RECEIVED 

U.S. DEPARTMENT OF TRANSPORTATION OCT 0 6 20!5 

FEDERAL AVIATION ADMINISTRATIONEARI 

OFFICE OF HEARINGS H NG DOCKET 

In the Matter of: 

Cargoquin , Inc . , 

Respondent 

Judge Not Assigned 

WASHINGTON, DC 

FAA DOCKET No. Not Assigned 

FAA Case No. 2014SW700164 

(Civil Penalty Action) 

FDMS No. Not Assigned 

COMPLAINT 

The Federal Aviation Administration (hereinafter "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 June 4, 2015, 

Cargoquin, Inc., was advised that the Federal Aviation 

Administration ("FAA") proposed to assess a civil penalty of 

$96,800.00. On September 15, 2015, the FAA advised Cargoquin, 

Inc., that it proposed to assess a civil penalty of $70,400.00. 

Count I 

1. On or about June 26, 2014, Cargoquin, Inc., ("Cargoquin") on 

behalf of Rheem Manufacturing Company offered three packages 

containing undeclared and improperly declared hazardous 

materials for air transportation in commerce from Laredo, Texas 

to Heber, California. 

2. Shipment one, consisted of four (1) gallon cans of Carboline 

Phenoline X2301-71F Part A Epoxy. 

3. The four (1) gallon cans of Carboline Phenoline X2301-71F 

Part A Epoxy were inside of a non-UN specification cardboard box 

18" X 15" X 11". 
4. Orientation arrows and a limited quantity symbol for all 

modes of transportation other than air appeared on the exterior 

of one side of the box. On the opposite side of the box were 

orientation arrows and a triangular shaped symbol with the 

language "HEAVY LIQUID" printed on the inside of the triangle. 

5. No UN number, Packing Group or Hazard Class was printed on 

the exterior of the box. The shipment did not have shipping 

papers. 

6. The proper shipping name "Paint" was also printed on a 

label. Also printed on the label was "Phenoline X2301-71F Part 

A". 

7. This declared shipment leaked in transit. 

8. The proper shipping name for Carboline Phenoline X2301-71F 

Part A Epoxy is Paint, hazard class 3, PG III, UN 1263. 

9. Carboline Phenoline X2301-71F Part A Epoxy is regulated by 

the Department of Transportation Hazardous Materials 

Regulations, 49 C.F.R. § 171 et. seq. (DOT HMR). 

10. The shipper was listed as Rheem c/o Cargoquin Inc., 5803 

East Drive, Laredo Texas 78041. The consignee was Pacer 

Carlage, Guadalupe Cornejo, 425 E. Heber Road, Heber, California 

92249. 

11. The FedEx standard overnight master air bill tracking number 

for this shipment was No. 804618590410. 

12. Cargoquin 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. 

13. Cargoquin 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. 

14. Cargoquin 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, 

2 
as shown in Column (3) in the Hazardous Materials Table, 

referenced in section 172.101. 

15. Cargoquin 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. 

16. Cargoquin 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 (98) of the§ 172.101 Table. 

17. Cargoquin 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 (98) of the§ 172.101 Table. 

18. Cargoquin offered hazardous material for transportation in 

air commerce and failed to describe on the shipping papers the 

number and type of packages. 

19. Cargoquin 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. 

20. Cargoquin 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. 

21. Cargoquin 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. 

22. Cargoquin offered hazardous material for shipment by air and 

failed to provide an emergency response telephone number 

(including area code) for use in the event of an emergency 

involving hazardous material that is monitored at all times that 

the material is in transportation, including storage incidental 

to transportation. 

3 
23. Cargoquin offered hazardous material for transportation by 

air and failed to train the HAZMAT employee who offered the 

shipment. 

24. Cargoquin offered hazardous material for transportation by 

air and failed to class and describe the hazardous material in 

accordance with parts 172 and 173 of this subchapter. 

25. Cargoquin offered hazardous material for transportation by 

air and failed to determine that the authorized packaging or 

container was an authorized packaging, including part 173 

requirements, and that it was manufactured, assembled, and 

marked in accordance with a specification of the Department in 

26. Cargoquin 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, and closed, so that under conditions 

normally incident to transportation there would be no 

identifiable release of hazardous materials to the environment 

27. Cargoquin offered hazardous material for transportation by 

air in packaging where the body and closure of the packaging was 

not constructed to adequately resist the effects of temperature 

and vibration occurring in conditions normally incident to air 

transportation and the inner packaging or receptacle closures of 

combination packages containing liquids was not held securely, 

tightly and effectively in place by secondary means. 

