01/02/2015 07:09

U.S. Deportment ofTransportation Federal Avlotlon Administration 

### January 2, 2015 4252271007 ANM7

Northwest Mountain Region Office of Regional Counsel Colorado, Idaho, Montana, Oregon, Utah, Washington, Wyoming PAGE 02/08

1601 lind Avenue S.W. Renton, Washington 9BOS7 Tel: (425) 227-2165 Fax: (425) 227-1007 david.f.shayne@faa.gov



### VIA FACSIMILE 

### Ao.'ID CERTIFIED MAIL -RETURNRECEIPT REQUESTED Attn: Hearing Docket Clerk, AGC-430 Hearing Docket Federal Aviation Administration (Wilbur Wright Bldg**·~** 

### Room 2W1000) 800 Independence Avenue 

### S.W.. Washington, D.C. 20591 Re: In the Matter ofEarth Science 

### Products Corp., FAA Case No. 2014NM720027 

### Enclosed is an original and one copy of

### arequest 

### for hearing and Complaint for 

### the abovereferenced proceeding. The Federal Aviation Administration (FAA) requests that the hearing in this matter 

### be held in Portland, Oregon, and expects that 

### the hearing will last 

### one (1) day. For scheduling purposes, FAA Attorney, David Shayne will be unavailable the following dates in 2015: February 10 throughMarch 9, 2015; Apri110, 2015; May 25, 2015; September 

### 14, 15, 23, 28, and 29, 2015; and October 5 and 6, 2015. Please address all cornmunicati.ons for the FAAto the undersigned at:

Sincerery · I



# ( ' / \ Federal Aviation Administration NorthwestMountain Region, AN.l'vf-7 1601 Lind Avenue 

### S.W. Renton, Washington 98057 Telephone: (425) 227-1847 FAX: (425) 227-1007

## D~ . 

### Shayne FAA Attorney DFS/tek Enclosures: Request for Hearing (Appeal) Complaint01/02/2015 07:09 4252271007

DAVID F. SHAYNE FAAOFFICE OF REGIONAL COUNSEL 1601 LINDAVE., SW RENTON, WASHINGTON 98057 TELEPHONE: (425) 227-2165 FACSIMJLE: (425) 227-1007 ANM7



### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS

WASHINGTON, D.C.

IntheMatter of: 

### Earth Science Products Corp. 

### FAA Case No. 20!4NM720027. 

### Judge Not Assigned


### JUDGENOT ASSIGNED: COMPLAINT 

### The Federal Aviation Administration 

### (FAA), by counsel, 

### hereby files its Complaint, PAGE 03/08



### pursuantto Rule 208 ofthe Rules ofPractice (14 

### Code ofFederal Regulations 

### (C.F.R) Section 13.208), 

### and 

### states as follows: I. 

### On December 17, 2014, Earth Science Product Corp. (ESPC) was advised through aFinal 

### Notice ofProposed Civil Penalty that the FAA proposed to assess acivil penalty in the**an~ount** 

### of $4,000, On December 22, 2014,

### ESPC submitted awritten request for ahearing. 

### II. 1. ESPC is a business entity that uses or handles hazardous materials (HAZMAT) in the course ofbusiness 

### as well as offers, accepts, or transports 

### HAZMAT. 2. On or about December 26, 2013, 

### ESPC offered one (1) shipment for transport in air commerce. COMPLAINT FAAv. E!lrth ScienceProducts Corp. FAA Case No. 20l4NM?ZOOZ7 Pago2 of6 DAVID F. SHAYNE.• FMArro=v rEI.-: (425) 227-2165; FAX: (4:15) 227-100701/02/2015 07:09 4252271007 PAGE 04/08



### 3. This shipment was to be transported by use ofFederal Express Airlines (FDEA) Tracking Number 864997034237 for ai.t: transportation. 4. On orabout December 30, 2013, during sorting operations, a FDEA employee discovered that the shipmen.! with Tracking Number 864997034237 was leaking. 5. Upon review ofthe contents ofthe package 

