May 12, 2015

VIA CERTIFIED MAIL Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building, Suite 2Wl000 

# RECEIVED MAY 182015 HEARING DOCKET

RE: Hearing Request for Four Star Chemical Co,, Case No. 2014NM730053 Dear Sir or Madam: Pursuant to 14 CFR 13.16(g)(2)(ii) and (h), Four Star Chemical Company ("Four Star") hereby respectfully requests a hearing in which to contest the allegations and penalty contained in the April30, 2015 Final Notice ofProposed Civil Penalty ("Penalty Notice") issued to Four Star (enclosed herein). Four Star denies that it violated any ofthe laws and/or regulations identified inthe PenaltyNotice. Moreover, even ifany violations did occur, the assessed penalty is excessive, unsupported, and unreasonable. Four Star also requests that the hearing be conducted in or near Los Angeles County, California. Please direct future correspondence concerning this matter to: Tiffany Hedgpeth Edgcomb Law Group, LLP 333 N. Glenoaks Blvd., Suite 6100 Burbank, CA 91502 T: 818-861-7618 omb-law.com

Josh Ulrich 3?.T7 &z.u 2i?' cJ"b'ze.eL •**~ ~,**  C+9005B (323/266-7??? • (BOO) 2.!,13-626¥• (323/526-3969 §TaxU.S. Deportment ofTransportation Federal Aviation Adminishallan 

### APR302015 Office ofthe Regional Counsel.

**Westem~Pacific** Region AWP-7.4 P.O. Box92007 Los Angeles, California 90009-2007 (310) 725-7128 Telephone (310) 725-6816 Facsimile Courtney.Adolph@fua.gov 

### Case No. 2014NM730053 

### CERTIFIED MAIL RETURN RECEIPT REQUESTED AND REGULARMAIL 

# RECEIVED President Four Star Chemical 3137 East 26th Street Los Angeles, CA 90058 

## MAY 18 2015 

## HEARING DOCKET FINAL NOTICE OF PROPOSED CIVIL PENALTY On August 22, 2014, Four Star Chemical was advised through aNotice ofProposed Civil Penalty thatthe Federal Aviation Administration (FAA) proposed to assess a civil penalty in the amount of$70,000.00. As ofApril28, 2015, the parties have been unable to resolve this matter. After considering all the evidence in this matter, including the information you provided in your response to the Notice and thatpresented atthe informal conference held on November 1

7, 2014, it appears that: 1. 

### On or about April15, 2014, Four Star Chemical knowingly offered to United Parcel Service (UPS) a non-bulk, one-piece shipment for transportation from Los Angeles, California, to Prudhoe Bay, Alaska. 2. The above shipment was assigned UPS Tracking Number 1Z9914210355354673, and included two inner boxes each ofwhich contained twelve aerosol canisters ofSYNDEX Safe II Electronics Cleaner. 3. 

### An aerosol canisterofSYNDEX Safe IIElectronics Cleaner is classified as a hazardous material under the§ 172.101 ofthe United States Department ofTransportation Hazardous Materials Regulations (HMR), 49 C.F.R. Chapter I, Subchapter C (Parts 171- 80)

.. Its proper shipping name is "Aerosols, Flammable, n.o.s." It is in hazard class 2.1, and has an assigned identification number ofUN1950. 4. Atthe time Four Star Chemical offered the above shipment, it did notprovide a Shipper's Declaration for Dangerous Goods to UPS. 5. At the time Four Star Chemical offered the above shipment, the shipmentwas not accompanied by shipping paperthat contained an emergency response telephone number as prescribed in subpart G ofpart 172 ofthe HMR. 6. At the time Four Star Chemical offeredthe above-described shipment ofhazardous material for transportation, there was no shipping description ofthe hazardous material2

onthe shipping paper that includedthe identification numberprescribed for thematerial as shown in Column (4) ofthe§ 172.101 table, the proper shipping name prescribedfor the material inColumn (2) ofthe 

### § 172.101 table, the hazard class or division number prescribed for the material as shown in Column (3) ofthe§ 172.101 table, orthetotal quantity ofhazardous materials covered bythe description. 7. Atthe time Four Star Chemical offered the above-described hazardous material for transportation, the shipping paper did not include the certification contained in 

