U.S. Deportment of Transportation Federal Aviation Administration July 25, 2013 OVERNIGHT MAIL Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 Great Lakes Region 2300 E. Devon Avenue Des Plaines. IL 60018 847/294-7313


## 2: lb 

# RECEIVED JUL 2 6 2013 

## HEARING DOCKET

ATTN: HEARING DOCKET CLERK Re: In the Matter ofMeyer Laboratory, Inc.J

## FOrY> S

## ~C>l3**~** O<ol8 DocketNo.

### 2013~~L-70-0054 

# J>ot3 i\WA 

## -c.f¥>· ;).:JJ 

### q 

## I

'**·~** Enclosed herein please find a copy of a request for hearing and the original and one copy of the Federal Aviation Administration's Complaint in the above-entitled action for filing, together with proofofservice 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 commwlications for the Federal Aviation Administration to the attention ofKate Barber, Office ofthe Regional Counsel, 2300 East Devon Avenue, Des Plaines, illinois 60018.

· S.incerely,

# ~~ \ Kate Barber Enclosures
cc: AGL-700**~** i

,**~.** I
.

### U.S. DEPARTMENT OFTRANSPORTATION FEDERAL AVIATIONADMINISTRATION 

# RECEIVED OFFICE OF HEARINGS 

## JUL 2 6 2013

WASHINGTON, D.C.



# ______________ __::_:H=E!..JJARfNG DOCKET In the Matter ofMeyer Laboratory, Inc. 2013-GL-70-0054 Judge Not Assigned

COMPLAINT The Federal Aviation Administration (FAA or Complainant), by counsel, hereby files its Complaint, • 

### pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I

. 

## . ;\
. 

### 1. On

### oraboutDecember 5, 2012, Meye1;**Laboratory~** 

### Inc. (Meyer) knowingly offered an

. . , . . ' ' :1 .· ..



### undeclaredhazardous materials

### ~hipme~t**t~** FederalExpress Corporation (FedEx), which was assignedAirWaybill (A WB) number 800706835500. 2. The shipmentunder 800706835500, was offered fortranspmtationby air

### from Meyer Laboratory Inc., 1539 TrentonPlace, Huntersville, North Carolina28078 to consigneeMeyer Laboratory Inc., 2401 NWJefferson Street, Blue Springs, Missouri 64015. 3. The shipmentundertracking nun1ber 800706835500 was discovered by FedEx personnel, who subsequently notified the Federal Aviation Administration. Upon further investigationitwas 

### discoveredthatthe package containedhazardous materials. 4. The shipment contained the follovring hazardous materials: a) BulkTS 397, 32 fluid oun:ce,UN 1760, corrosive, Class 8, Packing Group II. :. . .**'~** ·**~** . l.' ·.T. ! 

### 5. The shipment contained items classified as hazardous materials under Section 172.101 : '• 

### ofthe Hazardous Materials Regulations.

### 6. This hazardous materials shipment

### was not declared, described, marked, labeledor

### packaged as containing hazardous materials or 

### inthe propercondition for 

### transportaccordingto the Hazardous Material Regulations.

'**.:·~:** ,·'**';~,,** I : f 

### 7. The shipment of the hazardous materials waspnj(;e,Ssed and preparedby an employee ofMeyer thatdidnotreceivethe 

### requiredhazardous materials training. 8. At all times mentioned herein, the shipment was not accompanied by a Shipper's Declaration for Dangerous Goods. 9. Meyer offered the above-described'shipment ofhazardous material for transportation by air when there were no shipping papers containing the proper shipping name of each hazardous material; the hazard class ofeach hazardous material, preceded by "UN" or ''NA," as applicable; the total quantity by weight or volume ofeach hazardous material covered by the description; and the basic description ofeach hazardous material shown in sequence. 10. Meyer offered the above-described**ha,z{ttd!)~S** 

### .material for transportation by air when

. . . .''i\'. 

### the shipment was not markect;or labeled in any manner that would indicate the hazardous nature ofthe contents contained therein. 11. Meyer offered the**above-d~scribed** 

### shipment for transportation by air when the box
was not marked with the proper shjpping name and the assigned identificationnumber ofeach hazardous material contained therein, and with the required marking in English and printed on or affixed to the surface ofthe package.

2

!··.12. Meyer offered the above-described shipment for transportation by air whenthe shipment was not properly packaged in accordance with the hazardous materials regulations. 13. Meyer did not make emergency response information, including the emergency response telephone number,· available for use at all times the hazardous material was present. 14. Meyer employees performed hazardous material shipping functions when they had not

;. t**·:~'** received the required hazardous materialsefuployee training. 

### IV By reason ofthe foregoing facts and circumstances, the Respondent violated the following Federal Aviation Regulations:
•.· a) 49 CFR 

### §171.2(e), in that Meyer offered a hazardous material for transportation in air
commerce that was not properly packed, classed, described, marked, labeled and was not in condition for shipment as required by the Hazardous Material Regulations. b) 49 CFR Pati 172.200(a), in that Meyer 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 Meyer ofTered a hazardous material for air transportation and did not certify that the mate1a1 for**tr~spo,t;tat,ion** was in accordance with prescribed regulations. d) 49 CFR Part 172.30l(a), in that Meyer offered a hazardous material for transportation in
a non-bulk package and did not properly mark that material in accordance with the regulations.

