9A) or (9B) ofthe § 172.10I Table in which case the total gross mass per package must be shown; or, for Class 7 materials, the quantity ofrAirport Mailersoactive must be shown by activity. 7. Sections 172.200(a) and 172.202(a)(7) in that Airport Mailers offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers indicating the number and type ofpackages (for example, "12 drums"). 8. Sections 172.204(a) or(c)(l) in that Airport Mailers offered a hazardous material for transportation and failed to certify that the material was offered for transportation in accordance with this subchapter byprinting on the shipping paper containing the required shipping description one ofthe certifications set forth in this part. 9. Section 172.204(c)(2) in that Airport Mailers offered a hazardous material to an aircraft operator for transportation by air and failed to provide two copies ofthe certification required in this section. 10. Section 172.204(c)(3) in that Airport Mailers 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 ofthe applicable air transport requirements have been met." 11. Section 172.301 (a) in that Airport Mailers 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. I2. Section 172.400(a) in tha(Airport Mailers offered for transportation a hazardous material in one ofthe packages or containment devices listed in this subpart and failed to label the package or containment device with the labels specified for the material in the §172.101 Table and in this subpart. 13. Sections I72.400 and I72.404(a) in that Airport Mailers offered a package containing a hazardous material for transportation when the package contained hazardous materials having different hazard classes packed within the same packaging, outside container, or overpack and failed to label the packaging, outside container, oroverpack as required for each class ofhazardous material contained there!n.14. Section 172.600(c)(l) in that Airport Mailers offered for transportation a hazardous material and failed to make the emergency response infonnation conforming to this subpart immediately available for use at all times the hazardous material was present. 15. Section 172.600(c)(2) in that Airport Mailers offered for transportation a hazardous material and failed to make emergency response information including the 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. 16. Section 172.702(a) in that Airport Mailers offered a hazardous material for transportation and failed to ensure that each ofits hazmat employees was trained in accordance with the requirements prescribed in this subpart. 17. Sections 173.21 (i) and 173.308 in that Airport Mailers offered for transportation materials designated forbidden (cigarette lighters) when it was not packaged as required in these sections. 18. Section I 7 3.24(b)(I) in that Airport Mailers 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 (without the ·use of instruments) release ofhazardous material to the environment. In accordance with Section 5123(a) ofChapter 51, Title 49 ofthe United States Code of Transportation, 49 U.S.C. §5123, AIRPORT MAILERS is liable for a civil penalty ofnot less than $250 ($450 for training violations), nor greater than $50,000 ($1 00,000 ifdeath, serious illness, severe injury, or substantial property damage results), for each violation ofthe regulations. · - After reviewing our investigative file, we propose to assess a civil penalty in the amount of $24,000 for these violations. This amount includes consideration ofAIRPORT MAILERS's ability to pay. Unless you mail or personally deliver, in writing, your request for a hearing in this matter, on or before fifteen (15) pays after you receive this Final Notice, we will issue an Order Assessing Civil Penalty and you will have no further right to a hearing. Ifyou do not submit a written request for a hearing, you must pay the proposed civil penalty. 6Your request for a hearing must be sent to the Federal Aviation Administration, 600 Independence Avenue SW, Wilbur Wright Building, Suite 2WIOOO, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 (ifdelivery is in person or via expedited courier service) or Federal Aviation Administration, 800 Independence Avenue SW, Wilbur Wright Building, Suite 2Wl000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 (ifdelivery is via U.S. Mail), and a copy must be sent to the undersigned FAA attorney. Your request must be dated and signed, in accordance with section 13. I 6 ofthe Federal Aviation Regulations, sent to you with the Notice ofProposed Civil Penalty (14 C.F.R. §I 3. I6). You may pay the proposed penaltyby submitting a certified check or money order payable to the "Federal Aviation Administration" to the undersigned. RANDY ELLEN HYMAN ACTING REGIONAL COUNSEL

JAMES H. DUNFEE, JR. Attorney Offic: ofthe Regional Counsel Enclosures 77 You may pay the proposed penalty by submitting a certified check or money order payable to the "Federal Aviation Administration" to the undersigned. RANDY ELLEN HYMAN ACTING REGIONAL COUNSEL



### BY:

# ;h--;r 

# ;i 

# tf2-r
JAMES H. DUNFEE, JR. Attorney Office ofthe Regional Counsel Enclosures



### CERTIFICATE OF SERVICE I hereby certify that the foregoing Final Notice ofProposed Civil Penalty has been sent by certified mail and regular mail to: President Airport Mailers, Inc. 13420 Reese Blvd W Huntersville, NC 28078 President Airport Mailers, Inc. PO Box 2965 Huntersville, NC 28070 John L. Wright, Esq. 11705 Airport Way, Suite 307 Broomfield, CO 80021 

# l{lnvruv**pta~** Donna Stanley Legal Assistant Office ofthe Regional Counsel 

### JUL 3 1 2013 Dated