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 2Wl 000 

RECEIVED 

MAY 1 8 2015 

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 of Proposed Civil Penalty ("Penalty Notice") issued to Four Star 

(enclosed herein). Four Star denies that it violated any of the laws and/or regulations identified 

in the Penalty Notice. Moreover, even if any 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 §Tax 
U.S. Deportment 

of Transportation 

Federal Aviation 

Adminishallan 

APR302015 

Office of the Regional Counsel. 

Westem~Pacific Region 

AWP-7.4 

P.O. Box 92007 

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 REGULAR MAIL 

President RECEIVED 

Four Star Chemical 

313 7 East 26th Street 

Los Angeles, CA 90058 

MAY 1 8 2015 

HEARING DOCKET 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On August 22, 2014, Four Star Chemical was advised through a Notice of Proposed Civil 

Penalty that the Federal Aviation Administration (FAA) proposed to assess a civil penalty in 

the amount of$70,000.00. As of April28, 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 that presented at the 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 of which contained twelve aerosol canisters of SYNDEX 

Safe II Electronics Cleaner. 

3. An aerosol canisterofSYNDEX Safe II Electronics Cleaner is classified as a hazardous 

material under the§ 172.101 of the United States Department of Transportation 

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. At the time Four Star Chemical offered the above shipment, it did not provide a 

Shipper's Declaration for Dangerous Goods to UPS. 

5. At the time Four Star Chemical offered the above shipment, the shipment was not 

accompanied by shipping paper that contained an emergency response telephone number 

as prescribed in subpart G of part 172 of the HMR. 

6. At the time Four Star Chemical offered the above-described shipment of hazardous 

material for transportation, there was no shipping description of the hazardous material 
2 

on the shipping paper that included the identification number prescribed for the material 

as shown in Column (4) of the§ 172.101 table, the proper shipping name prescribed for 

the material in Column (2) of the § 172.101 table, the hazard class or division number 

prescribed for the material as shown in Column (3) of the§ 172.101 table, or the total 

quantity of hazardous materials covered by the description. 

7. At the 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) of the HMR or the declaration contained in § l72.204(a)(2) of the HMR. 

8. At the time Four Star Chemical offered the above-described hazardous material for 

transportation, while the inner boxes referenced in paragraph 2 bore "Level 3 Aerosol" 

and "Limited Quantity" marking and label, the exterior of the shipment was not marked 

or labeled in any marrner that indicated the hazardous nature of its contents. 

9. At the 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) of each 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 of the 

package containing it. 

11. At the time Four Star Chemical offered the above shipment, no emergency response 

information conforming to subpart G of part 172 of the 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 of transportation, 

for use by anyone who responds to an incident involving a hazardous material. 

Based on the foregoing facts and circumstances, Four Star Chemical appears to have 

violated the following Department of Transportation Hazardous Materials Regulations: 

(a) Section l71.2(e) in that Four Star Chemical offered hazardous material for 

transportation in commerce within the 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 of the HMR, or an 

exemption, special permit, approval, or registration issued under the HMR or 

Subchapter A of Chapter 1 of Title 49, Code of Federal Regulations. 

(b) Section 172.200(a) in that Four Star Chemical offered a hazardous material for 

transportation without describing the hazardous material on the shipping paper in 

the marrner required by subpart C of part 172 of the HMR. 

(c) Section 172.201(d) in that Four Star Chemical offered hazardous material for 

transportation when the shipping paper did not contain an emergency response 

telephone number as prescribed in subpart G of part 172 of the HMR. 
3 

(d) Section 172.202(a) in that Four Star Chemical offered hazardous material for 

transportation when there was no shipping description of the hazardous material on 

the shipping paper that included the identification number prescribed for the 

material as shown in Colnmn (4) of the§ 172.101 table, the proper shipping name 

prescribed for the material in Colnmn (2) of the§ 172.101 table, the hazard class or 

division number prescribed for the material as shown in Column (3) of the 

§ 172.101 table, or the total quantity of hazardous materials covered by the 

description. 

(e) Section 172.204{a) in that Four Star Chemical offered hazardous material for 

transportation when the shipping paper did not include the certification contained 

in§ 172.204(a)(1) of the HMR or the declaration contained in§ 172.204(a)(2) of 

theHMR. 

(f) Section 172.300(a) in that Four Star Chemical offered hazardous material for 

transportation when the package containing it was not marked in the manner 

required by subpart D of part 172 of the 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 § 172.1 01 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 of the 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 I 72 of the 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 of an emergency involving the hazardous material. 

In accordance with Section 5123(a) oftitle 49 of the 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 

of property) for each violation of the Department of Transportation 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. If a written request 

for a hearing is not submitted, the civil penalty must be paid. 
4 

Your request for a hearing must be sent to: (1) For U.S. mail or certified mail- Federal 

Aviation Administration, 800 Independence Avenue, SW, Washington, DC 20591, 

Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building-Room 2Wl 000; (2) 

for commercial expedited courier (overnight mail)- Federal Aviation Administration, 600 

Independence Avenue, SW., Wilbur Wright Building, Suite 2W1000, Washington, DC 

20591, Attention: Hearing Docket Clerk, AGC-430; (3) a copy MUST be sent to the 

undersigned FAA attorney in the Office of the Regional Counsel, P.O. Box 92007, Los 

Angeles, CA 90009-2007, (310) 725-. Your request must be dated and signed, in 

accordance with Section 13.16 of the Federal Aviation Regulations, sent to you with the 

Notice of Proposed 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 may pay your civil penalty with a credit card over the Internet. To pay electronically, 

visit the web site at http://www.pay.gov. Under the "Search Public Forms" option located 

on the left side of the page, type FWP-FINEl and press "Go." On the page entitled "Search 

Public Forms," scroll to the bottom of the page and enter "Next Page." 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 of the date 

of any payment made over the 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)