# RECEIVED

U.S. DEPARTMENT OF TRANSPORTATION 

## OCT0620!5

FEDERAL AVIATION

### ADMINISTRATIONEARI OFFICE OF HEARINGS 

### H 

## NGDOCKET

In theMatter of: Cargoquin, Inc

., Respondent

JudgeNotAssigned WASHINGTON, DC

FAADOCKET No. NotAssigned FAA CaseNo. 2014SW700164 (Civil PenaltyAction) FDMS No. NotAssigned



### COMPLAINT The FederalAviationAdministration (hereinafter "FAA") files its complaint under Rule 208 of the Rules of Practice in FAA Civil PenaltyActions, 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 RheemManufacturing Company offered three packages containingundeclared 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 PartAEpoxy. 3. The four (1) gallon cans of Carboline Phenoline X2301-71F PartAEpoxy were inside of a non-UN specification cardboardbox 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 shippingname "Paint" was alsoprinted on a label. Also printed on the label was "PhenolineX2301-71FPart A". 7. This declared shipment leaked in transit. 8. The proper shippingname for Carboline Phenoline X2301-71F PartAEpoxy is Paint, hazard class 3, PG III, UN 1263. 9. Carboline Phenoline X2301-71F Part AEpoxy is regulatedby the Department of Transportation Hazardous Materials Regulations, 49 C.F.R. § 171 et. 

### seq. (DOT HMR). 10. The shipper was listedas 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 overnightmaster air bill tracking number for this shipment was No. 804618590410. 12. Cargoquin offeredhazardous material for transportationby air in commerce when the material was not properly classed, described, packaged, marked, labeled, and in a condition for shipment as required or authorizedby applicable requirements of the hazardous material regulations. 13. Cargoquin offeredhazardous material for transportation in air commerce when the requiredhazardous material description on the shippingpapers did not include the identification number prescribed for the material as shown in Column 4 of the § 172.101 Table. 14. Cargoquin offeredhazardous material for transportation in air commerce when the required shipping papers did not include the hazard class or division number prescribed for the material,

2as 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 offeredhazardous material for transportation in air commerce and failed to describe on the shippingpapers the total net mass perpackage, unless a gross mass is indicated in Columns (9A) or (98) of the§ 172.101 Table. 17. Cargoquin offeredhazardous material for transportation in air commerce and failed to describe on the shippingpapers 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 shippingpapers the number and type of packages. 19. Cargoquin offeredhazardous material for transportationby air and failed to certifybyprinted certification, in the manner allowedby 49 C.F.R. §§ 172.204(a)(1) or 172.204(a)(2), that thematerial was offered for transportation in accordance with the hazardous material regulations. 20. Cargoquin offered a hazardous material for transportation in air commerce in non-bulkpackaging 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 offeredhazardous material requiring labeling under the hazardous material regulations for transportation in air commerce and failed to label the non-bulkpackage or containment device with the label specified in Section 172.101 Table and Subpart E ofthe hazardous material regulations. 22. Cargoquin offeredhazardous 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.



### 323. Cargoquin offeredhazardous material for transportationby air and failed to train the HAZMAT employee who offeredthe shipment. 24. Cargoquin offeredhazardous material for transportationby air and failed to class and describe the hazardous material in accordance with parts 172 and 173 of this subchapter. 25. Cargoquin offeredhazardous material for transportationby air and failed to determine that the authorizedpackaging or container was an authorizedpackaging, includingpart 173 requirements, and that itwas manufactured, assembled, and marked in accordance with a specification of the Department in 26. Cargoquin hazardous material for transportationby 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 wouldbe no identifiable release of hazardous materials to the environment 27. Cargoquin offeredhazardous material for transportation by air inpackagingwhere thebody and closure of thepackagingwas not constructedto adequately resist the effects of temperature and vibration occurring in conditions normally incident to air transportation and the inner packaging or receptacle closures of combinationpackages containing liquids was not held securely, tightly and effectively inplace by secondarymeans. 28. Cargoquin offered hazardous material for transportationby air and failed to use the combinationpackagings authorized for outer packagings stated in Section 173.203(b). 29. By reason of the above Cargoquinviolatedthe 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 transportationby air in commerce when the material was not properly classed, described, packaged, marked, labeled, and in a condition for shipment as required or authorizedby 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



