U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Jr^RTMENTOF 

. ;M'\NSPORTATION 

•O:;KI=TOPFRATIONS 

Ml SEP 30 P |: m 

Great Lakes Region 

Regional Counsel, AGL-7 

2300 East Devon Avenue 

Pes Plaines, Illinois 6001! 

847/294-7109 

September 15, 2011 

OVERNIGHT MAIL 

Federal Aviation Adniinistralion 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

HEAR/MG DOCKET 

ATTN: HEARFNG DOCICIET CLERK 

Re: In the Matter of Tiffin Aire, inc. ( 

FAACaseNo. 2010-GL-70-0256 ' FOmS'^t)!!'i^^ T 

Enclosed herein please find a copy of a request for Iiearing and the original and one copy of the 

Federal Aviation Administration's Complaint in the above-entitled action for filing, together with 

proof of seivice upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Chicago area, and expects that the 

hearing will last one day. 

Please address all communications for the Federal Aviation Administration to the attention of 

Kate Barber, Office of the Regional Counsel, 2300 East Devon Avenue, Des Plaines, Illinois 

60018. 

Sincerely. 

Kate Barber 

Attoniev 

Enclosures 

cc: AGL-700 
tl\ -

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TIFFIN AIRF INC. 

• -i ' ."^ " 

Sept 08, 2011 

"•'••^•' . ,*-• • ; y~^ - -A^^ T *••:-• 

Hearing Docket v ' " ; : ^i^:: ; 

Federal Aviation Administration 

800 Independence Ave, S W 

Washington DC 20591 •V,^'^'."- ••f.;.;-. 

Attn: Hearing Docket Clerk, AGC-430, Wilbur Wright BIdg Suite 2W1000 

•'' f'',.~ ^^-.r-i^y-rr Re: AGL -7B 

2010-GL-70-0256 

In reply to NOTICE OF PROPOSED CIVIL PENALT/ 

|i IA??IA/G DOCKET 

/,^»^ 

•-^^•^ , 

We had an informal telephone conference with Ms. Kate Barber on February 15, 2011. It was our 

understanding that she would get back with us on 3 separate issues (listed below). She estimated this 

would take 2-3 weeks as she was understandably busy. As to date, we have had only one of these. „. , . 

addressed. ' " 

• The penalty states that we were shipping "1 liter metal can of Methyl EythI Ketone". This is 

incorrect. The shipment was Goodrich Barrier Cement (part #74-451-99) which contains 30% 

methyl eythi ketone, as stated in the MSDS sheet from Goodrich dated 04-28-10. We believe 

this should be taken into consideration and corrected in the documentation/penalty. 

• The penalty also states that Tiffin Aire Inc. provided "incomplete haz mat training to employees, 

: in that it did not include safety or security awareness as prescribed by HMR," Our training 

7 ; , , material was the Hazardous Materials Transportation Training Module , Version 5 0, that was 

;-^ written/distributed by the U.S. Department of Transportation. I do not understand how we can 

". ; complete a course that is written and distributed by the US Federal Government, and then get 

,:'. \-; penalized because it is not correct. We completed the module in good faith, assuming it was ••••, 

written to meet your guidelines. How in the world can we be penalized for this? 

• We requested hnancial paperwork showing that this penalty would be a financial hardship to 

:;: 'iu<^"; our small business and could force us to close. This paper was forwarded to us by Ms. Barber in 

';':';,• a timely matter. •;:, :fvy .'../•c'. ; ^-v 

This letter serves as our request for a formal hearing for the proposed penalty, which we believe is 

excessive. Our financial Information as well as our financial statements are attached. We also request 

that the above mentioned issues be considered. •:^-'•'>•'••'••-:-••^^'^^y'-^y: .:• i-Z^-^^'^-'i. 

Please be aware that this penalty could force us to close the corporation as we have lost money the 

past few years due to the recession and its effects on the aviation industry. We feel this penalty is 

excessive and would be a financial burden and hardship to Tiffin Aire. r. • . ". xr.-"-'-'-

^-J^ • -- • 

'/-! --y 

lLd1\G^ 

Bradley V\l. Newman 

President 

..,•.-:•.: : v::,.!^ * Seneca Count y Airport 177 8 West State Route 22 4 

l-^,Z ^ •;i'-^:"->:^vV:V , . Tiffin, Ohi o 4488 3 

^^^.•^•• ;;v-/ • " - v^' ^ Phone (419) 447-426 3 FAX (419) 447-404 2 " A 

••,• , 1 
U.S. DEPARTMENT OF TRANSPORTA'f ION * ^ ip f^'^ C '^SX^t^ f"' 

FEDERAL AVIATION ADMINISTRATION ' "^K t *.-:..-.:•'v.,^ J'V -i^L 

OFFICE OF HEARINGS C-n | p Vii.-, 

WASHINGTON. D.C. "' ' '"' i^M^IMG DOCKE 

In the Matter of Tiffm Aire. Inc. 

