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FAA 

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000 2 

< ^ 

U.S. Department 

of Transportation 

Federal Aviation 

Adnrtinistration 

MAR - 8 2012 

Western-Pacific Region 

Office of the Regional Counsel 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

Telephone: (310)'725-7T05 

Facsinnile: (310)725-6816 

^:-:^' 

CERTIFIED MAIL - RBTUKN RECEIPT REQUESTED and FACSIMILE 

Fedfcral A\iaiioii Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

I 

^j\A- ^og-0!^ 1 

Re: In the Matter of BuHc Steel & Fabrication, Inc, 

CascNo. 20inVP700141 

Enclosed is a copy of a request for hearing received by the agency attorney on Febnur^' 22, 

2012.' and the original and one copy of the Complaint in the above-referenced proceeding. 

I request that the hearing in this matter be held in the Los Angeles, California axca, and 

expect that the hearing will last one (1) day. 

Please address all coromunications for the Regional Counsel of the Western-Pacific Region, 

to the undersigned, at: Office of the Regional Counsel, AWP-7.3 , Federal Aviation 

Administration, Western-Pacific Region, P. 0. Box 92007. Los Angeles, CA 90009-2007, 

Telephone: (310) 725-7105, FAX: (310)725-6816. 

Sincerely, 

NAOMI TSUOA 

Regionai-Owinscl 

By: v^ 

^€tln stopl^ef^erril 1 

Attorney"' 

Enclosures: Request for Hearing; Complaint; Certificate of Service 

NOT E T O RESPONDENT : SECTION 13.209 OF IW I C ? RUT.ES OF PRACTICE 

REQUIRE THA T A WRITTEN ANSWER TO THE COMPLAINT B E FILED NO T 

LATER THA N 3 0 DAY S .^FTER SERVICE O F THE COMPLAINT, AS AN 

ALTERNATIVE T O FILIMG A N ANSWER. A MOTIO N MA Y BE FILED PURSUAN T 

TO SECTION 13.208(D) O R SECTION 13.218(F)(L-4) OF THE RULES OF PRACTICE. 
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^^m^%-

F AA 

A>YP-7 

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(Sooo 

FebTuanM6, 2012 

Federal Aviation Administrarion 

ATTN; Hearing Docket Clerk, AGC^30 

600 Independence Ave. SW 

Wilbur Wright Building, Ste 2W1000 

Washington, DC 20591 

Federal Aviation Administration 

ATTN: Hearing Docket Clerk, AGC-430 

800 Indeoendence Ave. SW 

Washington. DC 20591 

Office of the Regional Counsel 

Attn: Christopher I. Merrill 

PO Box 92007 

Los Angeles, CA 900096-2007 

RE: Case No. 201IWP700141 

We are v-Titing to confirm receipt of the Final Notice of Proposed Civil Penal t\'dated 

Februarys. 2012. 

Per instructions on page three of the notice, we arc writing this letter to request a bearing 

in the Proposed Civil Penalty matter. If you shoold need to contact our office, please feel 

fi"ee TO do so at the information below. 

Sincerely, 

C ^ ' 

JefF'Brochheuscr 

President 

Certified Mail: F.^A Arm; Hearing Dockci Clerk AGC-330 , Receipt TW7008 1820 0003 1214 2*17S 

Cenified M:ul: Office of ihc Regional Counsel, Attn: Christopher]. Merrill Ationjry. R.ccciFr#7005 IS30 

0003 1214 24B2 

Federal Express: F.\A Ann: Hearing Docket Cla k AGC^SO , TnKkins #7980 6813 4966 

i323D GDNTR4CTDRS DR. • CHICD. CA 95973 • PH (530) 803.1113 • FAX (53D) 89130! ^ 
TTTTTT^TTTnTTrrmX 2024935142 'rAA r [jHS :^00i/0 K 

03/08/201 2 OS:03 FA I 3107256316 A^P-T i3l004 

U.S. DEPARTiMENT OF TRA>SPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of Butte Steel & 

Fabrication, Inc.: FAA DOCKET UN ASSIGNED 

FAACASENO . 2011WP7y014l 

Respondent. 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules of Practice 

(14 C.F.R. 13.208), and states as follows: 

I. 

