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U.S. DF~P ARTM:.ENT OF TRANSPORTATION 

OFFICE OJ:i"' HEARINGS 

WASHINGTON, nc 

In the Matter of: CbemSystems, Inc., 

Cbemsystems, Inc. 

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FAA DOCKET No: TilD 

FilMS No: FAA-2012-0911 

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Respondent 

FAA Region: Western Pacific 

Judge: Richard C. Goodwin 

RESP()·Nn··.,;-.N,.T'S. ANSW'E'R TO COMPLAINT .. ,:;...{ .. · ... ' . ·.J".J '" ~ . . +t-.. . ~- . , .· ..... .. : . ............ , .. _ 'r.-.... .......• : . 

To: Hon. Richard C. Goodwin, Administrative Law Judge, anq to Regional Counsel of 

the 'Western~Pacific Region of the Federal Aviation Administration ("Claimant11 or "FAA"): 

I. 

COMES NOW, Chemsysten1s, Inc.; Respondent herein, and FILES THE WITHIN 

Answer and Affirmative Defenses and avers as follows: 

II. 

1. Admitted 

2. Admitte-d 

3. Respondent is without sufficient information or knowledge as to the truth· of this 

averment and strict proof thereof is demanded. 

4. Respondent is without sufficient inf<:>tmatioo. or knowledge as to the truth of this 

averment and strict proof the1·eot: is demanded. 

a. Respondent is without sufficient }nformation or knowledge as to the truth of this 

avenn.errt and. strict proof there<}f is demanded. 

b. Respondent is without sufticient it1formation or knowledge as to the truth of this 

averment and. strict proof thereof is demanded, 
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c. Respondent is without suffici.ent information or knowledge as to the truth of this 

avemtent and strict proof thereof is demanded. 

d. Respondent is without sufficient information or knowledge as to the truth of this 

averment and strict proof. thereof is detnanded. 

5. Respondent is without sufficient information or knowledge as to the truth of this 

averment and strict proof thereof is demanded. 

6. Respondent is without sufficient information or knowledge a-;; to the truth of this 

averment and. stdet proof thereof is demanded. 

7. Respondent is without sufficient information or knowledge as to the truth of this 

averment and strict proof thereof is demanded. 

Respondent denies that it violated U.S. Department of Transportation Fiw...ardous 

Material Regulations (Title 49. Pal"tl71 et seq., Code ofFe·deral Regulations.):· 

A. Respondent denies that it violated 49 C.F .R. § 171.2( e) by offering a hazardous 

material. for transportation not properly classed, described, packaged, marked, 

labeled, and in condition for shipment a.s required or authorized by applicable 

reqttirements of the Hazardous Materials Regulations; without an exemption, 

approval or registration issued under Hazardous Matel'ials Regulations; 

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B. Respondent denies that it violated 49 C.P.R. §l71.200(a) by not marking each 

package, freight container, and transport vehicle containing hazardous material in 

the mannet· described by 49 C.F.R. § 171.200. 

C. Respondent denies that it violated 49 c.r.R. § 171 .300(a1 by offering a hazardous 

mate.tial for transpot'tation without marking each package, freight container. and 
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transport vehicle containing the h!ilzardous material in the manner required by this 49 

C.F.R. § 171.300; 

D. Respondent denies that it violated 49 C.F.R. §l72.400(a}, by offering for 

transportation hazal'd.ous material without labels specified for non-bulk package; 

E. Respondent denies that it violated 49 C.F.R. §172.600(c), by offering for 

transportation, accepting for tran.sportati.cm. transferring, storing or otherwise 

handling during ttai1spor.tation a haz,ar.dous matetial. 

F. Respondent denies that it vi(>lated 49 C.P.R. §t72.600(c), by failing to provide a . . , 

24~hour emergency response telephone number including the area code or 

international access code for use i.n the event of an. emergency involving the 

hw...ardous material while offering a hazardous matel'ial for transportation. 

G. Responde~J.t denies that i.t violated 49 C.F.R. s172.702(a), by failing to train each 

hazmat employee itt accordance with the requirements prescribed in Subpart H of 

Part !72 ofthe 1-lazardous Materials Regulations. 

H. R.espon,dent deni.es that it violated 49 C.F.R. §173.24{b), by using a package for 

shipment of hazardous materials that was not designed,· constructed, maintained; 

filled, its co11tents so limited and closed; so that under conditions normally incident 

to transportation there will be no identi.fi.able release of hazardous materials to the 

envimnment. 

L Respondent denies that it violated 49 C.F.R. § 173.27(d), by failing to use stoppers, 

corks,. or other such f-riction-type closures must be held secu:rely; tlghtly and 

effectively in place by pO-sitive means. Respot1dent denies t11at it violated 49 
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C.F.R. § 173.27(d)~ by faHbtg to secure each screw~type closure 011 arly package to 

prevent closure from loosening due to vibration or substantial change in 

temperature. 

III. 

1. Respondertt denies that it is liable for any civil penalty under Section 5 l23(a) of Title 49 

of the United States Code. 

2. Pleading in the a.Uetnative. Respondent plead<> that it is a "'Small Business Concern" as 

defined under 13 CF.R.. § 121.105. Claimanfs demand for penalties is excessive and not 

appropriate under the FAA1

s sanction guide matrix for hazardous material violations as 

stated Appendix C of FAA Order 2150.3B. 

~1:IEREFORB, the Respon.dent, respectfully requests that the Achninlstmtive Law Judge 

enter an order that Claimant take 11othing from its Complaint. 

DATED: March 22,2013 

Respectfully submitted~ 

S. R011ERT FLING, 

ATTORNEYAT ~j-~~::-;F \ _ 

1$1.5:~_-__ , .. ·-·, __ · ~' S. ROBERT F'LING ... 

TBA 24043660 

P.O. Box 411 

Katy, Texas 77492 

(281) 391-2003 Telephone 

(281) 727~0082 Facsimile 

Attorney for llefeudan4 

Chemsystems, Inc~ 
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Cli:RTIFICATE OILSERVlCJ}: 

I further certify that on this date I sent via facsimile and placed in the Urt:.lted States mail~ 

postage prepaid, certifi.ed. mail, the executed original and one copy of RESPONDENT'S 

ANSWER TO COMPLAINT; addressed as follows: 

Federal Aviation Administration, 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Healing Docket Clerk. AGCw430 

Wilbu.r Wright Building--Suite 2W1000 

Facsimile: (202) 493-.5142 

A11d by facsimile only to: 

Hon, Richard C. Goodwin 

Office ofHeadngs~ M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. 

East Building Ground Floor, Room El2-230 

Wash1ngt(m; D.C. 20590" 

Facsimile: (202) 366~ 7536 

I further certify that on this date I sent via fiu:~shnHe and certified mail, postage prepaid~ a tme 

. copy ofthe~RESPONDENT'S ANSWER TO COMPLAINT, addressed as follows: 

Courtney Adoph 

Ge11eral Attorn.ey 

Offi.ce of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, Califo1'tlia 

Facsimile: (310) 725-6816 

Dated: March 22, 2013