### 4transportation to properly describe the hazardous material on the shippingpapers.

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 requiredhazardous 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 shippingpapers 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 shippingpapers did not include the Packing Group, in Roman numerals, prescribed for the material inColumn 5 of the§ 172.101 Table. f. Section 172.202(a)(6), [49 C.F.R. § 172.202(a)(6)] in that it offeredhazardous material for transportation in air commerce and failed to describe on the shippingpapers the total net mass per package, unless a grossmass 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 shippingpapers the number and type of packages. h. Section 172.204(a), [49 C.F.R. § 172.204(a)] in that it offeredhazardous material for transportationby air and failed to certifybyprinted certification, in themanner allowedby 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 eachperson offering a hazardous material for transportation to properlymark 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 

### 5in non-bulkpackaging 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-bulkpackage 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 eachperson offering a hazardous material for transportation to provide andmaintain 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 offeredhazardous material for transportationby air and failed tomake 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 offeredhazardous material for shipment by air and failed to provide an emergency response telephone number (including area code) for use inthe 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 offeredhazardous material for transportationby air and failed to train the HAZMAT employee who offeredthe shipment. p. Section 173.l(b), [49 C.F.R. § 173.l(b)] whichprohibits 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 transportationby 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 transportationby air and
6failed to determine that the authorizedpackaging or container was an authorizedpackaging, includingpart 173 requirements, and that it was manufactured, assembled, andmarked in accordance with a specification of the Department in effect at the date ofmanufacture of the packaging or container.

s. Section 173.24(b)(1), [49 C.F.R. § 173.24(b)(1)] in that it offeredhazardous material for transportationby 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 transportationthere wouldbe no identifiable release of hazardous materials to the environment.
t. Section 173.27(d), [49 C.F.R. § l73.27(d)] in that it offeredhazardous material for transportationby air in packagingwhere 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 innerpackaging or receptacle closures of combination packages containing liquids was not held securely, tightly and effectively inplace by secondarymeans.

u. Section 173.203(b), [49 C.F.R. § 173.203(b)] in that it offeredhazardous material for transportationby air and failed to use the combinationpackagings authorized for outer packagings stated in Section 173.203(b).

COUNT II 1. The secondbox was an undeclared shipment. The shipment contained no paperwork, declaration, markings, labeling or UN specificationpackaging. 2. The shipment consisted of three one-gallon cans of Carboline Phenoline X2301-71F PartA epoxy. 3. The three one-gallon cans of Carboline Phenoline X2301-71F Part Aepoxy were inside of a non-ON specification cardboard box. 4. Aplasticbag liner coveredthe cans of Carboline Phenoline X2301-71F PartAepoxy. In transit this shipment leaked. 5. The proper shippingname for Carboline Phenoline X2301-71F PartA epoxy is Paint, hazard class 3, PG III, UN 1263.
76. Carboline Phenoline X2301-71F PartA epoxy is regulatedby the Department of Transportation Hazardous Materials Regulations, 49 C.F.R. § 171 et. seq. (DOTHMR). 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 shipmentwas No. 804618590410. 9. At all times mentionedherein, the above-describedunmarked, unlabeled, fiberboardbox was not markedwith the proper shipping name or UN identification number of the hazardous material. 10. At all times mentionedherein, the above-described fiberboardbox was not labeledwith the proper hazardous materials labels, was not accompaniedby a shipper's declaration of dangerous goods or a shipper's certification. 11. At all times mentioned herein, the above-described fiberboardbox did not contain other shipping documents providing emergency response information requiredbythe hazardous material regulations andwas not otherwise in a condition for transportationby air as requiredby the hazardous material regulations. 12. Cargoquin offeredhazardous 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 authorizedby applicable requirements of the hazardous material regulations. 13. Cargoquin offeredhazardous material for transportationby airwhen 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 shippingname 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 perpackagemust 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 packagemust be shown; (f) the number and type ofpackages described on the shippingpapers. 14. Cargoquin offered hazardous material for transportationby air and failed to certifybyprinted certification, in the manner allowedby 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 offereda hazardousmaterial for transportationin air commerce innon-bulkpackaging and failed tomarkthepackagewiththe proper shippingname andidentificationnumber ofthematerial as shown in the § 172.101 Table. 16. Cargoquin offeredhazardous material requiring labeling under the hazardous material regulations for transportation in air commerce and failed to label the non-bulkpackage or containment device with the label specified in Section 172.101 Table and Subpart E of the hazardous material regulations. 17. Cargoquin offeredhazardous material for transportationby air and failed tomake 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 inthe event of an emergency involving hazardous material that is monitored at all times that the material is in transportation, including storage incidental to transportation.