3.I'' ' ' '

' ,.. ,. e) 49 CFRPart 172.312(a)(l), 

### in that Meyer offered a hazardous material for transportation in a non-bulk package and was not packed with the closures pointed upward. f) 49 CFR Part 172.400(a), in that Meyer offered a hazardous material for transportation and did notproperly label that material in accordance withthe regulations. g) 49 CFRPart 172.600(c)(2), in that Meyer offered a hazardous material for transportation and did not provide emergency response information in accordance with the regulations. h) 49 

### CFR Part 172.702(a), in that Meyer did not ensure that employees involved in the handling ofhazardous materials were trained in accordance with subpart H ofPart 172. i) 49 CFR Part 173.l(b), in thatMeyer offered a hazardous material for transportation when it was not prepared by a hazmat employee who was trained in accordance with the

' '\ requirements prescribed in this**~ubchap~er,.** 1 : •• 

### j) 49 CFR Part 173.24a (a)(3), in that Meyer offered a hazardous material for transportation ; '. ' ' .; :! ·' by air that was not properly packed, secured and cushioned and did notuse specification packaging when shipping the

### ~a2:ardous**~aterials.** k) 49 

### CFR Part 173.24 (b)(l), in that Meyer offered a hazardous material for transportation when it was not packaged in accordance with the requirements prescribed in this subchapter. 1) 49 

### CFR Part 173.24(f), in that Meyer offered a hazardous material for transportation and failed to have closures onpackaging in accordance with the regulations. rn) 49 CFR Part 173.27(d), in that Meyer offered a hazardous material for transportation and did not properly use closures or**~{'!condary** methods ofsecuring liquids in accordance with theregulations.

### n) 49 CFR Part 173.27(e)(2), in thatMeyer offered a hazardous material for transportation and that packaging did not contain a sufficient absorbent material in accordance with the regulations. o) 49 CFR 173.27 (e)(3), in that Meyer offered**a,.haz~dous** 

### material for transportation and

. .' i 

### failed to provide a leak-prooflin,er, plastic bag or other equally efficient means of containment in accordance with the regulations: p) 49 CFR 173.202, in that Meyer offered ahazardous material for transportation and failed to conform to the general packaging requirements ofsubpart B 

### ofpart 173, to the requirements ofpart 178 ofthis subchapter at the Packing Group 

### Ior 

### II performance level, and to the particular requirements ofthe special provisions ofcolumn 7 ofthe section 172.101 table. Pursuant to 49 U.S.C. §5123, Respondent is subjectto a civil penalty ofat least $250 but not
more than $50,000 for each ofthe violations alleged. Under the facts and circumstances ofthis. case, a civil penalty of$63,000 is appropriate
.. WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative Law Judge enter an order assessing Meyer laboratory, Inc. a civil penalty in the amount of$63,000.

### ~es~~~. uully submitted,

# --~~"-- Kate Barber Attorney Federal Aviation Administration 2300 East Devon Avenue, AGL-7 

### Des Plaines, Illinois 

### 60018 847/294-7862 Fax: 847/-294-7498 ij,



### 5NOTE: 

### The Rules ofPractice for this proceeding are set forth in Part 13, Subpart G, ofthe Federal Aviation Regulations (14 C.F.R. Part 13). The Rules of Practice provide that Respondent must fde a written answer to this Complaint, or a written Motion to Dismiss if

### appropriate, not laterthan 30 days afterthe date shown on the Certificate of Service. A 

### general denial is deemed at 

### failure to fde an answer (Section 13.209(e)).

' .**~** .

6·' CERTIFICATE OF SERVICE I hereby certify that the foregoing Complaint has sent via Overnight Mail as follows: Overnight Mail

Overnight Mail (Original & One Copy)

Date: Terry Oles Vice President ofOperations Meyer Laboratory, Inc. 2401 NW Jefferson Street Blue Springs, Missouri 64015 Federal Aviation Administration 800 Independence Avenue, S.W. Wilbur WrightBuilding, Suite 2W1000 Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 

# 'tA

# '~1Jr;_**~. td~**  Yol a Quiles · / Leg echnician · Federal Aviation Administration Office ofRegional Counsel 2300 East Devon Avenue, AGL-7 Des Plaines, Illinois 600 18

' ,. t' '\'

•''



## i.U.S.DEPARTMENTOFTRANSPORTATION 

# RECEIVED FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTOlWD.C. In The Matter ofMeyer Laboratory, Inc. 2013-GL-70-0054 Judge Not Assigned
NOTICE OF APPEARANCE 

## JUL 2 6 2013 

# HEARING DOCKET

Complainant, Federal Aviation Administration, hereby notifies the United States Department of Transportation, Office of Hearings, and the Respondent, pursuant to 14 C.F.R. §13.204(b), that it shall be represented in the above-stated action by the following attorney: Kate Barber Federal Aviation Administration Office ofRegional Counsel 2300 East Devon Avenue, AGL-7 Des Plaines, Illinois 60018 · ,' ·, ..i .' , , 847/294-7862 Fax: 847/294-7498
All communications, notices, pleadings or documents are respectfully requested to be forwarded as follows: 

### " Kate Barber Federal Aviation Administration Office ofRegional Counsel 2300 East Devon Avenue, AGL-7 Des Plaines, Illinois 60018 847/294-7862 Fax: 847/294-7498 Respectfully submitted,

Kate Barber Attorney Dated: 

# 1\-d\YJ.

### ·'

CERTIFICATE OF SERVICE I hereby certify that on this day copies ofthe foregoing Notice ofAppearance were sent Overnight Mail as follows: Overnight Mail

Overnight Mail (Original and one Copy)

Date: Terry Oles Vjce President ofOperations 

### i 1

.• M,eyer Laboratory, Inc.



### 24'01 NW Jefferson Street Blue Springs, Missouri 64015
Federal Aviation Administration 800 Independence Avenue, S.W. Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2WIOOO Washington, D.C. 20591

Yol a Quiles Lega Technician Federal Aviation Administration Office ofRegional Counsel 2300 East Devon Avenue, AGL-7 Des Plaines, Illinois 60018