Respondent, Butte Steel & Fabrication. Inc. (Bntte). was advised throii^i :i Final 

Notice of Proposed Ci^-il Penalt>\ dated Febniaiy 8, 2012, that the Federal Aviarion 

Administration (FAA) proposed to assess a civil penalty in the amount of S47,25(».00. 

Respondent submitted a ^written request for a hearing received by the agency ar.orney 

Februao'22,2012. 

n. 

1. On or about May 12. 2011, Barbara Kuhlmanu, an employee of Respondent, offered a 

shipment to FedEx Express for air liansportation from Cluco, California, to "Phillip of 

Bealcs Martin" in Redwood City, California. 
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03/08/201 2 08:0S FA I 3107256816 .^WP-7 '2i005 

2. Tlie shipment consisted of a fiberboard box containing two 1-liter cans of Multiprimc 

FasiDry 2.SVOC. It was offered on Airway Bill No. 7947 5474 1516. • 

3. Multiprime Fast Dry 2.8 VOC is a hazardous material, in accordance with the 

Hazardous Materials Table in Title 49 of the Code of Federal Regulations (49 CFR), Section 

172.101. n is "Paint," UNI263, Hazard Class 3, Packing Group n. 

'1. The Respondent's employee, Barbara Ktihlmann, offered the shipment for air 

transportation in commerce when it was not properly classed, described, packaged, marked, 

labeled, and/or in conditioii for shipment as required or authorized by applicable 

requirements in Subchapter C of Chapter I of 49 CFR, or an exemption or special permit, 

approval, or registration issued under SubchaiMer C or Subchapter A of Chapter 1. To w-it; 

4.1. The package was not properly classified and'or described; 

4.2. l"hc package did not meet packaging requirements. Specifically, it was not 

packaged using a sufficient quantity of absorbent material TO absorb the entire contents of 

^ny ope of the iimer packagings; and stoppers, corks or other friction-type closure? -were not 

held securely, tightly, and effectively in place by positive means; 

4.3. The package was not properly marked; 

4.4. The package was not properly labeled. 
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5. Respondent offered the shipment when emergency response infonnation, conforming to 

subpart G of part 172 of 49 CFR, was not immediately aA^ailable for use at ail times the 

hazardous material was present Butte Steel & Fabrication, Inc. offered the shipment when it 

did not provide an emergency response telephone number for use in the event of an 

emergency involving the hazardous material. 

6. On or about May 13> 2011, FedEx Express transported the shipment by air tiom Chico to 

its son facility in Mcnlo Park, where the shiptncnt vvas discovered to be leaking. 

7. As described above, Barbara Kuhlmanu was a hazmat employee, and Responcent was a 

hazmat employer, as those terms axe defined in 49 CFR. § 171.8. Hazmat employee 

Barbara Kuhlmann offered the shipment for aii transportation when she did not have 

function specific, security awareness, etc., training in accordance with subpart H of part 172 

of 49 C.F.R. 

III. 

By reason of the foregoing facts and circiunsuinccs. Respondent violated the follo'^ng 

sections of the Federal Aviation Regulations (Title 14, Code of Federal Regulations): 

a. Section 171.2(e), which generally states that no person may offer or accept a 

hazardous material for transportation in commerce unless the hazardous material 

is properly classed, described, packaged, marked, labeled, and in condition for 

shiptnent as required or authorized by applicable requirements of said subchapter 

or an exemption or special pcnnil, approval, or registration. 

b. Section 172.200(a), which states that no person may offer hazardous material for 

traasponation unless the material is properly described on the shipping papers. 
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c. Section 172.300(a). which states tliat each.person who offers hazardous material 

for transportation shall mark each package containing the hazardous material in 

the manner required by HMR subpart D (Marking). 

d. Section 172.600(c), which generally state3, in relevant pan, tliat no person may 

offer [or transportation a ha^aidous material unless emergency respon5e 

information is immediately available for use at all times the hazardous material is 

present. 

e. Section 172.604(a), which generally states that a person who offers a hazardous 

material for transportation must provide an emergency response telephone 

number for use in the event of an emergency invohTng the hazardous material. 