919. Cargoquin offeredhazardous material for transportation by air and failed to train the HAZMAT employee who offered the shipment. 20. Cargoquin offeredhazardous material for transportation by air and failed to class and describe the hazardous material in accordance withparts 172 and 173 of this subchapter. 21. Cargoquin offeredhazardous material for transportationby air and failed to determine that the authorizedpackaging or container was an authorizedpackaging, includingpart 173 requirements, and that it was manufactured, assembled, and marked in accordance with a specification of the Department in effect at the date ofmanufacture of the packaging or container. 22. Cargoquin offeredhazardous material for transportationby 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 wouldbe no identifiable release of hazardous materials to the environment. 23. Cargoquin offered hazardous material for transportationby air inpackagingwhere the body and closure of the packaging was not constructed to adequately resist the effects oftemperature and vibration occurring in conditions normally incident to air transportation and the inner packaging or receptacle closures of combinationpackages containing liquids was not held securely, tightly and effectively inplace by secondarymeans. 24. Cargoquin offeredhazardous material for transportationby air and failed to use the combinationpackagings authorized for outerpackagings stated in Section 173.203(b). 25. By reason of the above Cargoquinviolated 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 transportationby air in commerce when the material was not properly classed, described, packaged, marked, labeled, and in a condition for shipment as required or authorizedby 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
10transportation to properly describe the hazardous material on the shippingpapers.

c. Section 172.202(a)(1), [49 C.F.R. § 172.202(a)(1)] inthat it offeredhazardous material for transportation in air commerce when the requiredhazardous 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 offeredhazardous material for transportation in air commerce when the requiredhazardous 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 offeredhazardous material for transportation in air commerce when the required shippingpapers 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 offeredhazardous material for transportation in air commerce when the required shippingpapers 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 offeredhazardous material for transportation in air commerce and failed to describe on the shippingpapers 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 offeredhazardous material for transportation in air commerce and failed to describe on the shippingpapers the number and type ofpackages. i. Section 172.204(a), [49 C.F.R. § 172.204(a)] in that it offeredhazardous material for transportationby air and failed to certifybyprinted certification, in the manner allowedby 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.

11j. Section 172.300, [49 C.F.R. § 172.300], which requires that each person offering a hazardous material for transportation to properlymark 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-bulkpackaging and failed to mark the package with the proper shippingname and identificationnumber of the material as shown in the§ 172.101 Table. l. Section 172.400(a), [49 C.F.R. § 172.400(a)] inthat it offeredhazardous material requiring labeling under the hazardous material regulations for transportation in air commerce and failed to label the non-bulkpackage 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 eachperson offering a hazardous material for transportation to provide andmaintain 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 offeredhazardous material for transportation by air and failed tomake 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 offeredhazardous 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 involvinghazardous 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 offeredhazardous material for transportationby air and failed to train the HAZMAT employee who offeredthe shipment. q. Section 173.1(b), [49 C.F.R. § 173.1(b)] whichprohibits the shipment of hazardous material by air that was not packed in packaging specified in Part 173.

12r. Section 173.22(a)(1), [49 C.F.R. § 173.22(a)(1)] in that it offeredhazardous material for transportationby 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 offeredhazardous material for transportation by air and failed to determine that the authorizedpackaging or container was an authorizedpackaging, includingpart 173 requirements, and that itwas manufactured, assembled, andmarked in accordance with a specification of the Department in effect at the date ofmanufacture of the packaging or container.
t. Section 173.24(b)(1), [49 C.F.R. § 173.24(b)(1)] in that it offeredhazardous material for transportationby 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 wouldbe no identifiable release of hazardous materials to the environment.