### § 172.204(a)(l) ofthe HMRorthe declaration contained in 

### § l72.204(a)(2) ofthe HMR. 8. At the time Four Star Chemical offered the above-describedhazardous materialfor transportation, while the innerboxes referenced in paragraph 2 bore "Level 3 Aerosol" and "Limited Quantity" marking and label, the exterior ofthe shipmentwas notmarked or labeled in any marrner that indicated the hazardous nature ofits contents. 9. Atthe time Four Star Chemical offered the above-descnoed hazardous material for transportation, the package containing it was not marked with the proper shipping name and the assigned identification number (preceded by "UN," "NA," or "ID," as appropriate) ofeach hazardous material contained in it. 10. At the time Four Star Chemical offered the above-described hazardous material for transportation, no "Flammable gas" label was printed on or affixed to the surface ofthe package containing it. 11. At the time Four Star Chemical offered the above shipment, no emergency response information conforming to subpart G ofpart 172 ofthe HMR, including the emergency response telephone number, was immediately available at all times the hazardous material was present during transportation, and at facilities where hazardous materials are loaded for transportation or otherwise handled during any phase oftransportation, for use by anyone who responds to an incident involving a hazardous material. Based onthe foregoing facts and circumstances, Four Star Chemical appears to have violated the following Department ofTransportation Hazardous Materials Regulations: (a) Section l71.2(e) in that Four Star Chemical offered hazardous material for transportation in commerce withinthe United States when each material was not properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements ofthe HMR, or an exemption, special permit, approval, or registration issued underthe HMR or Subchapter A ofChapter 1 ofTitle 49, Code ofFederal Regulations. (b) Section 172.200(a) inthat Four Star Chemical offered a hazardous material for transportation without describing the hazardous material onthe shippingpaper in the marrner required by subpart C ofpart 172 ofthe HMR. (c) Section 172.201(d) inthat Four Star Chemical offeredhazardous material for transportation when the shipping paper did not contain an emergencyresponse telephone number as prescribed in subpart G ofpart 172 ofthe HMR.3 (d) Section 172.202(a) in that Four Star Chemical offered hazardous material for transportationwhen there was no shipping description ofthe hazardous material on the shipping paperthat included the identification numberprescribed forthe material as shownin Colnmn (4) ofthe§ 172.101 table, theproper shipping name prescribedfor thematerial inColnmn (2) ofthe§ 172.101 table, the hazard class or division numberprescribed for the material as shown in Column (3) ofthe 

### § 172.101 table, orthe total quantity ofhazardous materials covered by the description. (e) Section 172.204{a) inthat Four Star Chemical offered hazardous material for transportation when the shipping paper did notinclude the certification contained in§ 172.204(a)(1) ofthe HMR orthe declaration containedin§ 172.204(a)(2) of theHMR. (f) Section 172.300(a) inthat Four Star Chemical offered hazardous material for transportation when the package containing 

### itwas notmarked in the manner required by subpart D ofpart 172 ofthe HMR. (g) Section 172.301(a)(1) in that Four Star Chemical offered hazardous material for transportation in a non-bulk package when the package was not marked with the proper shipping name and identification number (preceded by "UN," "NA," or "ID," as appropriate) for the material as shown in the § 172.101 Table. (h) Section 172.400(a) in that Four Star Chemical offered a non-bulk package containing hazardous material for transportation when the package was not labeled with the labels specified for the material in the § 172.101 table and subpart E of part 172 ofthe HMR. (i) Section 172.600(c) in that Four Star Chemical offered hazardous material for transportation when emergency response information conforming to subpart G of part I72 ofthe HMR, including the emergency response telephone number, was not immediately available for use at all times the hazardous material was present. 

### G) Section 172.604(a) in that Four Star Chemical offered a shipment containing hazardous material for transportation and failed to provide an emergency response telephone number, including the area code or international access code, for use in the event ofan emergency involving the hazardous material. In accordance with Section 5123(a) oftitle 49 ofthe United States Code (Transportation) (49 U.S.C. Section 5123(a)), Four Star Chemical is liable for a civil penalty not lower than $450.00 for training violations, nor greater than $75,000 (or $175,000 for violations resulting in death, serious illness, or severe injury to any person, or substantial destruction ofproperty) for each violation ofthe Department ofTransportation Hazardous Materials Regulations. Considering all the facts and circumstances, we propose to assess a civil penalty in the amount of$70,000.00. Unless you mail or personally deliver, in writing, the request for a hearing in this matter, on or before 15 days after you receive this Final Notice, we will issue an Order Assessing Civil Penalty and Four Star Chemical will have no further right to a hearing. Ifa written request for a hearing is not submitted, the civil penalty must be paid.4

Yourrequest for a hearing mustbe sent to: (1) ForU.S. mail or certified mail- Federal Aviation Administration, 800 Independence Avenue, SW, Washington, DC 20591, Attention: Hearing DocketClerk, AGC-430, Wilbur Wright Building-Room 2Wl000; (2) for commercial expedited courier (overnightmail)- Federal AviationAdministration, 600 Independence Avenue, SW., Wilbur Wright Building, Suite 2W1000, Washington, DC 20591, Attention: HearingDocket Clerk, AGC-430; (3) a copy

### MUST be sentto the undersignedFAA attorney in the Office ofthe Regional Counsel, P.O. Box 92007, Los Angeles, CA 90009-2007, (310) 725-. Your request must bedated and signed, in accordance with Section 13.16ofthe Federal Aviation Regulations, sentto you withthe Notice ofProposed Civil Penalty (14 C.F.R. 13.16). Please pay the proposed penalty by submitting a cashier's check, certified check, or money order payable to the "Federal Aviation Administration", to FAAJMMAC, AMK-322, PO Box 25770, Oklahoma City, OK 73125. You maypay your civilpenalty with a credit card over the Internet. To pay electronically, visittheweb site at

### http://www.pay.gov. Under the "SearchPublicForms" option located on the left side ofthe page, type 

### FWP-FINEl and press "Go." Onthe page entitled "Search Public Forms," scroll to the bottom ofthe page and enter "NextPage." Click on "FAA Civil Penalty Payments- 

### Western-Pacific Region," follow the prompts to complete the requested information and click "submit" to pay by credit card. Please advise me ofthe date ofany paymentmade overthe Internet. Naomi Tsuda Regional Counsel



# By:~~ Attorney 

## '··d··- cc: Tiffany Hedgpeth, Esq. Edgcomb Law Group, LLP 

### 333N. Glenoaks Blvd., Suite 610 Burbank, CA 91502 AHW-410 (SEA-SECFO)