U. S. Department ofTransportation Federal Aviation Administration 

### JUN 

## 30 

### 2015 Alaskan Region Office of the Regional Counsel

CERTIFIED MAIL-RETURN RECEIPT REQUESTED Hearing Docket Federal Aviation Administration 800 Independence Avenue, SW Washington, D.C. 20591 ATTN: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Room 2Wl000 Re: Inthe Matter ofArctic Slope Native Association, Ltd. Case No. 2015NM730027 Dear Sir orMadam: 222 W. 7th Avenue #14 Anchorage, Alaska 99513 Phone: (907) 271-5271 Fax: (907) 271-2800 Email: glenn.brown@faa.gov 

# RECEIVED JUL - 7 2015 HEARING DOCKET 

## !)O**\"":::>~** 

# d-4 ::)·-1

On June 29,2015, we were notified that on June 26,2016, Arctic Slope Native Association, Ltd., requested a hearing inthe above-referenced case. Enclosed are the original and one copy ofthe Complaint inthe above-referenced proceeding as required by§ 13.208(a) ofthe Rules ofPractice inFAA Civil Penalty Actions, 14 C.F.R. Part 13, Subpart G. By copy ofthis letter, the Complaint is being served onRespondent as required by § 13 .208(b). The FAArequests thatthe hearing inthis matter be held inAnchorage, Alaska, and expects that the hearing will last one day. Please address all communications for the FAA to Howard L. Martin, Jr., Regional Counsel, Federal Aviation Administration, Office ofthe Regional Counsel, AAL-7, 222 West 7th Avenue, Box 14, Anchorage, Alaska 99513-7587. HOWARD L. MARTIN, JR. Regional Counsel
By: Glenn H. Brown Senior Attorney Enclosures
cc: Richard D. Monkman, Esq. (with copy ofFAR 13.16 and Subpart G ofPart 13)U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION
Inthe Matter of: 

## I I I I Arctic Slope Native Association, Ltd. 

## I Judge NotAssigned FAA DocketNo. Unassigned

COMPLAINT 

# RECEIVED JUL - 7 2015 

## HEARING DOCKET 

# a.o**\~** 

# -J-.43\ The Federal Aviation Administration (FAA), bycounsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.P.R. § 13.208), and states as follows:
I. OnMay 4, 2015, Respondent was advised through a Notice ofProposed Civil Penalty that the FAAproposedto assess a civil penalty in the amount of$20,000. The FAA did not receive any response to the Notice. Respondent was advised through a Final Notice of Proposed Civil Penalty dated June 16, 2015, that the FAAwould assess a civil penalty inthe amount of$20,000 ifRespondent did not submit a written request a hearing. On June 26, 2015, Respondent submitted a written request for a hearing.
II. 1. On or about March 23, 2015, Respondent knowingly offered to Alaska Airlines a 24-piece, non-bulk shipment for transportation by air from Anchorage, Alaska, to Barrow, Alaska.
2. The above shipment was assigned Air Waybill No. 027-1219-2961.3. Atthe time Respondentoffered the above shipment to Alaska Airlines, it declared thatthe shipment consisted of"Shelving Dry Goods" and that it did not contain dangerous goods.

4. Included in the above shipment were 48 IS-ounce aerosol canisters ofSprayway Stainless Steel Cleaner and Polisher.

5. 

### An aerosol canister ofSprayway Stainless Steel Cleaner and Polisher is classified as a hazardous material under§ 172.101 ofthe United States Department ofTransportation Hazardous Materials Regulations (HMR), 49 C.P.R. Chapter I, Subchapter C (Parts 171-80). Its proper shipping name is "Aerosols, flammable." It is in hazard class 2.1 (Flammable gas) and has an assigned identification number ofUNl950.

6. Atthe time it offered the above shipment, Respondent did not provide to Alaska Airlines a Shipper's Declaration for Dangerous Goods.

7. Atthe time Respondentoffered the above-described shipment, the shipping paper did not include an emergency response telephone number thatmetthe requirements of§ 172.604 of theHMR.

8. Atthe time Respondent offered the above-described hazardous material for transportation by air, there was no shipping description ofthe hazardous material on the shipping paper that included the identification number prescribed for the material as shown in Column ( 4) ofthe 2§ 172.101 table,.the proper shipping name prescribed for the material in Column (2) ofthe § 172.101 table, the hazard class or division number prescribed for the material as shown in Column (3) ofthe§ 172.101 table, or the total net mass perpackage.

9. Atthe time Respondent offered the above-described hazardous material for transportation by air, the description inthe shipping paper did not include a statement indicating that the shipment is within the limitations prescribed for either passenger and cargo aircraft or cargo aircraft only.

10. Atthe time Respondent offered the above-described hazardous material for transportation by air, the shipping paper did not include the certification contained in § 172.204(a)(l) ofthe HMR, the declaration contained in§ 172.204(a)(2) ofthe HMR, the certification contained in § 172.204(c)(1) ofthe HMR, or the additional statement specified in § 172.204(c)(3) ofthe HMR.

11. At the time Respondent offered the above-described hazardous material for transportation by air, it did not provide Alaska Airlines with two (2) copies ofthe certificationrequired by § 172.204 ofthe HMR.

12. Atthe time Respondent offered the above-described hazardous material for transportation, the shipment was not marked or labeled in any manner that indicated the hazardous nature ofits contents. 

### 313. Atthe time Respondent offered the above-described 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 init.

14. Atthe time Respondent offered the above-described hazardous material for transportation, no "Flannnable gas" label was printed on or affixed to the surface ofthe package containing it.