The telephone numbci mu^t comply with the rcquiieiuciits specified in the 

applicable subsections. 

f Section 172.702(a), which generally states tliai a hazmat employer shall ensure 

that each of its hazmat employees is trained in accordance with the requirements 

prescribed in this subpan. 

g- Section 172.704(c), which generally provides in relevant part that a. hazmat 

employee must receive the training required by this subpart at least once every 

three years. 

h. Section 173.24(b)(1), which generally states that, each package used for the 

shipment of hazardous materials xmdcr this subchapter shall be designed, 

constructed, maintained, filled, its contents SO limited, and closed, so that under 

conditions normally incident to transponation, there will be no identifiable 

(without the use of instnunents) release of hazardous materials to the 

environment. 
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i. Section 173.24(f;. which generally states that closures on packagings shall be so 

designed and closed that under conditions (including the effects of temperature, 

pressure and vibration) normally incident to transportation the closure is 

leakproof and secured against loosening. For air transport, stoppers, corks or 

other such triction closures must be held in place by positive means. 

IV 

1. Pursuant to Title 49 U.S.C. Section 5123(a), Respondent is subjeci to a civil 

penalty not less than $450 for each training violation, not less than S250 for each other 

violation, and not more than $50,000, for eadi of the \-iolation5 alleged. 

2. Under the facts and circumstances of this case, a ciWl penalty of S^7,250.00 

is appropriate. 

THEREFORE, the Complainant, respcctfiilly requests thai the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $47,250.00 

^cspectfiolly .subt^tted.. 

I ! 

^ -Ghitsfepher Merrill 

Attorney 

Office of the Regional Counsel 

Federal Aviation Adm.iniGtr3rion 

We stem-Pacific Region 

DATED: MAR -8 2012 
03/09/2012 1B:15 FAX 2024935142 FAA - DMS 1^009/014 

03/08/2012 08:09 F.\X 3107256816 AWP-7 ©009 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

W.^SHEVGTON, DC 

In the Matter of Bune Steel & 

Fabrication, Inc.: FAA DOCKET UNASSTGNED 

FAACASENO. 2011WT700141 

Respondent. 

JUDGE NOT ASSIGNED 

COMPLAJNT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules of Practice 

(14 C.F.R. ] 3.208), and states as follows: 

I. 

Respondent Butte Steel & Fabrication, Inc. (BuUe), was advised through '^ Final 

Notice of Proposed Civil Penalty, dated February 8, 2012, that the Federal Aviaticn 

Administration (^FAA) proposed to assess a civil penalty in tlie amount of 547,250.00. 

Respondent submitted a written request for a hearing received by the agency attorney 

February 22, 2012. 

n. 

1. On or about May 12, 2011, Barbara Kuhlmann, an employee of RespondenU offered a 

shipment to FedEx Express for air transportation from Chico, California, to "Phillip of 

Beales Martin" in Redwood City, California. 
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03/OS/2012 08:09 ¥\X 3107256819 AffP-7 Soi O 

2. The shipment consisted of a fiberboard box containing two 1-liter cans of Multiprime 

Fast Diy 2.8 VOC. IT was offered on Airway Bill No. 7947 5474 1516. 

3. Multiprime Fast Do' 2-8 VOC is a hazardous material, in accordance with the 

Hazardous Materials Table in Title 49 of the Code of Federal Regulations (49 CFR), Secrion 

172.101. It is "Painr," UN1263, Hazard Clas?- 3, Packing Group II. 

4. The Respondent's employee, Barbara Kuhlmann, offered the shipment for aij' 

transportation in commerce when it was not properly classed, described, packaged, marked, 

labeled, and''or in condition for shipment as required or authorized by applicable 

requirements in Subchapter C of Chapter I of 49 CFR, or an exemption or spcciiil pennit, 

approval, or registration issued imder Subchapter C or Subchapter A of Chapter I. To wit: 

4.1. The package was not properly classified and/or described; 

4.2. The.package did not meet packaging requirements. Specifically, it was not 

packaged using a sufficient quantity of absorbent material to absorb the entire contents of 

any one of the inner packagings; and stoppers^ corks or other friction-type closures were not 

held securely, tightly, and effectively in place by positive means; 

4.3. The package was not properly marked; 

4.4. The package was not properly labeled. 
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4 

5. Respondent offered the shipment when emergency response information^ conforming to 

subpart G of pan 172 of 49 CFR, >A'as not immediately available for use at all times the 

hazardous material was present. Bune Steel .S: Fabrication, Inc. offered the shipment when it 

did not provide an emergency response telephone number for use in the event of £.n 

emergency involving the hazardous material. 