28. Cargoquin offered hazardous material for transportation by 

air and failed to use the combination packagings authorized for 

outer packagings stated in Section 173.203(b). 

29. By reason of the above Cargoquin 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 

4 
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) (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. 

e. 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. 

f. 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 

(98) of the § 172.101 Table. 

g. 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. 

h. 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. 

i. Section 172.300, [49 C.F.R. § 172.300], which requires that 

each person offering a hazardous material for transportation to 

properly mark each package, freight container, and transport 

vehicle containing the hazardous material. 

j. Section 172.30l(a), [49 C.F.R. § 172.30l(a)] in that it 

offered a hazardous material for transportation in air commerce 

5 
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. 

k. 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. 

l. Section 172.600, [49 C.F.R. § 172.600)], which requires 

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. 

m. Section 172.600(c) (1), [49 C.F.R. § 172.600(c) (1)] in that 

it offered hazardous material for transportation by air and 

failed to make emergency response information immediately 

available for use at all times the hazardous material was 

present. 

n. Section 172.604(a) (1), [49 C.F.R. § 172.604(a) (1)] in that 

it offered hazardous material for shipment by air and failed to 

provide an emergency response telephone number (including area 

code) for use in the event of an emergency involving hazardous 

material that is monitored at all times that the material is in 

transportation, including storage incidental to transportation. 

o. 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. 

p. 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. 

q. Section 173.22(a) (1), [49 C.F.R. § 173.22(a) (1)] in that it 

offered hazardous material for transportation by air and failed 

to class and describe the hazardous material in accordance with 

parts 172 and 173 of this subchapter. 

r. Section 173.22(a) (2) (ii), [49 C.F.R. § 173.22(a) (2) (ii)] in 

that it offered hazardous material for transportation by air and 

6 
failed to determine that the authorized packaging or container 

was an authorized packaging, including part 173 requirements, 

and that it was manufactured, assembled, and marked in 

accordance with a specification of the Department in effect at 

the date of manufacture of the packaging or container. 

s. 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, and closed, so that under conditions 

normally incident to transportation there would be no 

identifiable release of hazardous materials to the environment. 

t. Section 173.27(d), [49 C.F.R. § l73.27(d)] in that it 

offered hazardous material for transportation by air in 

packaging where the body and closure of the packaging was not 

constructed to adequately resist the effects of temperature and 

vibration occurring in conditions normally incident to air 

transportation and the inner packaging or receptacle closures of 

combination packages containing liquids was not held securely, 

tightly and effectively in place by secondary means. 

u. Section 173.203(b), [49 C.F.R. § 173.203(b)] in that it 

offered hazardous material for transportation by air and failed 

to use the combination packagings authorized for outer 

packagings stated in Section 173.203(b). 

COUNT II 

1. The second box was an undeclared shipment. The shipment 

contained no paperwork, declaration, markings, labeling or UN 

specification packaging. 

2. The shipment consisted of three one-gallon cans of Carboline 

Phenoline X2301-71F Part A epoxy. 

3. The three one-gallon cans of Carboline Phenoline X2301-71F 

Part A epoxy were inside of a non-ON specification cardboard 

box. 

4. A plastic bag liner covered the cans of Carboline Phenoline 

X2301-71F Part A epoxy. In transit this shipment leaked. 

5. The proper shipping name for Carboline Phenoline X2301-71F 

Part A epoxy is Paint, hazard class 3, PG III, UN 1263. 

7 
6. Carboline Phenoline X2301-71F Part A epoxy is regulated by 

the Department of Transportation Hazardous Materials 

Regulations, 49 C.F.R. § 171 et. seq. (DOT HMR). 

7. The shipper was listed as Rheem c/o Cargoquin Inc., 5803 

East Drive, Laredo Texas 78041. The consignee was Pacer 

Carlage, Guadalupe Cornejo, 425 E. Heber Road, Heber, California 

92249. 

8. The FedEx standard overnight master air bill tracking number 

for this shipment was No. 804618590410. 

9. At all times mentioned herein, the above-described unmarked, 

unlabeled, fiberboard box was not marked with the proper 

shipping name or UN identification number of the hazardous 

material. 