u. Section 173.27(d), [49 C.F.R. § 173.27(d)] in that it offeredhazardous material for transportationby air in packagingwhere the body and closure of the packagingwas not constructedto adequately resist the effects of temperature and vibration occurring in conditions normally incident to air transportation and the inner packaging or receptacle closures of combinationpackages containing liquids was not held securely, tightly and effectively inplace by secondarymeans.

v. Section 173.203(b), [49 C.F.R. § 173.203(b)] in that it offeredhazardous material for transportationby air and failed to use the combinationpackagings authorized for outer packagings stated in Section 173.203(b) COUNT III 1. On or about June 26, 2014, Cargoquin Inc., offered an improperly declaredhazardous 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 PartAEpoxy and ten (1) one gallon cans of Carboline Phenoline X2301-71F Part BEpoxy. 3. The cans were separatedby small Styrofoampieces.
134. On the exterior of one side of the boxwere orientation arrows and a limited quantity symbol. On the opposite side of the boxwere orientation arrows and a triangular shaped symbol with the language "HEAVY LIQUID" printedon the inside of the triangle. 5. No UN number, Packing the exterior of the box. shippingpapers. Group or Hazard Class was printed on The shipment was not accompaniedby

6. Theproper shipping name on the exterior of the box. PhenolineX2301-71F PartB. "Paint" was also printed on a label Also, printed on the label was

7. The proper shipping name for Carboline Phenoline X2301-71F PartAEpoxy is Paint, hazard class 3, PG III, UN 1263. The proper shipping name for Phenoline X2301-71F Part Bis Paint, hazard class 8, PG III, UN 3066. 8. Carboline Phenoline X2301-71F PartAEpoxy and Carboline Phenoline X2301-71F Part BEpoxy are regulatedbythe Department of Transportation Hazardous Materials Regulations, 49 C.F.R. § 171 et. seq. (DOT HMR). 9. This shipment leaked in transit. 10. The shipperwas 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 trackingnumber for this shipment was No. 804618590410. 12. Cargoquin offered hazardous material for transportationby air in commerce when the material was not properly classed, described, packaged, marked, labeled, and in a condition for shipment as required or authorizedby applicable requirements of the hazardous material regulations. 13. Cargoquin offeredhazardous material for transportation in air commerce when the requiredhazardous material description on the shippingpapers did not include the identificationnumber prescribed for the material as shown in Column 4 of the § 172.101 Table.

1414. Cargoquin offeredhazardous material for transportation in air commerce when the required shippingpapers 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 offeredhazardous material for transportation in air commerce when the required shippingpapers did not include the Packing Group, in Roman numerals, prescribed for the material in Column 5 of the§ 172.101 Table. 16. Cargoquin offeredhazardous material for transportation in air commerce and failed to describe on the shippingpapers the total netmass per package, unless a grossmass is indicated in Columns (9A) or (9B) of the§ 172.101 Table. 17. Cargoquin offeredhazardous material for transportation in air commerce and failed to describe on the shippingpapers the total netmass perpackage, unless a grossmass is indicated in Columns (9A) or (9B) of the§ 172.101 Table. 18. Cargoquin offeredhazardous material for transportation in air commerce and failed to describe on the shippingpapers the number and type ofpackages. 19. Cargoquin offered hazardous material for transportationby air and failed to certifybyprinted certification, in the manner allowedby 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 offereda hazardous material for transportation in air commerce in non-bulkpackaging and failed tomark the package withthe proper shipping name and identification number of the material as shown in the§ 172.101 Table. 21. Cargoquin offeredhazardous material requiring labeling under the hazardous material regulations for transportation in air commerce and failed to label the non-bulkpackage or containment device with the label specified in Section 172.101 Table and Subpart E of the hazardous material regulations. 22. Cargoquin offeredhazardous 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

