o 

U. S. Department 

of Transportation 

Federal Aviation 

Administration 

SEP - 2 2010 

"^ r ^ 1.1 

Alaskan Region -- ,, jl'^UkWl ^ ^ 

Office of tiie Regional Couniset M'-ibPORTATION 

^:.:;^ETOPERATiONS 

?m^F?2 \ AiG:01 

222 W. 7th Avenue #14 

Anchorage, Alaska 99513 

Phone: (907) 271-5269 

Fax: (907) 271-2800 

CERTIFIED MAII^-RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Room 2014 

Re: In the Matter of Carlile Transportation Systems jQ^? / Op^L D0ti3 | fpf\ <^UilO ''O'TcS'? 

CaseNo.2009AL700129 

Dear Sir or Madam 

We have received notification that Carlile Transportation Systems requested a hearing in the abovereferenced 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 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, 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 

"^^P ! 0 2010 

Enclosures 

'J 

•'•"•'. T 

cc: Roy Longacre, Esq. 

(with copy of FAR 13.16 and Subpart G of Part 13) 
D 

,: ,p \ 0 2010 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION , ^ • '''-^ T^OC/S^X 

In the Matter of: 

FAA Docket No. Unassigned 

Carlile Transportation Systems 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Adn^inistration (FAA), by counsel, hereby files its Complaint, 

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

I. 

On December 22, 2009, Respondent was advised through a Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in the amount of $90,000. On August 

10, 2010, a Final Notice of Proposed Civil Penalty in the amount of $67,500 was issued. On 

August 24, 2010, Respondent submitted a written request for a hearing. 

II. 

1. On or about August 5, 2009, Respondent knowingly offered to Alaska Airlines a shipment 

containing hazardous material for transportation by air aboard a passenger aircraft from 

Anchorage, Alaska, to Prudhoe Bay, Alaska. 
2. The above shipment is described on Air Waybill 027 7958 6183 as 1 piece with a gross 

weight of 57 pounds and containing "PUMP." This waybill is marked to indicate that the 

shipment does not contain dangerous goods. 

3. The above shipment included two 32-ounce bottles of Sexauer Mule Kick drain cleaner. 

4. Sexauer Mule Kick drain cleaner 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 "Sodium 

Hydroxide Solution." It is in hazard class 8 and packing group 11, and has an assigned 

identification number of UN 1824. Colunm 9A of the § 172.101 table provides that no more 

than one liter may be offered for transportation on passenger aircraft. 

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

Declaration for Dangerous Goods. 

6. Respondent offered the above-described shipment of hazardous material for transportation 

by air when the shipping papers did not contain the proper shipping name of each hazardous 

material; the hazard class of each hazardous material; the assigned identification number of 

each hazardous material preceded by "UN" or "NA," as applicable; the packing group in 

Roman numerals for each hazardous material; 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. 
7. Respondent offered the above-described hazardous material for transportation vdthout 

including in the shipping papers an emergency response telephone number as prescribed in 

Subpart G of Part 172 of the HMR. 

8. Respondent offered the above-described hazardous material for transportation by air when 

it had not certified that each hazardous material was in accordance with the HMR by printing 

the certification set forth in § 172.204(a) or § 172.204(c)(1) of the HMR on the shipping 

papers. 

9. Respondent offered the above-described hazardous material for transportation by air 

without providing two (2) copies of the required shipper's certification. 

10. Respondent offered the above described hazardous materials for transportation by air 

when the shipment was not marked or labeled in any manner that would indicate the 

hazardous nature of its contents. 

11. Respondent offered the above-described materials for transportation by air when the 

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

number of each hazardous material contained in it, and the required markings in English were 

not printed on or affixed to the surface of the shipment. 
12. Respondent offered the above-described shipment for transportation by air when no 

"Corrosive" label was affixed to the shipment. 

13. The above bottles of Sexauer Mule Kick drain cleaner were packaged in nothing but a 

plastic bag, their closures were not upward, and the plastic bag did not have package 

orientation markings on it. 

14. The above-referenced bottles of Sexauer Mule Kick drain cleaner had friction-type 

closures that were not held securely, tightly, and effectively in place by positive means. 

