U. S. Department 

of Transportation 

Federal Aviation 

Administration 

MAR 11 2016 

Office of the Chief 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: In the Matter ofBEM Systems, Inc. 

Case No. 2015NM730029 

Dear Sir or Madam: 

Enforcement Division 

Western Team 

222 W. 7th Avenue Box 14 

Anchorage, Alaska 99513-7587 

MAR 1 7 20!6 

ii\IG DOC 

On March 3, 2016, we were notified that on March 2, 2016, BEM Systems, Inc., 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) ofthe Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. Part 13, 

Subpart G. By copy of this 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, which is where 

the incident occurred. The FAA expects that the hearing will last one day. 

Please address all communications for the FAA to Glenn H. Brown, Enforcement Division, 

Western Team, 222 West 7th Avenue, Box 14, Anchorage, Alaska 99513-7587. 

Peter J. Lynch 

Assistant Chief Counsel 

for Enforcement 

By: 

Glenn H. Brown 

Enforcement Division, Western Team 

Enclosures 

cc: Mark Murset, CFO 
In the Matter of: 

BEM Systems, Inc. 

Judge Not Assigned 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

FAA Docket No. Unassigned 

FAA Case No. 2015NM730029 

COMPLAINT 

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

Practice in FAA Civil Penalty Actions (14 C.F.R. § 13.208), and states as follows: 

I. 

Respondent, BEM Systems, Inc., was advised through a Notice of Proposed Civil Penalty 

dated October 21, 2015, and by a Final Notice of Proposed Civil Penalty dated, February 22, 

2016, that the FAA proposed to assess a civil penalty in the amount of$19,400. By letter 

dated March 2, 2016, Respondent requested a hearing. The Enforcement Division, Western 

Team received Respondent's written request for a hem·ing on March 3, 2016. 

II. 

1. On or about April 21, 2015, Respondent knowingly offered to Alaska Airlines a ninepiece, non-bulk shipment for transportation by air from Anchorage, Alaska, to Deadhorse, 

Alaska. 

2. The above shipment was assigned Air Wr.ybill No. 027-1464 4840. 
3. At the time Respondent offered the above shipment to Alaska Airlines, it declared that the 

shipment consisted of "Sampling Equip" and that it did not contain dangerous goods. 

4. Included in the above shipment were six 15-ounce aerosol canisters of Krylon and Aervoe 

marking paints and a cylinder of calibration gas. 

5. Each of the above aerosol canisters of marking paint is classified as a hazardous material 

under§ 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." It is in hazard class 2.1 (Flammable gas) and has an 

assigned identification number ofUN1950. 

6. The above cylinder of calibration gas is classified as a hazardous material under the HMR. 

Its proper shipping name is "Compressed gas, n.o.s." It is in hazard class 2.2 (NonFlammable Gas) and has an assigned identification number ofUN1956. 

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

Shipper's Declaration for Dangerous Goods. 

8. At the time Respondent offered the above shipment, the shipment was not accompanied 

by a shipping paper that contained an emergency response telephone number that met the 

requirements of§ 172.604 of the HMR. 

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

by air, there was no shipping description of each hazardous material on the shipping paper 

that included the identification number prescribed for the material as shown in Column ( 4) of 

the § 172.102 table, the proper shipping name as prescribed for the material in Column (2) of 

the § 172.102 table, the hazard class or division number prescribed for the material as shown 

in Column (3) of the § 172.102 table, or the total net mass per package. 

10. At the time Respondent offered the above-described hazardous materials for 

transportation by air, Respondent had not entered on the shipping paper a statement 

indicating that the shipment is within the limitations prescribed for either passenger and 

cargo aircraft or cargo aircraft only. 

11. At the time Respondent offered the above-described hazardous materials for 

transportation by air, the shipping paper did not include the certification contained in 

§ l72.204(a)(l) of the HMR, the declaration contained in§ l72.204(a)(2) of the HMR, the 

certification contained in§ l72.204(c)(l) of the HMR, or the additional statement specified 

in§ l72.204(c)(3) of the HMR. 

12. At the time Respondent off<.:red the above-described hazardous materials to Alaska 

Airlines for transportation by air, Respondent did not provide Alaska Airlines With two 

copies ofthe certification required by§ 172.204 of the HMR. 

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13. At the time Respondent offered the above-described hazardous materials for 

transportation, the shipment was not marked or labeled in any manner that indicated the 

hazardous nature of its contents. 

14. At the time Respondent offered the above-described hazardous materials for 

transportation, each package containing hazardous material 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. 

15. At the time Respondent offered the above-described hazardous materials for 

transportation, no "Flammable Gas" or "Non-Flammable Gas" label, as appropriate, was 

printed on or affixed to the surface of the package containing it. 

16. At the time Respondent offered the above-described hazardous materials for 

transportation, 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 representat: ve 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. 

4 
III. 

1. By reason of the foregoing, Respondent violated: 

(a) 49 C.F.R. § 171.2(e) in that Respondent offered a 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) 49 C.F .R. § 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) 49 C.F .R. § 172.20 I (d) in that Respondent offered a hazardous material 

for transportation when the shipping p<.per did not contain any emergency response 

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

(d) 49 C.F.R. § 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) of the § 172.101 table, the hazard class or division number 

5 
prescribed for the material as shown in Column (3) of the § 172.101 table, or the total 

net mass per package. 

(e) 49 C.P.R. § 172.203(±) 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) 49 C.P.R. § 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) of the HMR. 

(g) 49 C.P.R.§ 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) 49 C.P.R. § 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 c ~clare that all of the applicable air transportation 

requirements have been met." 

6 
(i) 49 C.F.R. § 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 of the HMR. 

G) 49 C.F.R. § 172.30l(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 § 1 72.1 0 I table. 

(k) 49 C.F.R. § 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 § 172.1 01 table and in subpart E of part 172 of the 

HMR. 

(I) 49 C.F .R. § 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. 

7 
(m) 49 C.F.R. § 172.604(a) in that Respondent offered a 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. 

IV. 

I. Pursuant 49 U.S.C. § 5123 (a)(!), 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 maximum 

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

penalty is $450 for each violation. 

2. Under the facts and circumstances of this case, a civil penalty of $19,400 is appropriate 

for the violations in this case. 

8 
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$19,400. 

Date: __ 3____;_/_J o_(_/ b __ 

9 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

For Enforcement 

By: 

Glenn H. Brown 

Enforcement Division, Western Team 

222 W. 7'h Avenue #14 

Anchorage, AK 99513 

Email: Glenn.Browniaifaa.gov 

Telephone: (907) 271.5271 (direct) 

(907) 271-2800 (fax) 
CERTIFICATE OF SERVICE 

Re: BEM Systems, Inc. 

Case No. 2015NM730029 

FAA Docket No. To Be Assigned 

I hereby certify tbat on this date I served a copy of tbe FAA's Complaint and a copy of tbe 

foregoing letter by placing them in the United States Mail, postage-prepaid, certified mail, retnm 

receipt requested, addressed as follows: 

BEM Systems, Inc. 

ATTN: Mark Murset, CFO 

1 00 Passaic A venue 

Chatham, NJ 07928 

I further certify tbat 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, retnm 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 

Office of the Regional Counsel 

222 West 7th Avenue #14 

Anchorage, Alaska 99513-7587 

10 

.qr~ /~£!{)16 Date