6. On or about May 13, 2011, FedEx Express transported the shipment by air from Chico to 

its sort facility in Menlo Park^ where the shipment was discovered to be leaking. 

7. As described above, Barbara Kuhlmarm was a hapanat employee, and Respono'ent was a 

hazmat employer, as those terms are defined in 49 C.F.K § 171.8. Hazmat employee 

BEirbara Kuhlmann offered the shipment for air transportation when she did not have 

function specific, security awareness, etc., training in accordance with subpart H of part 172 

of49C.F.R. 

m. 

By reason of the foregoing facts and circumsLdjices, Respondent violated the followinc 

sections of the Federal Aviation Regulations (Title 14, Code of Federal Regulations): 

a. Secrion 171.2(c), which generally .jtaies that no person may offer or accept a 

hazardous material for transportation in commerce unless the hazardous material 

is properly classed, described, packaged, marked, labeled, and in condition for 

shipment as required or authorized by applicable requirements of said subchapter 

or an exemption or special permit, approval, or registration. 

b. Section 172.200(a), which states tliat no person may offer hazardous material for 

trtui^portation urJess the material 15 properly described on the shipping papers. 
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c. Section 172.300(a), which stales tbat each person who offers hazardous material 

for transportation shall mark each package containing the hazardous rr^atcrial in 

the manner required by HMR subpart D (Marking). 

d. Section 172.600(c), which generally states, in relevant part, thai no person may 

offer foi transportation a hazardous material imless emergency response 

information is immediately available for use at all times the hazardous material is 

present. 

e. Section 172.604(a), which generally states that a person who offers a hazardous 

material for transportation must provide an emergency response telephone 

number for use in the event of an emergency involving the hazardous material. 

The telephone number must comply with the requirements specified ir tlie 

applicable subsections. 

f Section 172.702(aX which generally slates that a hazmat employer shall ensure 

that each of its hazmat employees is trained in accordance witli the requirements 

prescribed in this subpart. 

g. Section 172,704(c), which generally provides in relevant part that a hazmat 

employee must receive, the training required bv this subpart at least once every 

three years. 

h. Section 173.24(b)(1), which generally states that, each package used for the 

shipment of hazardous materials under this subchapter shall be designed, 

constructed, maintained, filled, its contents so limited, and closed, so that under 

conditions normally incident to transportation, there will be no identifiable 

(without the use of instnmients) release of ha:i:ardous materials to the 

environment. 
03/09/2012 1G:15 FAX 2024935142 FAA ^ DMS [^013/014 

03/08/2012 08:09 F.'^X 3107256816 AWP-7 (2)013 

i. Section 173.24(f). which geaerally states that closures on packagings ?hall be so 

designed and closed that under conditions (including the effects of tem.perature, 

pressure and vibration) normally incident to ti-ansportation the closure is 

leakproof and secured against loosening. For air transport, stoppers, corks or 

other such friction-closures must be held in place by positive means. 

IV. 

1. Pursuant to Title 49 U.S.C. Section 5123(a), Respondent is subject to a civil 

penalty not less than $450 for each uraining violation, not less than $250 for each other 

•\.'iolation, and not more than 550,000, for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of S-^^,250.00 

is appropriate. 

WHERJiFORE, the Complainant, respectfiilly requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $47,250.00 

'"' -Ghti^bphcr 

Attorney 

Office of the Regional Counsel 

Federal Aviatiir>n Administration 

Western-Pacific Region 

DATED: MAR - 6 2012 
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CERTIFICATE 0 ^ SERVICE 

I hereby certify that on this date I have sent by facsimile and placed in the United 

States mail, postage prepaid, certified mail - return receipt requested, the executed original 

and one copy of the Complaint, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

FacsimUe: (202) 493-5142 

I fiJrther certify thai on this date ] have placed in the United States mail, postage 

prepaid, certified mail - return receipt requested, and facsimile where Indicated, a true copy 

of the Complaint, addressed as follows: 

Buric Steel & Fabrication. Inc. 

Atm: Jeff Brochheuser, President 

13290 Comractors Drive 

Chico, CA 95973 

Fax:(530)893-3014 

Dated: MAR - 8 2012 

Jeff Kamb&g, Legal Technician^ 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Lai-vndale. Califomia