U.S. Department 

of Transportation 

Federal Aviation 

Administration 

AUG 2 0 2013 

CERTIFIED -RETURN RECEIPT 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 6 2013 

HEARING DOCKET 

Washington, DC 20591 . d..O jr016 . lfOmS I" nn.2~ rs ~ Re: In the Matter of Airport Mailers, Inc. FAA Case No. 2012S0700256 ~\3 ..-f\1,\)f\ ""L.:.KT" 

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 Charlotte, North Carolina area, 

and expects that the hearing will last two days. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the 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 of the Regional Counsel 

Enclosures 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERALAVIATIONADMINISTRATION RECEIVED 

AUG 2 6 2013 

FEDERAL AVIATION ADMINISTRATION, NEARING DOCKET 

Complainant, 

vs. 

Airport Mailer, Inc. 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

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. 

1. On July 31,2013, Respondent, Airport Mailer, Inc. was advised through a Final Notice of 

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

$24, 000. On August 15, 2013, the Agency Attorney received a written request for a 

hearing from the Respondent. 

II. 

2. At all times material herein Respondent On or about May 8, 2012, Airport Mailers, Inc., 

((Airpm1 Mailers)) knowingly offered to UPS a one-piece shipment consisting of a 

fiberboard box containing hazardous materials for transportation by 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 offered by J Hansen, 1520 Turf Drive, 

Henderson, NV 89015, for transportation to the consignee, Terri, Checkpoint Mailers, 

133 Allen Street, Kernersville, NC, 27284-2956. 

4. At all times mentioned herein, the above-mentioned shipment was not accompanied by a 

Shipper's Certification or Declaration of Dangerous Goods. 
5. On or about May 8, 2012, the above-mentioned shipment was transported to the UPS sort 

facility in Louisville, Kentucky. 

6-: On or 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 of Old Spice "Denali" Body Spray 

c) one 6.7 ounce glass container ofCalvin Klein "CK One" eau de toilette* 

d) other non-hazardous items. 

8. Further investigation showed that an unknown quantity of Calvin Klein "CK One eau de 

toilette" had leaked into and through the fiberboard container. 

a) 8. (a) Butane lighters are classified as a hazardous material under the 

Department of Transportation Hazardous Materials Regulations (HMR) ( 49 

C.F.R. § 172.101). 

(1) The proper shipping name of the 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. 

(2) (b) Old Spice "Denali" Body Spray is classified as a hazardous 

material under the Department of Transportation Hazardous 

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

(1) The proper shipping name of the material is Aerosols, flammable. It is in 

Hazard Class 2.1 (Flammable Gas), and has an assigned identification 

number ofUN1950. The proper label is FLAMMABLE GAS. 

b) Calvin Klein "CK One" eau de toilette is classified as a hazardous material under 

the Department of Transportation Hazardous Materials Regulations (HMR) ( 49 

C.F.R. § 172.101). 

(1) The proper shipping name of the 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 offered the above-described shipment of hazardous material for 

transportation by air without shipping papers that included: 

(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 of each hazardous material; and, 

(f) the number and type of packages containing hazardous material. 

10. Airport. Mailers offered the above-described shipment of hazardous 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 seg.) by printing on the shipping papers the 

certification set forth in§ 172.204(a)(1), 172.204(a)(2), or § 

172.204( c) of the HMR; 

W prepare the required certifications in duplicate; and, 

(c) add to the certification required in this section the following 

statement: 

(d) "I declare that all of the applicable air transport 

requirements have been met." 

11. 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 

of each hazardous material contained therein; 

(b) the outer container was not marked with the assigned identification 

number of each hazardous material contained therein; 

(c) a "FLAMMABLE LIQUID" label was not affixed to the outer 

container; and 

(d) a "FLAMMABLE GAS" label was not affixed to the outer 

container. 
...

12. Airport Mailers offered the above-described shipment of hazardous material for 

transportation by air and failed to make emergency response 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 emergency response telephone number 

immediately available 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. 

14. Airport Mailers offered the above-described shipment of hazardous material for 

transportation by air and failed to ensure that each of its hazmat employees was trained in 

accordance with the prescribed requirements as set forth in Section 172.704. 

15. Airport Mailers offered the above-described shipment of hazardous material fer 

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 of hazardous material to the 

environment. 

16. Airport Mailers offered the above-described combination package of hazardous 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 of hazardous materials 

for transportation by air when iimer packages were not properly packaged for 

transportation. 

III. 

By reason of the above, Airport Mailers violated the following Department of Transportation 

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

1. Section 1 71.2( 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 of this subchapter, or an exemption, approval, or registration issued 

under this subchapter or under subchapter A of this chapter. 

2. Sections 172.200(a) and 172.202(a)(1) in that Airport Mailers offered a hazardous 

material for transportation and failed to describe the hazardous material on 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. 
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 of the§ 

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 shown in Column 3 

ofthe § 172.101 Table. 

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 of the § 172.101 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) of the§ 172.101 Table in which case the total gross mass per package must be shown; or, 

for Class 7 materials, the quantity of rAirport 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 of packages (for example, "12 drums"). 

8. Sections 172.204(a) or ( c )(1) 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 by printing on the shipping paper containing the required 

shipping description one of the 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 of the 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 of the 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 § 172.1 01 table. 
12. Section 172.400(a) in that Airport Mailers offered for transportation a hazardous 

material in one of the 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 172.400 and 172.404(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, or overpack as required for each 

class of hazardous material contained therein. 