10. At all times mentioned herein, the above-described 

fiberboard box was not labeled with the proper hazardous 

materials labels, was not accompanied by a shipper's declaration 

of dangerous goods or a shipper's certification. 

11. At all times mentioned herein, the above-described 

fiberboard box did not contain other shipping documents 

providing emergency response information required by the 

hazardous material regulations and was not otherwise in a 

condition for transportation by air as required by the hazardous 

material regulations. 

12. Cargoquin 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. 

13. Cargoquin 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. 

8 
(c) the hazard class or division number prescribed for the 

material, as shown in Column (3) of the§ 172.101 

table. 

(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 of packages described on the 

shipping papers. 

14. Cargoquin 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. 

15. Cargoquin 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. 

16. Cargoquin 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. 

17. Cargoquin offered hazardous material for transportation by 

air and failed to make emergency response information 

immediately available for use at all times the hazardous 

material was present. 

18. Cargoquin offered hazardous material for shipment by air and 

failed to provide an emergency response telephone number 

(including area code) for use in the event of an emergency 

involving hazardous material that is monitored at all times that 

the material is in transportation, including storage incidental 

to transportation. 

9 
19. Cargoquin offered hazardous material for transportation by 

air and failed to train the HAZMAT employee who offered the 

shipment. 

20. Cargoquin offered hazardous material for transportation by 

air and failed to class and describe the hazardous material in 

accordance with parts 172 and 173 of this subchapter. 

21. Cargoquin offered hazardous material for transportation by 

air and failed to determine that the authorized packaging or 

container was an authorized packaging, including part 173 

requirements, and that it was manufactured, assembled, and 

marked in accordance with a specification of the Department in 

effect at the date of manufacture of the packaging or container. 

22. Cargoquin 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, and closed, so that under conditions 

normally incident to transportation there would be no 

identifiable release of hazardous materials to the environment. 

23. Cargoquin offered hazardous material for transportation by 

air in packaging where the body and closure of the packaging was 

not constructed to adequately resist the effects of temperature 

and vibration occurring in conditions normally incident to air 

transportation and the inner packaging or receptacle closures of 

combination packages containing liquids was not held securely, 

tightly and effectively in place by secondary means. 

24. Cargoquin offered hazardous material for transportation by 

air and failed to use the combination packagings authorized for 

outer packagings stated in Section 173.203(b). 

25. By reason of the above Cargoquin violated the following 

Department of Transportation Hazardous Material 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 

10 
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. 

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. 

11 
j. Section 172.300, [49 C.F.R. § 172.300], which requires that 

each person offering a hazardous material for transportation to 

properly mark each package, freight container, and transport 

vehicle containing the hazardous material. 

k. Section 172.30l(a), [49 C.F.R. § 172.301(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 172.400(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. 

m. Section 172.600, [49 C.F.R. § 172.600)], which requires 

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. 

n. Section 172.600(c) (1), [49 C.F.R. § 172.600(c) (1)] in that 

it offered hazardous material for transportation by air and 

failed to make emergency response information immediately 

available for use at all times the hazardous material was 

present. 

o. Section 172.604(a) (1), [49 C.F.R. § 172.604(a) (1)] in that 

it offered hazardous material for shipment by air and failed to 

provide an emergency response telephone number (including area 

code) for use in the event of an emergency involving hazardous 

material that is monitored at all times that the material is in 

transportation, including storage incidental to transportation. 

p. Section 172.702(a), [49 C.F.R. 702(a)] in that it offered 

offered hazardous material for transportation by air and failed 

to train the HAZMAT employee who offered the shipment. 

q. Section 173.1(b), [49 C.F.R. § 173.1(b)] which prohibits 

the shipment of hazardous material by air that was not packed in 

packaging specified in Part 173. 