III. 

1. 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 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 I of Title 49, Code of Federal Regulations. 
(b) Section 172.200(a) in that Respondent offered hazardous material for 

transportation without properly describing each material on the shipping papers. 

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

transportation without including in the shipping papers an emergency response 

telephone number as prescribed in Subpart G of Part 172 of the HMR. 

(d) Section 172.202(a)(1) in that Respondent offered hazardous material 

for transportation without including the proper shipping name in the shipping papers. 

(e) Section 172.202(a)(2) in that Respondent offered hazardous material 

for transportation without including in the shipping papers the hazard class or division 

prescribed for the material. 

(f) Section 172.202(a)(3) in that Respondent offered hazardous material 

for transportation without including in the shipping papers the identification number 

prescribed for the material. 

(g) Section 172.202(a)(4) in that Respondent offered hazardous material 

for transportation without including in the shipping papers the packing group, in Roman 

numerals, prescribed for the material in Column 5 of the § 172.101 Table. 
(h) Section 172.202(a)(5) in that Respondent offered hazardous material 

for transportation without including in the shipping papers the total quantity of the 

hazardous material covered by the description. 

(i) Section 172.203(f) in that Respondent offered hazardous material for 

transportation by Eiir without including in the shipping papers a statement indicating that 

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

or cargo aircraft only. 

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

transportation without the required shipper's certification. 

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

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

required shipper's declaration. 

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

for transportation by air without including the statement, "I declare that all of the 

applicable air transportation requirements have been met." 
(m) Section 172.300(a) in that Respondent offered hazardous material for 

transportation when the shipment was not marked with the proper shipping name and 

identification number for its contents. 

(n) Section 172.301(a) 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" or "NA," as 

appropriate) for the material as shown in the § 172.101 Table. 

(o) Section 172.312(a) in that Respondent offered a non-bulk combination 

package having irmer packagings containing liquid hazardous materials when the inner 

packagings were not packed with the closures upward and the box containing them was 

not legible marked with package orientation markings. 

(p) Section 172.400(a) in that Respondent offered a shipment containing 

hazardous material for transportation when the shipment was not properly labeled as 

specified in § 172.101 and subpart E of part 172 of the HMR. 

(q) Section 172.604(a) in that Respondent 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. 
(r) Section 173.27(b)(3) in that Respondent offered a quantity of material 

for transportation by air aboard a passenger-carrying aircraft that exceeded the limit 

specified in Column 9a of the § 172.101 table. 

(s) Section 173.27(e)(2) in that Respondent offered a liquid hazardous 

material of Class 8, packing group II, in plastic irmer packagings without using a 

sufficient quantity of absorbent material to absorb the entire contents of one of the irmer 

packagings. 

IV. 

1. Under 49 U.S.C. § 5123(a)(1) and 14 C.F.R. § 13.305(d), Respondent is liable for a civil 

penalty of at least $250 ($450 for training violations) but not more than $50,000 (or 

$100,000 for violations resulting in death, serious illness, or severe injury to any person, or 

substantial destruction of property), for each violation of the HMR. 

2. Under the facts and circumstances of this case, a civil penalty of $67,500 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 $67,500. 

8 
RESPECTFULLY SUBMITTED this 

&-i day of September 2010. 

HOWARD L. MARTIN, JR. 

Regional Counsel 

By: 

Gleim H. Brown 

Senior Attorney 

• ' i •--••: '-•jpi i 

a^i>n.:l^^ 

resi 

die$mecl']an 
CERTIFICATE OF SERVICE 

Re: Carlile Transportation Systems 

Case No. 2006EA700706 

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, retum 

receipt requested, addressed as follows: 

Carlile Transportation Systems 

Through counsel 

Roy Longacre, Esq. 

Longacre Law Offices, Ltd. 

425 G Street, Suite 910 

Anchorage, AK 99501 

I fiirther 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, retum receipt 

requested, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Office of the Regional Counsel /j /I /Date 

222 West 7th Avenue #14 ^ ^ 

Anchorage, Alaska 99513-7587 

10