14. Section 172.600( c )(I) in that Airport Mailers offered for transportation a 

hazardous material and failed to make the emergency response information 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 of its 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 173.24(b)(1) 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 of hazardous material to the environment. 

19. Pursuant to 49 U.S.C. Section 5123(a), Airport Mailers is subject to a civil 

penalty not lower than $250 ($450 for training-related violations), nor greater than $50,000 

($1 00,000 if death, serious illness, severe injury, or substantial property damage results), for each 

violation of the Department of Transportation Hazardous Materials Regulations. 

20. Under the facts and circumstances of this case, a civil penalty of$24,000 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 $24,000. 

Respectfully submitted this 2.0'G. day of ~u~u.e+ , 2013. 

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, ot a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 

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 Clerk 

FAA, AGC-430, Suite 2WIOOO 

Wilbur Wright Building 

800 Independence A venue, SW 

Washington, DC 20591 

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 

(original+ 1 copy) 
John F. Hanzel, P.A. 

19425-G Liverpool Parkway 

Cornelius, N.C. 28031 

\()(N\1'1\K'l) ~. ~D DONNA E. 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 of the 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 6 2013 

HEARING DOCKET 

Re: Request for Hearing; Airport Mailers, Inc., Case No. 2012S0700256 

Mr. Dunfee: 

Enclosed please find a copy of the 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. 

If you 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 2W1 000 

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 by Airport Mailers, Inc. to draft a letter requesting that a 

hearing be scheduled to address the proposed civil penalty in the abovereferenced matter. A copy 

of this request for hearing is also being mailed to James H. Dunfee, Jr. at the office of regional 

counsel. Please let this letter serve as a formal request for a hearing pursuant to, 14 C.P.R. 

§13.16. 

If you have 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 

of Transportation 

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 of Proposed 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 of a 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 Turf Drive, 

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 or Declaration of Dangerous 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 of Old 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 of Calvin 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 of Tran·sportation Hazardous Materials Regulations (HMR) ( 49 C.F.R. § 172.101 ). 

(I) The proper shipping name of the 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 of the material is Aerosols, flammable. 

It is in Hazard Class 2.1 (Flammable Gas), and has an assigned identification 

number of UN 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 of the material is Perfumery products 

with flammable solvents. It is in Hazard Class 3 (Flammable Liquid), Packing Group II and has 

an assigned identification number ofUN1266. The proper label is FLAMMABLE LIQUID. 

9. Airport Mailers offered the above-described shipment of hazardous material for 

transportation by air without shipping papers that included: 

2 
3 

(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 of each hazardous material; and, 

(f) the number and type of packages containing hazardous material. 

·J 0. Airport Mailers offered the above-described shipment of hazardous 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) of the 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 of the applicable air transport requirements have 

been met." 

I I . Airport Mailers offered the above-described shipment of hazardous materials for 

transportation by air when: 

(a) the outer container was not marked with the proper shipping name of each 

hazardous material contained therein; 

(b) the outer container was not marked with the assigned identification 

number of each 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 of hazardous material for 

transportation by air and failed to make emergency response 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 emergency response telephone number immediately 
available 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. 

I 4. Airport Mailers offered the above-described shipment of hazardous material for 

transportation by air and failed to ensure that each of its hazmat employees was trained in 

accordance with the prescribed requirements as set forth in Section 172.704. 

4 

I 5. Airport Mailers offered the above-described shipment of hazardous 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 of hazardous material to the environment. 

16. Airport Mailers offered the above-described combination package of hazardous 

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. 

By reason of the above, Airport Mailers violated the following Department of Transportation 

Hazardous Materials Regulations (Title 49 of the Code of Federal 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 of this subchapter, or an exemption, approval, or registration issued 

under this subchapter or under subchapter A of this 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 shipping papers 

including the identification number prescribed for the material as shown in Column 4 of the § 

172.10 I 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 shipping papers 

including the proper shipping name prescribed for the material as shown in Column 2 of the§ 

172.10 I 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 

of the § 172. I 0 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 of the § 172.10 I 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) of the § 172.10 I Table in which case the total gross mass per package must be shown; or, 

for Class 7 materials, the quantity of rAirport 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 of packages (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 by printing on the shipping paper containing the required 

shipping description one of the 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 of the 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 of the 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 of the 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 I 72.400 and I 72.404(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, or overpack as required for each 

class of hazardous 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 of its 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 of hazardous material to the environment. 

In accordance with Section 5123( a) of Chapter 51, Title 49 of the United States Code of 

Transportation, 49 U.S.C. §5123, AIRPORT MAILERS is liable for a civil penalty of not less 

than $250 ($450 for training violations), nor greater than $50,000 ($1 00,000 if death, serious 

illness, severe injury, or substantial property damage results), for each violation of the 

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 of AIRPORT 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. If you do not submit a written 

request for a hearing, you must pay the proposed civil penalty. 

6 
Your 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 (if delivery is in person or via expedited courier 

service) or Federal Aviation Administration, 800 Independence Avenue SW, Wilbur Wright 

Building, Suite 2Wl 000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 

(if delivery 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 of the Federal Aviation 

Regulations, sent to you with the Notice of Proposed Civil Penalty (14 C. F.R. §I 3. I 6). 

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 

JAMES H. DUNFEE, JR. 

Attorney 

Offic: of the Regional Counsel 

Enclosures 

7 
7 

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 of Proposed 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 

Donna l{lnvruv Stanley pta~ Legal Assistant 

Office of the Regional Counsel 

JUL 3 1 2013 

Dated