2010-GL-70-0256 

.ludge Not Assigned 

COM PL AIN'T 

The Federal .Aviation Administration (FAA or Complainant), by counscL iiercby files its 

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

On December 14. 2010, Respondent was advised tlu'ough a Notice of Proposed Civil 

Penally that the FAA proposed to assess a civil penalty in the amount of $35,000. On August 30. 

201 1, a Final Notice of Proposed Civil Penally in the amount of S35,000 was issued. On 

September 8, 20! 1, Respondent submitted a written request for a hearing. 

I. On or about June 19, 2010, Tiftin Aire, Inc. (Tiffm) offered a shipment to Federal Flxpress 

Corporation (Fed Ex), luider Fed Ex tracking number 989588356686, for U-ansportation by air, 

fi-om Rayiiieon Tcchnjcal Ser^'ices, I6I0I Salicoy St., Van Nuys, California to TilTm Aii^ hic, 

Andrew Ne\\^nan, 1778 W. US 224, Tiffin, OM. 
2. Tlie shipment traveled in air commerce on a Fed Ex cargo flight. Fed Ex [personnel at tlie 

C]evclaj]d Hopkins .Airpojl sort facility discovered that tlie shipment under Fed Ex tracking 

number 989588356686, had relciised its entire contents inside of tlie package during 

transportation in air commerce. Upon fiirtlier investigation it was discovered tliat tlie shipinent 

contiiined a one (1) liter metal can of Goodiich Banier Cement which contained tlie hazardous 

material Metliyl Ethyl Ketone. 

3. Tht material within the shipment is classified as hazardous materials under Section 

172.101 of the Hazardous Materials Regulations. Tlie proper shipping name is Metliy! 

Ediyl Ketone, Class 3, UN 1193, Packing Group II. 

4. Tlie above hazardous matenals sliipment was not declared, described, packaged, mai'kcd or 

labeled as containing hazardous materials or in liie proper condition for transport according to 

the Flazaidous Material Regulations. 

5. At all times mentioned herein, the shipment was not accompanied by a Shipper's 

Declaration for Dangerous Goods. 

6. In the course of the investigation, an FAA special agent discovered thai on or about 

.lune 19, 2010, the Tiflln employee pcrfonned hazardous material shipping functions 

when he had not received the required hazardous materials employee training. 
7. Tiffm offered the above-described shipment of hazardous material for transportation 

by air when there were no shipping papers containing the proper shipping name of 

each hazardous material; the hazard class of each hazardous material, preceded by 

"UN" or "NA," as applicable; the total quantity by weight or volume of each 

hazardous material covered by the description; and the basic description of each 

hazardous material shown in sequence. 

8. Tiffm offered the above-described hazardous material for transportation by air and did 

not provide two copies of the required shipper's certification. 

9. Tifiln offered liie above-descnbcd hazardous material for transpoilation by air when 

the box was not marked or labeled in any manner that would indicate the hazardous 

nature of the contents contained therein. 

10. Tiffin offered the above-described shipment for transportation by air when the box 

was not marked with the proper shipping name and the assigned identification number 

of each hazardous material contained therein, and witii the required marking in 

English and printed on or affixed to the surface of the package. 
n . Tiffin offered the above-described shipment for transportation by air when the box 

was not marked with the proper orientation arrows on two opposite veilical sides of 

the package with the arrows pointing in the correct upright direction. 

12. Tiffm offered the above-described shipment for transportation by air when it was not 

properly packaged in accordance with the Flazardous Material Regulations. 

n.Tiifm did not make emergency response information, including the emergency 

response telephone number, available for use at all times the hazardous material was 

present. 

14. Tiffin offered the above-described shipment for transportation by air when their 

employees were not properly trained in accordance with Flazardous Material 

Regulations. 

Ill 

By reason of the foregoing facts and circumstances. Tiffin violated the following section(s) of the 

Department of Transportation Hazardous Materials Regulations: 

a) 49 CFR §171.2(e) in that Tiffin offered a hazardous material for transportation in air 

commerce that was not properly packed, classed, described, marked, labeled and was not in 

condition for sliipment as required by the Hiizardous Material Regulations. 
b) 49 CFR Part 172.200(a), in that Tiffin offered a hazardous material for transportation and 

did not properly describe that material on the shipping paper. 

c) 49 CFR Part 172.204(a). in that Tiffm offered a hazardous material for transportation and 

did not properly certify that material in accordance with the regulations. 

d) 49 CFR Part 172.301(a), in that Tiffin offered a hazardous material for transportation in a 

non-bulk package and did not properiy mark that material in accordance with the 

regulations. 

c) 49 CFR Part 172.312(a)(2), in that Tiffin ofiered a hazardous material for transportation and 

did not legibly mai'k the package with orientation markings on two opposite vertical sides 

of the package with the anows pointing in the correct upright direction. 

