01/02/2015 07:09 

U.S. Deportment 

of Transportation 

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 -RETURN RECEIPT REQUESTED 

Attn: Hearing Docket Clerk, AGC-430 

Hearing Docket 

Federal Aviation Administration 

(Wilbur Wright Bldg ·~ Room 2W1 000) 

800 Independence Avenue S.W.. 

Washington, D.C. 20591 

Re: In the Matter of Earth Science Products Corp., FAA Case No. 2014NM720027 

Enclosed is an original and one copy of a request 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 through March 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 FAA to the undersigned at: 

Sincerery · I ( ' / 

\ 

Federal Aviation Administration 

Northwest Mountain 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) 

Complaint 
01/02/2015 07:09 4252271007 

DAVID F. SHAYNE 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: (425) 227-2165 

FACSIMJLE: (425) 227-1007 

ANM7 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of: 

Earth Science Products Corp. FAA Case No. 20!4NM720027. 

Judge Not Assigned 

JUDGE NOT ASSIGNED: 

COMPLAINT 

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

PAGE 03/08 

pursuant to Rule 208 of the Rules of Practice (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 a Final 

Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the an~ount of 

$4,000, On December 22, 2014, ESPC submitted a written request for a hearing. 

II. 

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

course of business 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 

FAA v. E!lrth Science Products Corp. 

FAA Case No. 20l4NM?ZOOZ7 

Pago2 of6 

DAVID F. SHAYNE .• FMArro=v 

rEI.-: (425) 227-2165; FAX: (4:15) 227-1007 
01/02/2015 07:09 4252271007 PAGE 04/08 

3. This shipment was to be transported by use of Federal Express Airlines (FDEA) Tracking 

Number 864997034237 for ai.t: transportation. 

4. On or about December 30, 2013, during sorting operations, a FDEA employee discovered 

that the shipmen.! with Tracking Number 86499703423 7 was leaking. 

5. Upon review of the contents of the package by FDEA, it was discovered that one (1) 

package out of a 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 of Transportation 

Hazardous Materials Regulations (49 Code offederal Regulations (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 By reason of the foregoing facts and circumstances, ESPC violated the following sections 

of the Federal 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 the Hazardous 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), in that it failed to package the HAZMAT such that there 

would be no 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 effectively in place by 

positive means. 

In accordance with Section 5!23(a) of Title 49 of the United States Code (U.S. C.) 

(Transportation) [49 U.S.C. Section 5123(a)], ESPC is Hable for a civil penalty not to exceed 

$55,000 for each of the 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) 227-1007 
01/02/2015 07:09 4252271007 ANH7 PAGE 05/08 

3. Under the facts and circumstances of this case, a civil penalty of $4,000 is appropriate. 

\VHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law 

Judge enter an order that ESPC be assessed a civil penalty in the amount of$4,000. 

Respectfully submitted this 2"• day ofJanuary 2015. 

COMPLAINT 

FAA v. Earth Science Products Corp. 

FAA Case No. 20141-.'M720027 

Page 4 of6 

DAVID F. SHAYNE,FAAAnown 

TEL: (425) 227-2165; FAX: (425) 227-1007 
01/02/2015 07:09 4252271007 ANM7 PAGE 05/08 

ANSWER 

In accordance with Section 13.209 of the 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 

Answer within thirty (30) days without good cause shall be deemed an admission of the 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) 227-1007 
01/02/2015 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: Hearing Docket Clerk, AGC-430 

Wilbur Wright 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 

Dated t?.is·Zj" day of January 2015. 

~¥-2 Teiri Kirk 

Office of Regional 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) 227·1007 
01/02/2015 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 

Regional Counsel 

DEC 3 0 201~ 

AN.M·7 

We are making a request for a hearing regarding Case No. 2014NM720027. 

A copy of this letter request will also be provided to Mr. David F Shayne, FAA Attorney. 

If I can answer any question, I can be reached at 503 / 678 -1216. 

