U,S, Depcr7men7 

of Transportation 

Federal Aviation 

Administration 

March 1, 2016 

Via Federal Express 

Hearing Docket 

Office of the Chief Counsel 

Attention: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

Enforcement Division 

Southwest Team 

10101 Hillwood Parkway 

FortVVorth, Texas 76177 

(817) 222-5099 

(817) 222-5945/5092 FAX 

< 

' ·~-' § 

Cl2 

Re: In the Matter of Stone Motors, Inc., and/or David Stone, 

FDMS No. FAA-2015-3319 

Dear Hearing Docket Clerk: 

Enclosed please 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, Senior Attorney 

Enforcement Division, Southwest Team 

Federal Aviation Administration 

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"t day of March 2016. 

Peter J. Lynch 

Assistant Chief Counsel 

for Enforcement 

~-\ 

.··// J /~ 

,~LUuk /? ,dames Archier, Senior Attorney 

/~ /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. 

2 
Cary G. Rochelle 

Attorney at Law and Mediator 

February 16,2016 

Mr. James Archier, Esq. 

FAA Office of the Chief Counsel 

Enforcement Division, Southwest Team 

10101 HillwoodParkway, 6N-300 

Fort Worth, Texas 76177 

Hearing Docket 

Federal Aviation Administration 

600 Independence A venue, SW 

Wilbur Wright Building- Suite 2W1 000 

Washington, D.C. 20591 

Attention: Hearing Docket Clerk, AGC-430 

OFFICES 

2224 ST. MICHAEL DR. 

TEXARKANA, TEXAS 75503 

TELEPHONE: 

(903 794-2224 

FAX {903) 792~2380 

RE: Stone Motors Incorporated and/or David Stone, FAA Case No. 2014SW700157 

Enclosed for filing, please find the Reply Form in response to theN otice of Proposed 

Penalty received by my client on January 20, 2016. We have requested an informal, 

telephonic with an FAA Attorney, as well as a hearing in this matter if the informal hearing 

is unsuccessful. 

Thank you for your cooperation and if you need anything additionally, please contact 

me. 

Enforcement Division 

Southwest T earn 

FEB 18 2016 

Sincerely Yours, 

/ /} /:J r 'f{ 

7

-c1· · 'C.,-/ft .!' --- ~ 

Cary G. Rochelle 

Attorney at Law 

rochellelaw@cableone.net 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of: FAA DOCKET No. Not Assigned 

Stone Motors Inc., and/or 

David Stone 

Respondent 

Judge Not Assigned 

Case No. 2014SW700157 

(Civil Penalty Action) 

FDMS No. FAA-2015:,-3319 

:-, -. " :~ 

COMPLAINT ~- (I : __ , '- ' 

The Federal Aviation Administration ("FAA") files its 

complaint under Rule 208 of the Rules of Practice in FAA Civil 

Penalty Actions, 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-Dry Machinery & 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 required by 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 certify by 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 

3 
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 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. 

4 
e. 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 certify by 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 properly mark 

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 legibly marked 

orientation markings on two opposite vertical sides of the 

5 
package 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 

6 
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. 

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 Hill wood 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) 

7 
Please Note 

Pursuant to Title 14 CFR § 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 thirty (30) days after the date 

shown on the Certificate of Service which is attached to this 

document. 

CERTIFICATE 

Re: In the Matter of Stone Motors Inc., and/or David Stone, FDMS 

No. FAA-2015-3319. 

I hereby certify that on this day, I have sent via Federal 

Express an executed original and one 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 

8 
I 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