12 
r. Section 173.22 (a) (1), [49 C.F.R. § 173.22 (a) (1)] in that it 

offered hazardous material for transportation by air and failed 

to class and describe the hazardous material in accordance with 

parts 172 and 173 of this subchapter. 

s. Section 173.22(a) (2) (ii), [49 C.F.R. § 173.22(a) (2) (ii)] in 

that it offered hazardous material for transportation by air and 

failed to determine that the authorized packaging or container 

was an authorized packaging, including part 173 requirements, 

and that it was manufactured, assembled, and marked in 

accordance with a specification of the Department in effect at 

the date of manufacture of the packaging or container. 

t. 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, and closed, so that under conditions 

normally incident to transportation there would be no 

identifiable release of hazardous materials to the environment. 

u. Section 173.27(d), [49 C.F.R. § 173.27(d)] in that it 

offered hazardous material for transportation by air in 

packaging where the body and closure of the packaging was not 

constructed to adequately resist the effects of temperature and 

vibration occurring in conditions normally incident to air 

transportation and the inner packaging or receptacle closures of 

combination packages containing liquids was not held securely, 

tightly and effectively in place by secondary means. 

v. Section 173.203(b), [49 C.F.R. § 173.203(b)] in that it 

offered hazardous material for transportation by air and 

failed to use the combination packagings authorized for outer 

packagings stated in Section 173.203(b) 

COUNT III 

1. On or about June 26, 2014, Cargoquin Inc., offered an 

improperly declared hazardous material shipment for air 

transportation in commerce from Laredo, Texas to Heber, 

California. 

2. This shipment consisted of 2 one (1) gallon cans of 

Carboline Phenoline X2301-71F Part A Epoxy and ten (1) one 

gallon cans of Carboline Phenoline X 2301-71F Part B Epoxy. 

3. The cans were separated by small Styrofoam pieces. 

13 
4. On the exterior of one side of the box were orientation 

arrows and a limited quantity symbol. On the opposite side of 

the box were orientation arrows and a triangular shaped symbol 

with the language "HEAVY LIQUID" printed on the inside of the 

triangle. 

5. No UN number, Packing 

the exterior of the box. 

shipping papers. 

Group or Hazard Class was printed on 

The shipment was not accompanied by 

6. The proper shipping name 

on the exterior of the box. 

Phenoline X2301-71F Part B. 

"Paint" was also printed on a label 

Also, printed on the label was 

7. The proper shipping name for Carboline Phenoline X2301-71F 

Part A Epoxy is Paint, hazard class 3, PG III, UN 1263. The 

proper shipping name for Phenoline X 2301-71F Part B is Paint, 

hazard class 8, PG III, UN 3066. 

8. Carboline Phenoline X2301-71F Part A Epoxy and Carboline 

Phenoline X 2301-71F Part B Epoxy are regulated by the 

Department of Transportation Hazardous Materials Regulations, 49 

C.F.R. § 171 et. seq. (DOT HMR). 

9. This shipment leaked in transit. 

10. The shipper was listed as Rheem c/o Cargoquin Inc., 5803 

East Drive, Laredo Texas 78041. The consignee was Pacer 

Carlage, Guadalupe Cornejo, 425 E. Heber Road, Heber, California 

92249 

11. The FedEx standard overnight master air bill tracking number 

for this shipment was No. 804618590410. 

12. Cargoquin 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. 

13. Cargoquin 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. 

14 
14. Cargoquin 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. 

15. Cargoquin 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. 

16. Cargoquin 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. 

17. Cargoquin 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. 

18. Cargoquin offered hazardous material for transportation in 

air commerce and failed to describe on the shipping papers the 

number and type of packages. 

19. Cargoquin 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. 

20. Cargoquin 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. 

21. Cargoquin 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. 

22. Cargoquin offered hazardous material for shipment by air and 

failed to provide an emergency response telephone number 

(including area code) for use in the event of an emergency 

involving hazardous material that is monitored at all times that 

15 
the material is in transportation, including storage incidental 

to transportation. 

23. Cargoquin offered hazardous material for transportation by 

air and failed to train the HAZMAT employee who offered the 

shipment. 

24. Cargoquin offered hazardous material for transportation by 

air and failed to class and describe the hazardous material in 

accordance with parts 172 and 173 of this subchapter. 

25. Cargoquin offered hazardous material for transportation by 

air and failed to determine that the authorized packaging or 

container was an authorized packaging, including part 173 

requirements, and that it was manufactured, assembled, and 

marked in accordance with a specification of the Department 

in effect at the date of manufacture of the packaging or 

container. 

26. Cargoquin 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, and closed, so that under conditions 

normally incident to transportation there would be no 

identifiable release of hazardous materials to the environment. 

27. Cargoquin offered hazardous material for transportation by 

air in packaging where the body and closure of the packaging was 

not constructed to adequately resist the effects of temperature 

and vibration occurring in conditions normally incident to air 

transportation and the inner packaging or receptacle closures of 

combination packages containing liquids was not held securely, 

tightly and effectively in place by secondary means. 