15the material is in transportation, including storage incidental to transportation. 23. Cargoquin offeredhazardous material for transportationby air and failed to train the HAZMAT employee who offeredthe shipment. 24. Cargoquin offeredhazardous material for transportationby air and failed to class and describe the hazardous material in accordance withparts 172 and 173 of this subchapter. 25. Cargoquin offeredhazardous material for transportation by air and failed to determine that the authorizedpackaging or containerwas an authorizedpackaging, includingpart 173 requirements, and that it was manufactured, assembled, and marked in accordance with a specification of the Department in effect at the date ofmanufacture of the packaging or container. 26. Cargoquinhazardous material for transportationby air and failed topackage 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 wouldbe no identifiable release of hazardous materials to the environment. 27. Cargoquin offeredhazardous material for transportationby air inpackaging where the body and closure of the packaging was not constructedto adequately resist the effects of temperature and vibration occurring in conditions normally incident to air transportation and the innerpackaging or receptacle closures of combinationpackages containing liquids was not held securely, tightly and effectively inplace by secondarymeans. 28. Cargoquin inthat it offeredhazardousmaterial for transportationby air and failed to use the combinationpackagings authorizedfor outerpackagings statedin Section 173.203(b). 29. By reason of the above Cargoquin violatedthe following Department of TransportationHazardous 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 transportationby air in commerce when the material was not properly classed, described, packaged, marked, labeled, and in a condition for shipment as required or



### 16authorizedby applicable requirements of the hazardous material regulations. b. Section 172.200(a), [49 C.F.R. § 172.200(a)] which requires that eachperson offering a hazardous material for transportation toproperlydescribe the hazardous material on the shippingpapers.

c. Section 172.202(a)(1), [49 C.F.R. § 172.202(a)(1)] in that it offeredhazardous material for transportation in air commerce when the required hazardous material description onthe shipping papers didnot include the identificationnumber prescribed for thematerial 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 offeredhazardous material for transportation in air commerce when the required shippingpapers did not include the hazard class or division number prescribed for the material, as shown in Column (3) inthe 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 offeredhazardous material for transportation in air commerce when the required shippingpapers 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 offeredhazardous 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 offeredhazardous material for transportation in air commerce and failed to describe on the shippingpapers the number and type of packages. h. Section 172.204(a), [49 C.F.R. § 172.204(a)] in that it offeredhazardous material for transportation by air and failed to certifybyprinted certification, in the manner allowedby 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 17properlymark eachpackage, 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-bulkpackaging and failed tomark 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 offeredhazardous material requiring labeling under the hazardous material regulations for transportation in air commerce and failed to label the non-bulkpackage 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 eachperson offering a hazardous material for transportation to provide andmaintain 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 tomake 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 offeredhazardous 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 offeredhazardous material for transportationby air and failed to train the HAZMAT employee who offered the shipment. p. Section 173.l(b), [49 C.F.R. § 173.l(b)] whichprohibits 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 offeredhazardous material for transportationby air and failed
18to 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 offeredhazardous material for transportationby air and failed to determine that the authorizedpackaging or container was an authorizedpackaging, including part 173 requirements, and that it was manufactured, assembled, andmarked in accordance with a specification of the Department in effect at the date ofmanufacture of the packaging or container.

s. Section 173.24(b)(1), [49 C.F.R. § 173.24(b)(1)] in that it offeredhazardous 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 transportationby 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 innerpackaging or receptacle closures of combinationpackages containing liquids was not held securely, tightly and effectively inplace by secondarymeans.

u. Section 173.203(b), [49 C.F.R. § l73.203(b)] in that it offeredhazardous material for transportation by air and failed to use the combinationpackagings 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 AviationAdministration, respectfully requests that the Administrative Law Judge enter an Order that Cargoquinbe assessed a civil penalty in the amount of $70,400.00 for the violations alleged in this complaint.
19Respectfully submittedthis**5~** day of October 2015.

Peter J. Lynch Assistant Chief Counsel for Enforcement

es Archier, SeniorAttorney nforcement Division, Southwest Team Federal AviationAdministration 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)

PleaseNote Pursuant to Title 14 CFR § 13.209(a), you are required to file a written answer to this Complaint, or a writtenmotion 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.

20CERTIFICATE OF SERVICE Re: Cargoquin, Inc., FAA Case No. 2014SW700164 I hereby certifythat on this day, I have sent via Federal Express an executed original andone copy of the Complaint, addressed as follows: Hearing Docket Attention Hearing Docket Clerk FederalAviationAdministration 600 IndependenceAvenue, 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) 753-1369Mr. Edgar Martinez President Cargoquin, Inc. 5803 East Drive Laredo, Texas 78041

21Peter J. Lynch Assistant Chief Counsel for Enforcement 

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**/~~ ~/**  Jjdnes Archler, Senlor Attorney // /Enforcement Division, Southwest

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**~** 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