Regards, 

On behalf of 

Shane Kennedy, President+ CEO 

Earth Science Products 

PAGE 08/08 
U.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 

VIA FIRST -CLASS AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

President 

Earth Science Products Corp 

23735 NE Airport Rd 

Aurora, OR 97002 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On June 27, 2014, Earth Science Products Corp (ESPC) was advised through a Notice 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 or handles hazardous materials (HAZMAT) in 

the course of business as well as offers, accepts, or transports HAZMAT. 

2. On or about December 26, 2013, ESPC offered one (1) shipment for transport in 

a1r conunerce. 

3. This shipment was to be transpm1ed by use of Federal 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 of the contents of the package by FDEA, it was discovered that one 

( 1) package out of a 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 of Transportation 

Hazardous Materials Regulations (49 Code of Federal 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 a 2014 

HEARING DOCi\c 
Earth Science Products Corp.~ 2014NM720027 

December 17, 2014 

Page2of3 

By reason of the foregoing circumstances, it appears that ESPC violated the following 

sections of Department of Transportation Hazardous Materials Regulations (49 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, 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 

would be no identifiable 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 effectively in place by 

positive means. 

Under Section 5123(a) of Title 49 oftbe United 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 of the Department of Transportation Hazardous Materials Regulations. We propose 

to assess a civil penalty in the amount of $4,000. 

Unless ESPC mails or personally delivers, in writing, its request for a hearing in this matter, 

on or before fifteen (15) days after you receive this Final Notice of Proposed Civil Penalty 

(Final Notice), we will issue an Order Assessing Civil Penalty and ESPC will have no further 

right to a hearing. If you do not submit a written request for a hearing, 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 of Regional Counsel~ ANM-7 

Northwest Mountain Region 
Earth Science Products Corp. - 20 14NM720027 

December 17, 2014 

Page 3 of3 

1601 Lind Avenue, SW 

Renton, W A 98057 

ESPC' s request must be dated and signed, in accordance with Section 13.16 of the Federal 

Aviation Regulations, sent to you with the Notice (14 C.P.R. Section 13.16). 

ESPC may pay the proposed penalty by submitting a certified check or money order payable 

to the "Federal Aviation Administration," to the Office of Regional Counsel, Northwest 

Mountain Region, 1601 Lind Avenue SW., Renton, Washington 98057. 

In the alternative, ESPC may pay its civil penalty with a credit card, debit card, or bank account 

debit using the Internet. To pay electronically, visit the web site at http://www.pay.gov. Under the 

Search Public Forms option type in "FNM-FINEl." Click on "FAA Civil Penalty Payments," click 

on "Northwest Mountain Region," which will bring you to the "FAA Civil Penalty PaymentsNorthwest Mountain Region" page. ESPC must complete the requested information and click 

"submit" to pay by credit card or debit card. To use the bank account debit ESPC will need its 

bank routing number, account number, and check number. 

If you have any questions regarding this Final Notice, please contact FAA Attorney David Shayne 

at telephone number (425) 227-2165. 

DWIGHT S. WILLIAMS 

Regional Counsel 

!,..-..,.: 

BY: \ .• 

DavfttF=Shayne 

FAA Attorney 

DFS/tek 
01/02/2015 07:09 4252271007 ANH7 

FACSIMILE MESSAGE 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF REGIONAL COUNSEL 

ANM-7 

l60J LIND AVENUE S.W. 

RENTON, WASHJNGTON 98057 

PAGE 01/08 

The information contained in this facsimile message is legally privileged and confidential 

information and is intended only for the use of the individual named on this cover sheet 

If the reader of this message is not the intended recipient, you are hereby notified that any 

use, dissemination, distribution, or copy of this facsimile is strictly prohibited. If you 

have received this facsimile in error, please immediately notify us by telephone at 

425-227-2007. 

DATE: January 2, 2015 NO. PAGES: 8 including cover 

TO: Docket Clerk AGC-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 ~-·-··-~- ...............