15. Atthe time Respondent offered the above shipment, no emergency response information conforming to subpart G ofpart 172 ofthe HMRwas immediately available at all times the hazardous material was present, and such information, including the emergency response telephone number, was not immediately available to anypersonwho, as a representative ofa Federal, State, orlocal govermnent agency, responds to an incident involving a hazardous material oris conducting an investigation that involves a hazardous material.

III. I. Byreason ofthe foregoing facts and circumstances, Respondent violated the following Department ofTransportation Hazardous Materials Regulations: (a) Section 171.2(e) in that Respondent offered a hazardous material for transportation in commerce withinthe United States when each material was not 

### 4properly 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, orregistration issued underthe HMR, or Subchapter A of Chapter 1 ofTitle 49, Code ofFederal Regulations.
(b) Section 172.200(a) inthat Respondent offered a hazardous material for transportation without describing the hazardous material onthe shipping paper in the manner required by subpart C ofpart 172 ofthe HMR.
(c) Section 172.201(d) inthat Respondent offered a hazardous material for transportation whenthe shipping paper did not contain any emergency response telephone number that metthe requirements of§ 172.604 ofthe HMR.
(d) Section 172.202(a) inthat Respondent offered a hazardous material for transportation by air when the shipping description ofthe hazardous material onthe shipping paper did not include the identification number prescribed for the materialas shown in Column (4) ofthe § 172.101 table, the proper shipping name prescribed for the material in Column (2) ofthe § 172.101 table, the hazard class or division number prescribed for the material as shown in Column (3) ofthe§ 172.101 table, or the total net mass per package.



### 5(e) Section 172.203(f) inthat Respondent offered a hazardous material for transportation by air without including in the shipping paper a statement indicating that the shipment is withinthe limitations prescribed for either passenger and cargo aircraft
or cargo aircraft only.
(f) Section 172.204(a) inthat Respondent offered a hazardous material for transportationwhenthe shipping paper did not include the certification contained in § 172.204(a)(l) ofthe HMR, the declaration contained in§ 172.204(a)(2) ofthe HMR,
orthe certification contained in 

### § 172.204( c)(1) ofthe HMR.
(g) Section 172.204( c)(2) inthat Respondent offered a hazardous material to an aircraft operator for transportation by air and did notprovide two copies ofthe required shipper's certification.
(h) Section 172.204(c)(3) in that Respondent offered a hazardous material for transportation by air without including inthe certificationrequired by 

### § 172.204 of the HMRthe following statement: "I declare that all ofthe applicable air transportation requirements have beenmet."
(i) Section 172.300(a) in that Respondent offered a hazardous material for transportation when the package containing itwas not marked inthe manner required by subpart D ofpart 172 ofthe HMR. 6G) Section 172.301(a)(l) inthat Respondent offered for transportation a hazardous material in a non-bulkpackage whenthe 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 inthe § 172.101 table.
(k) Section 172.400(a) inthat Respondent offered for transportation a hazardous material in a non-bulk package when the package was not labeled with labels specified for the material inthe § 172.101 table and in subpart E ofpart 172 ofthe HMR.
(I) Section 172.600(c) in that Respondent offered a hazardous material for transportation whenthe emergency response information conforming to subpart G of part 172 ofthe HMR was not immediately available at all times the hazardous material
was present, and such information, including the emergency response telephone number, was not immediately available to anyperson who, as a representative ofa Federal, State, or local government agency, responds to an incident involving a hazardous material or is conducting an investigationthat involves a hazardous material.
(m) Section 172.604(a) in that Respondent offered a shipment containing hazardous material for transportation and failed to provide an emergency response

7telephone nwnber, including the area code or international access code, for use inthe event ofan emergency involving the hazardous material.

IV. 1. Under49 U.S.C. 

### § 5123 (a)(1), Respondent is liable for a civil penalty ofup to $75,000 for eachviolation ofthe regulations. Forviolations resulting in death, serious illness, or severe injury to anyperson, or substantial destruction ofproperty, the maximwn civil penalty is $175,000 for each violation, and for training violations, the minimwn civil penalty is $450 for eachviolation.

2. Underthe facts and circwnstances ofthis case, a civil penalty of$20,000 is appropriate.

WHEREFORE, the Federal Aviation Administration, by counsel, respectfully requests that the administrative lawjudge enter an order that Respondent be assessed a civil penaltyinthe amount of$20,000.
RESPECTFULLY SUBMITTED this 30th day ofJune 2015.

8 HOWARD L. MARTIN, JR. Regional Counsel

# O!n~ R**By:~** LA_= Glenn H. Brown SeniorAttorneyCERTIFICATE OF SERVICE Re: Arctic Slope Native Association, Ltd. Case No. 2015NM730027 FAA DocketNo. To Be Assigned I hereby certify that onthis date I served a copy ofthe FAA's Complaint and a copy ofthe foregoing letter by placing them inthe United States Mail, postage-prepaid, certified mail, return receipt requested, addressed as follows: Richard D. Monkman, Esq. Sonosky, Chamber, Sachse, Miller & Munson, LLP 900 West Fifth Avenue, Suite 700 Anchorage, AK 99501 I further certify that on this date I have served the original ofthe foregoing letter and the original and one copy ofthe FAA's Complaint bypostage-prepaid, certified mail, return receipt requested, and facsimile, addressed as follows: Hearing Docket Federal Aviation Administration 800 Independence Avenue, SW Washington, D.C. 20591 ATTN: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Room 2Wl000

## ~~~~~~~~~~u Office ofthe Regional Counsel 222 West 7th Avenue #14 Anchorage, Alaska 99513-7587 9