28. Cargoquin in that it offered hazardous material for 

transportation by air and failed to use the combination packagings 

authorized for outer packagings stated in Section 173.203(b). 

29. By reason of the above Cargoquin 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 

16 
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) (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. 

e. 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. 

f. 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. 

g. 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. 

h. 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. 

i. Section 172.300, [49 C.F.R. § 172.300], which requires that 

each person offering a hazardous material for transportation to 

17 
properly mark each package, freight container, and transport 

vehicle containing the hazardous material. 

j. Section 172.30l(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. 

k. 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. 

1. Section 172.600, [49 C.F.R. § 172.600)], which requires 

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. 

m. Section 172.600(c) (1), [49 C.F.R. § 172.600(c) (1)] in that 

it offered hazardous material for transportation by air and 

failed to make emergency response information immediately 

available for use at all times the hazardous material was 

present. 

n. Section 172.604(a) (1), [49 C.F.R. § 172.604(a) (1)] in that 

it offered hazardous material for shipment by air and failed to 

provide an emergency response telephone number (including area 

code) for use in the event of an emergency involving hazardous 

material that is monitored at all times that the material is in 

transportation, including storage incidental to transportation. 

o. 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. 

p. 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. 

q. Section 173.22 (a) (1), [49 C.F.R. § 173.22 (a) (1)] in that it 

offered hazardous material for transportation by air and failed 

18 
to class and describe the hazardous material in accordance with 

parts 172 and 173 of this subchapter. 

r. Section 173.22(a) (2) (ii), [49 C.F.R. § 173.22(a) (2) (ii)] in 

that it offered hazardous material for transportation by air and 

failed to determine that the authorized packaging or container 

was an authorized packaging, including part 173 requirements, 

and that it was manufactured, assembled, and marked in 

accordance with a specification of the Department in effect at 

the date of manufacture of the packaging or container. 

s. 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, and closed, so that under conditions 

normally incident to transportation there would be no 

identifiable release of hazardous materials to the environment. 

t. Section 173.27 (d), [49 C.F.R. § 173.27 (d)] in that it 

offered hazardous material for transportation by air in 

packaging where the body and closure of the packaging was not 

constructed to adequately resist the effects of temperature and 

vibration occurring in conditions normally incident to air 

transportation and the inner packaging or receptacle closures of 

combination packages containing liquids was not held securely, 

tightly and effectively in place by secondary means. 

u. Section 173.203(b), [49 C.F.R. § l73.203(b)] in that it 

offered hazardous material for transportation by air and 

failed to use the combination packagings authorized for outer 

packagings stated in Section 173.203(b). 

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)] Cargoquin 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 $70,400.00 is appropriate. 

WHEREFORE, the Federal Aviation Administration, 

respectfully requests that the Administrative Law Judge enter an 

Order that Cargoquin be assessed a civil penalty in the amount 

of $70,400.00 for the violations alleged in this complaint. 

19 
Respectfully submitted this 5~ day of October 2015. 

Peter J. Lynch 

Assistant Chief Counsel 

for Enforcement 

es Archier, Senior Attorney 

nforcement Division, Southwest Team 

Federal Aviation Administration 

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) 

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. 

20 
CERTIFICATE OF SERVICE 

Re: Cargoquin, Inc., FAA Case No. 2014SW700164 

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 2Wl000 

Washington, DC 20591 

I further certify that on this date, I have sent via 

Federal Express a true copy of the Complaint, addressed as 

follows to: 

TEL: 

FAX: 

(956) 723-5527 

(956) 723-8168 

Mr. Alberto Alarcon 

1302 Washington 

Laredo, Texas 78040 

EMAIL: aalarcon@sbcglobal.net 

I further certify that on this date, I have sent via 

Federal Express a true copy of the Complaint, addressed as 

follows to: 

TEL: (956) 753-1369 

Mr. Edgar Martinez 

President 

Cargoquin, Inc. 

5803 East Drive 

Laredo, Texas 78041 

21 
Peter J. Lynch 

Assistant Chief Counsel 

for Enforcement 

B> -)d«-t d;e:L€/; /~~ ~/ Jjdnes Archler, Senlor Attorney 

// /Enforcement Division, Southwest .. - ,./ 

// __./",/ Federal Aviation Administration 

~ 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) 

22 

Dated: October 5, 2015