0 49 CFR Part 172.400(a), in that Tiffin offered a hazardous material for transportation and 

did not properly label that material in accordance with the regulations; 

g) 49 CFR Part 172.600(c)(2), in that Tiffin offered a hazardous material for transportation and 

did not provide emergency response infomiation in accordance with the regulations; 
h) 49 CFR Part 172.702(a), in that 'liffin did not ensure that employees involved in the 

handling of hazardous materials were trained in accordance with subpart Fl of part 172; and 

i) 49 CFR Part 172.704(a)(3). in that Tiffin offered a hazardous material for transportation 

when their employees were did not have the required safety training concerning—(i) 

Emergency response infomiation required by subpart G of part 172; (it) Measures to protect 

(he employee from the hazards associated with hazardous materials to which they may be 

exposed in the work place, including specific measures the hazmat employer has 

implemented to protect employees from exposure; and (iii) Methods and procedures for 

avoiding accidents, such as the proper procedures for handling packages containing 

hazardous materials. 

j) 49 CFR Part 172.704(a)(4), in that Tiffin offered a hazardous material for transportation 

when their employees did not have the required safely awareness training. 

k) 49 CFR Part 173.1(b), in that Tiffin offered a hazardous material for transportation when 

thai material was not prepared in accordance with the regulations. 

1) 49 CFR Part 173.24 (b)(1), in that Tiffin offered for shipment a package of hazardous 

material that had an identifiable release of hazardous materials to the environment. 
ni) 49 CFR Part 173.24a(a)(3), in that Tiffin ofTcred for shipment a package that was in 

packaging that did not contain inner packagings of combination packagings that were so 

packed, secured and cushioned to prevent their breakage or leakage and to control their 

shifting within the outer packaging under conditions nonnally incident to transportation. 

IV 

1. Pursuant to 49 U.S.C. §5123, Respondent is subject to a civil penalt>' of at least $250 ($450 for 

training violations), but not more than $50,000 for each of the violations alleged. 

2. Under the facts and circumstances of this Ccise, a civil penally of $35,000 is appropriate. 

WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative Law 

.ludge enter an order as.sessing Tiffin Aire, Inc. a civil penalty in the amount of $35,000. 

Respectfully submitted, 

WM 

Kate Barber 

Attorney 

Federal Aviation Administration 

2300 East Devon Avenue, ACiL-7B 

Des Plaines, Illinois 60018 

847/294-7862 

Fax: 847/294-7498 

NOTE: 

The Rules of Practice for this proceeding arc set forth In Part 13, Subpart G, of the 

Federal Aviation Regulations (14 C.F.R. Part 13). 

7 
The Rules of Practice provide that Respondent must file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the 

date shown on the Certificate of Service. A general denial is deemed a failure to file an 

answer (Section 13.209(c)), 

CER'flFlCATE OF SERVICE 

1 hereby certify that the foregoing Complaint has sent via Overnight Mail as follows: 

Overnight Mail Mr. Bradley Newman 

President 

Tiffin Aire, Inc. 

Seneca County Airport 

1778 West State Route 224 

Tiffin- OH 44883 

Overnight Mail Federal Aviation Administration 

(Original & One Copy) 800 Independence Avenue, S.W. 

Wilbur Wright Building, Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

YolandyQuiles y \ 

Legal 'Ftchnician \ j 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

Des Plaines. Illinois 60018 

Date: 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Mailer of Tiffin Aire, Inc. 

2010-GL-7O-O256 

JudiieNot Assiened 

NOTICE OF APPEARANCE 

Complainant, Federal Aviation Administration, hereby notifies the United Slates Dcpartmenl of 

Transportation, Office of Hearings, and the Respondent, pursuant lo H C.F.R. § 13.204(b), that it shall be 

represented in the above-slated action by the following attomey: 

Kate Barber 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7B 

DesPhiincs, Illinois 60018 

847/294-7109 

Fax: 847/294-7498 

All coinmunicaiions, notices, pleadings or documents arc respectfully requested lo be fonvarded as follows: 

Kale Barber 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7B 

Des Plaines, Illinois 60018 

847/294-7862 

Fax: 847/294-7498 

Respectfully submitted. 

Kit e Bi>rber Dated; 

Attorney 
CERTIFICATE OF SERVICE 

1 hereby certify that on this day copies of the foregoing Notice of Appearance were sent Oveniighl 

Mail as follows: 

Overnight Mail Mr. Bradley Newman 

President 

Tiffin Aire, Inc. 

Seneca County Air];)ort 

1778 West State Route 224 

Tiffin, OH 44883 

Overnight Mail Federal Aviation Administration 

(Original and one Copy) 800 Independence Avenue. S.W. 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Washington. D.C. 20591 

Dale: . . ^ 

Yolanc/aQuiles 

LegaiA'eelinician 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

Des PlainesJllinois 60018