### by FDEA, it was discovered that one (1) package out ofa four-package shipment contained one (1) 

### plastic contalner vvith a corrosive substance which had leaked, 6. This substance is classified as HAZMAT under the Department ofTransportation HazardousMaterials Regulations (49 Code offederalRegulations (C.F.R.), Parts 171 et.**~.).** 

### 7. The proper shipping name and description for thi.s substance is "UN1760, Corrosive Liquid n.o.s.; Class 8, Packing Group (PG) III." 

### III L Byreason oftheforegoing facts and circumstances, ESPC violated the following sections oftheFederal Aviation Regula.tions (14 C.F.R.):
a. Section 171.2(e), in that it offered HAZMAT to be shipped in air commerce which were not properly classed, described, pa.ckaged, marked, labeled, or 

### in a condition for shipment required by theHazardous Material Regulations ( 49 

### C.F.R., Part 171, 

### et. seq.); 

### b. Section 173. l(b), in that it improperly prepared the packing of, and offered, a shipment ofHAZMAT for shipment by air;
c. Section 173.24(b)(1), inthat it failed to package the HAZMAT such that there would beno identifl.able release ofHAZMAT to the environment; and d. Section 173 .27(d), in that it packaged and offered a shipment for transportation

### by aircraft where the closure was not held securely, tightly, and effectivelyin place 

### by positive means. In accordance with Section 5!23(a) ofTitle 49 ofthe United States Code (U.S.C.) (Transportation) [49 U.S.C. Section 5123(a)], ESPC is Hable for a civil penalty notto exceed $55,000 for each ofthe violations n.oted. COMPLAINT FAA v. Earth Science Products Corp. FAA Case No. 20!4NM120027 Page 3 ofo DAvroF. SHAYNE,FAAATTO&'ffiY TEL: (425) 227-2165', FAX: (425) 227-100701/02/2015 07:09 4252271007 ANH7 PAGE 05/08



### 3. Underthe facts and circumstances ofthis case, acivil penalty of$4,000 is appropriate. \VHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge enter an orderthat ESPC be assessed acivil penalty in the amount of$4,000.
Respectfully submitted this 2"• day ofJanuary 2015.

COMPLAINT FAA v. Earth Science Products Corp. FAACaseNo. 20141-.'M720027 Page 4 of6 DAVIDF. SHAYNE,FAAAnown TEL: (425) 227-2165; FAX: (425) 227-100701/02/2015 07:09 4252271007 ANM7 PAGE 05/08

ANSWER In accordance with Section 13.209 ofthe Federal Aviation Regulations, SkyWest, must answer this Complaint not later than thirty (30) days from the time it is served on it. Failure to file an Answerwithin thirty (30) days without good cause shall be deemed an admission ofthe truth of each allegation contained 

### in the Complaint 

### [14.C.F.R § 13.209(f)).

COMPLAINT FAA. v. Earth Science Products Corp. FAA Case No, Z0!4Nl0720027 Page 5 of6 DAVID F. SH.AYNE,FAAA!!ORN.EY TEL: (425) 227·2165; FAX: (425) 227-100701/02/2015 07:09 4252271007


## CERTIFICATE OF SERVICE I hereby certify that the foregoing Complaint has been senred via facsimile and certified mail

- Return Receipt 

### Requested this 

### date, to the following: Federal Aviation Administration (Original 

### and one copy) 800 Independence Avenue SW Washington, D.C. 

### 20591 Attn: HearingDocket Clerk, AGC-430 WilburWright Building

- Suite 2W!000 Fax: 

