11/30/2011 14:03 FAX 2024935U2 FAA DMS 0001/004 

V S . DEFARTMFNT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

FNTHEMArrHROF: 

NU FASHION BEAUTY SUPPLY 

DIS'IKIRTJTORSFAA Case No.; 2011CF700023 

NU FASHION BEAUTY SUPPLY DISTIBUTORS' ANSWER 

Comes now Nu Fashion Beauty Supply Distributors, by counsel W. Bevis Schock, and 

states for its Answer1. 

\. 

J. 

4. 

1. 

Admitted. 

Admitted. 

Admitted. 

Admitted. 

b. 

c. 

d. 

c. 

t 

Admitted. 

Admitted. 

Admiued. 

Admiued. 

Admitted. 

Admitted. 

a. Admitted. 

I 

Tl 

---,•••'. 5 

"D FiQL^ 

C3 

111 

RECEIVED 

HEARING DOCKET 
11/30/201 1 140 3 FAX 202493514 2 FAA - DMS 0002/004 

Admitted. 

c. 

i- Admitted. 

ii. AdmiUiid. 

iii- Admitted. 

iv. Admitted. 

V. (Omitted by Complainant) 

vi. Admiued. 

vii. Admitted, 

d. Admiued. 

c. Admitted. 

f Admiuocl. 

g. Admitted. 

2. Admitted. 

3. Denied. 

iSrU FASHION BEAUTY SUPPLY DISTRIBUTORS .ADDITIONAL FACTS 

1. I'he entire situation wa-s a result of an innocent mistake. Nu Fashion Beauiy Supply 

Distributor di^tribute.s beauty products in the St. Louis, Missouri area. Nu Fashion 

BeauT>' Supply Distributor received defective hairspray from a Canadian manufacturer 

and called the manufacturer to complain. The manufacturer asked Nu Fashion Beauty 

Supply Distributor to return one box of product so the manufacturer could investigate the 

problem. Ku Fashion Beauty Supply Distributor boxed up the product for shipment back 

to Canada by air. Nu Fashion Beauiy Supply Distributor's worker had to ask the UPS 
11/30/201 1 14 03 FAX 2024935142 FAA - DMS @]003/004 

driver how to fill out the forms for a Canadian air shipment. At the airport a UPS worker 

heard the cans rattling together and stopped the shipment. 

2. Nu Fashion Beauty Supply Distributors has never shipped aerosol cans before, because 

Nu Fashion Beauty Supply Distributors almost always receives shipments of beauty 

supplies, and only in this case had to ship defective product back to a distributor. 

3. Nu Fashion Beauty Supply Distributor is unlikely ever again to ship aerosol cans by any 

mean.s but truck to its customers. 

4. Nu Fashion Beauiy Supply Distributor is a '^niall business. 

5. The aerosol cans never made it on an airplane, (due to good work by a UPS worker). 

6. The entire shipment was a box of hairspray -- a product designed to be sprayed at the 

user's head. 

7. Nu Fashion Beauiy Supply Distributor has taken this situation vco' seriously, and 

management is ^.villing to undergo reasonable training to ensure no future violation. 

8. If 5100,000 is an appropriate fine for a situation resultinfi in death, serious illness or 

severe injury- to a person, this situation is about 1% as serious as that, and so a .^1,000.00 

tme would be appropriate. 

9. $15,000.00, the amount requested by the Agency is an amount of penalty out of 

proportion to the facts. 

10. Nu Fashion Beauty Supply Distributor values safct}' on aiiplane.s a.s much as any sane 

American, and had no intent to endanger the public or anyone else. 

11. Nu Fashion Beauty Supply Distributor recognizes now that aerosol products are 

dangerous and should not be on airplanes. 

12. $1000.00 is a reasonable penally under the circumstances. 
11/30/201 1 14:03 FAX 2024935142 FAA - QMS g]004/00 4 

WHHKt-FORE, Nu Fashion Beauty Supply Distributors prays that the Administrative 

Law Judge order assess a civil penalty of $1,000. 

Respeetfully Submitted. 

- f\! m \ v ^---x^ 

Wr^Bevi.'= ScWock! MBE' # 32551 ^ 

Attorney forNu Fashion Beauty Supply Distributors 

7777 Bonhomme Ave., Stc. 1300 

St. Louis, MO 63105 

wb:;chock@.schocklaw.com 

Fa.\: 314-72l-l69» 

Voice: 314-726-2322 

CmTlFICATE OF SERVICL 

The undersigned certifies that on W.JZ^ /^ / , 2011 (s)he .served this document on: 

A. Lester Haizlip 

Gayle E. To"wnsend 

Office of Regional Counsel 

901 Locust. Room 506 

Kansas City, MO 64106 

Federal Aviation Administration 

800 Independence Ave., SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright BpiMing, Ste. 2W1000 

The method of service was: hand del ivory/regular maUirouricr/l'edLx/e-mail/fax. 

If fax, the time was a.m./p.m., and the nunibcffaxed was