U. S. Department 

of Transportation 

Federal Aviation 

Administration 

JUN 3 0 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 2Wl 000 

Re: In the Matter of Arctic Slope Native Association, Ltd. 

Case No. 2015NM730027 

Dear Sir or Madam: 

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 

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On June 29,2015, we were notified that on June 26,2016, Arctic Slope Native Association, Ltd., 

requested a hearing in the above-referenced case. 

Enclosed are the original and one copy of the Complaint in the above-referenced proceeding as 

required by§ 13.208(a) of the Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. Part 13, 

Subpart G. By copy ofthis letter, the Complaint is being served on Respondent as required by 

§ 13 .208(b ). 

The FAA requests that the hearing in this matter be held in Anchorage, 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 of the 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 of FAR 13.16 and Subpart G of Part 13) 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: I 

I 

I 

I 

Arctic Slope Native Association, Ltd. I 

Judge Not Assigned 

FAA Docket No. Unassigned 

COMPLAINT 

RECEIVED 

JUL - 7 2015 

HEARING DOCKET 

a.o \~ -J-.43\ 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. § 13.208), and states as follows: 

I. 

On May 4, 2015, Respondent was advised through a Notice of Proposed Civil Penalty 

that the FAA proposed to 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 FAA would assess a civil penalty in the 

amount of $20,000 if Respondent 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. At the time Respondent offered the above shipment to Alaska Airlines, it declared that the 

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 of Sprayway Stainless 

Steel Cleaner and Polisher. 

5. An aerosol canister of Sprayway Stainless Steel Cleaner and Polisher is classified as a 

hazardous material under§ 172.101 ofthe United States Department of Transportation 

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. At the time it offered the above shipment, Respondent did not provide to Alaska Airlines a 

Shipper's Declaration for Dangerous Goods. 

7. At the time Respondent offered the above-described shipment, the shipping paper did not 

include an emergency response telephone number that met the requirements of§ 172.604 of 

theHMR. 

8. At the time Respondent offered the above-described hazardous material for transportation 

by air, 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 Column ( 4) of the 

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§ 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 net mass per package. 

9. At the time Respondent offered the above-described hazardous material for transportation 

by air, the description in the 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. At the 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) of the HMR, the declaration contained in§ 172.204(a)(2) of the HMR, the 

certification contained in § 172.204( c )(1) of the HMR, or the additional statement specified 

in § 172.204( c )(3) of the 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 of the 

certification required by § 172.204 ofthe HMR. 

12. At the 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 of its contents. 

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13. At the 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 in it. 

14. At the 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. At the time Respondent offered the above shipment, no emergency response information 

conforming to subpart G of part 172 of the HMR was immediately available at all times the 

hazardous material was present, and such information, including the emergency response 

telephone number, was not immediately available to any person who, as a representative of a 

Federal, State, or local govermnent agency, responds to an incident involving a hazardous 

material or is conducting an investigation that involves a hazardous material. 

III. 

I. By reason of the foregoing facts and circumstances, Respondent violated the following 

Department of Transportation Hazardous Materials Regulations: 

(a) Section 171.2(e) in that Respondent offered a hazardous material for 

transportation in commerce within the United States when each material was not 

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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 Respondent offered a hazardous material 

for transportation without describing the hazardous material on the shipping paper in 

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

(c) Section 172.201(d) in that Respondent offered a hazardous material 

for transportation when the shipping paper did not contain any emergency response 

telephone number that met the requirements of§ 172.604 of the HMR. 

(d) Section 172.202(a) in that Respondent offered a hazardous material 

for transportation by air when the shipping description of the hazardous material on the 

shipping paper did not include 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) ofthe § 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 

net mass per package. 

5 
(e) Section 172.203(f) in that Respondent offered a hazardous material for 

transportation by air without including in the shipping paper a statement indicating that 

the shipment is within the limitations prescribed for either passenger and cargo aircraft 

or cargo aircraft only. 

(f) Section 172.204(a) in that Respondent offered a hazardous material for 

transportation when the shipping paper did not include the certification contained in 

§ 172.204(a)(l) of the HMR, the declaration contained in§ 172.204(a)(2) of the HMR, 

or the certification contained in § 172.204( c )(1) ofthe HMR. 

(g) Section 172.204( c )(2) in that Respondent offered a hazardous material 

to an aircraft operator for transportation by air and did not provide two copies of the 

required shipper's certification. 

(h) Section 172.204(c)(3) in that Respondent offered a hazardous material 

for transportation by air without including in the certification required by § 172.204 of 

the HMR the following statement: "I declare that all of the applicable air transportation 

requirements have been met." 

(i) Section 172.300(a) in that Respondent offered a hazardous material for 

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

by subpart D of part 172 ofthe HMR. 

6 
G) Section 172.301(a)(l) in that Respondent offered for transportation a 

hazardous material 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. 

(k) Section 172.400(a) in that Respondent offered for transportation a 

hazardous material in a non-bulk package when the package was not labeled with labels 

specified for the material in the § 172.101 table and in subpart E of part 172 of the 

HMR. 

(I) Section 172.600(c) in that Respondent offered a hazardous material for 

transportation when the emergency response information conforming to subpart G of 

part 172 of the 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 any person who, as a representative of a 

Federal, State, or local government agency, responds to an incident involving a 

hazardous material or is conducting an investigation that 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 

7 
telephone nwnber, including the area code or international access code, for use in the 

event of an emergency involving the hazardous material. 

IV. 

1. Under 49 U.S.C. § 5123 (a)(1), Respondent is liable for a civil penalty of up to $75,000 

for each violation of the regulations. For violations resulting in death, serious illness, or 

severe injury to any person, or substantial destruction of property, the maximwn civil 

penalty is $175,000 for each violation, and for training violations, the minimwn civil penalty 

is $450 for each violation. 

2. Under the facts and circwnstances of this case, a civil penalty of $20,000 is appropriate. 

WHEREFORE, the Federal Aviation Administration, by counsel, respectfully requests 

that the administrative law judge enter an order that Respondent be assessed a civil penalty in the 

amount of $20,000. 

RESPECTFULLY SUBMITTED this 30th day of June 2015. 

8 

HOWARD L. MARTIN, JR. 

Regional Counsel 

O!n~ R By:~ LA_= 

Glenn H. Brown 

Senior Attorney 
CERTIFICATE OF SERVICE 

Re: Arctic Slope Native Association, Ltd. 

Case No. 2015NM730027 

FAA Docket No. To Be Assigned 

I hereby certify that on this date I served a copy of the FAA's Complaint and a copy of the 

foregoing letter by placing them in the 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 of the foregoing letter and the original 

and one copy of the FAA's Complaint by postage-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 of the Regional Counsel 

222 West 7th Avenue #14 

Anchorage, Alaska 99513-7587 

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