### (202) 267-1293 Shane Kennedy, President Earth Science Products Corp 23735 NE 

### Airport Rd Aurora, OR 97002 FA..'\:; (503) 

### 678-3374 Datedt?.is·Zj" day ofJanuary 2015.

# ~¥-2 Teiri 

### Kirk Office ofRegional Counsel (ANM-7) Federal**A\~ation** 

### Administration 1601 Lind Ave. SW Rento1;1, WA 98057 (425) 227-2007 PAGE 07/08

COMPLAINT FAA v. Borth Science Products Corp. FAA Case No. 2014NM720027 Pogo6of6 DAVJDF, SHATh'E,fAAATTORNEY TEL: (425) 227-2!65: FAX: (425) 227·100701/02/2015 07:09 4252271007

December 22, 2.014

Federal Aviation Administration Attention: Hearing Docket Clerk, AGC- 430 Wilbur Wright Building- Suite 2W1000 800 Independence Avenue SW Washington, DC 20591

RE: Case No.: REQUEST FORA HEARING 2014NM720027

Ladies and gentlemen: ANI·H


### RegionalCounsel 

## DEC 30**201~**



## AN.M·7

We are making a request for a hearing regarding Case No. 2014NM720027. A copy ofthis letter request will also be provided to Mr. David FShayne, FAA Attorney. If I can answerany question, I can be reached at 503 / 678 -1216.
Regards,

On behalf of Shane Kennedy, President+CEO Earth Science Products PAGE 08/08U.S. Department of Transporlotlon Federal Aviation Administration
December 17, 2014 Northwest Mountain Region Office of Regional Counsel Colorado, Idaho, Montana, Oregon, Utah, Washington, Wyoming 1601 Lind Avenue S.W. Renton, Washington 98057 Tel: (425) 227-2165 Fax: (425) 227-1007 david.f.shayne@faa.gov Case No. 2014NM720027 VIAFIRST-CLASS AND CERTIFIED MAIL- RETURNRECEIPT REQUESTED President Earth Science Products Corp 23735 NE Airport Rd Aurora, OR 97002 

### FINALNOTICE OFPROPOSED CIVIL PENALTY On June 27, 2014, Earth Science Products Corp (ESPC) was advised through aNotice of Proposed Civil Penalty (Notice) that the Federal Aviation Administration (FAA) proposed to assess a civil penalty in the amount of$4,000. 1. ESPC is a business entity that uses orhandles hazardous materials (HAZMAT) in the course ofbusiness as well as offers, accepts, ortransports HAZMAT. 2. On or aboutDecember 26, 2013, ESPC offered one (1) shipment for transport in a1r conunerce. 3. This shipment was to betranspm1ed by use ofFederal Express Airlines (FDEA) Tracking Number 864997034237 for air transportation. 4. On or about December 30, 2013, during sorting operations, a FDEA employee discovered that the shipment with Tracking Number 864997034237 was leaking. 5. Upon review ofthe contents ofthe package by FDEA, it was discovered that one (1) package out ofa four-package shipment contained one (1) plastic container with a corrosive substance which had leaked. 6. This substance is classified as HAZMAT under the Department ofTransportation HazardousMaterials Regulations (49 Code ofFederal Regulations (C.F.R), Parts 171 et.**~** ). 7. The proper shipping name and description for this substance is "UN1760, Corrosive Liquid n.o.s.; Class 8, Packing Group (PG) III." 

# RECEI\J DEC 3

# a2014 

## HEARING DOCi\cEarth Science Products**Corp.~** 2014NM720027 December 17, 2014 Page2of3 Byreason ofthe foregoing circumstances, it appears that ESPC violated the following sections ofDepartment ofTransportationHazardousMaterials Regulations (49 C.F.R):

a. Section 171.2(e), in that it offeredHAZMAT to be shipped in air commerce which were not properly classed, described, packaged, marked, labeled, or in a condition for shipment required by the Hazardous Material Regulations (49 C.F.R., Part 171, et. seq.); b. Section 173.1(b), in that it improperly prepared the packing of, and offered, a shipment ofHAZMAT for shipment by air;
c. Section 173.24(b)(1 ), in that it failed to package the HAZMAT such that there wouldbe no identifiable release ofHAZMAT to the environment; and d. Section 173 .27(d), in that it packaged and offered a shipment for transportationby aircraft where the closure was not held securely, tightly, and effectively in place by positive means. Under Section 5123(a) ofTitle 49 oftbeUnited States Code (U.S.C.) (Transportation) [49 U.S.C. Section 5123(a)], ESPC is liable for a civil penalty not to exceed $55,000 for each violation ofthe Department ofTransportationHazardous Materials Regulations. We propose to assess a civil penalty in the amount of$4,000. Unless ESPC mails orpersonally delivers, in writing, its request for a hearing in this matter, on orbefore fifteen (15) days after you receive this Final Notice ofProposed Civil Penalty (Final Notice), we will issue an Order Assessing Civil Penalty and ESPC will have no further right to a hearing. 

### Ifyou do not submit a written request for 

### ahearing, you must pay the proposed civil penalty. A request for 

### a hearing must be sent to: Federal Aviation Administration Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright**Building~** Suite 2W1000 800 Independence Avenue SW Washington, DC 20591 

### A copy must also be sent to 

### the undersigned FAA attorney at the following address: Federal Aviation Administration Office ofRegional**Counsel~** 

### ANM-7 NorthwestMountainRegionEarth Science Products Corp.

- 2014NM720027 December 17, 2014 Page 3 of3 1601 Lind Avenue, SW Renton, W A 98057 ESPC'

### srequest must be dated and signed, in accordance with Section 13.16 oftheFederal Aviation Regulations, sent to you with the Notice (14 C.P.R. Section 13.16). ESPC may paythe proposed penalty by submitting a certified check or money order payable to the "Federal Aviation Administration," to the Office ofRegional Counsel, Northwest MountainRegion, 1601 Lind Avenue SW., Renton, Washington 98057. In the alternative, ESPC may pay its civil penalty with a credit card, debit card, orbank account debit using the Internet. To pay electronically, visit the web site at http://www.pay.gov. Underthe SearchPublic Forms optiontypein "FNM-FINEl." Click on "FAA Civil Penalty Payments," click on "Northwest Mountain Region," which will bring you to the "FAACivil Penalty PaymentsNorthwest MountainRegion" page. ESPC must complete therequested information and click "submit" to payby credit card or debit card. To use the bank account debit ESPC will need its bank routing number, account number, and checknumber. Ifyou have any questions regarding this Final Notice, please contactFAAAttorney David Shayne at telephone number (425) 227-2165. DWIGHT 

### S. WILLIAMS Regional Counsel

!,..-..,.: BY: \.• DavfttF=Shayne FAAAttorney DFS/tek01/02/2015 07:09 4252271007 ANH7



### FACSIMILE MESSAGE FEDERALAVIATION ADMINISTRATION OFFICE OFREGIONAL COUNSEL ANM-7 l60J LIND AVENUE S.W. RENTON, WASHJNGTON 98057 PAGE 01/08

The information contained inthis facsimile message is legally privileged and confidential information and is intended only for the use ofthe individual named on this cover sheet Ifthe reader ofthis message is not the intended recipient, you are hereby notified that any use, dissemination, distribution, or copy ofthis facsimile is strictly prohibited. Ifyou have receivedthis facsimile in error, please immediately notify us by telephone at 

### 425-227-2007.


## DATE: January 2, 2015 NO. PAGES: 

## 8 including cover TO: Docket ClerkAGC-430 FROM: 

## David F. 

## Shayne FAX NO.: 

## 202-267-1293 FAX NO.: 

## 425-227-1007 PHONE NO.: PHONE NO.: 

## 425-227-2165 RE:**Complaint~** 

## FAA Case No. 2014NM720027**~-·-··-~-** ...............