04/26/2011 12:27 FAI 3107256816 AWP-7 11003 

<d ••'mo ^ 

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U,S. Department 

of Transportation 

Federal Aviation 

Administration 

Western-Padfio Regi6n ' --

Office of Regional Counsel 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

(310)725-7112 

(310) 725-6816 facsimile 

April 26, 2011 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

l-ederal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building -- Suite 2W1001) 

Xe: In the Matter of Frostad Atelier; Case No. 2010SO700308 M" ^ ' ^ 

1 inclosed is a copy of a request for hearing dated April 15,2011, and the original and one copy 

of the Complaint in the above-referenced proceeding. 

] request that the hearing in this matter be held in the Louisville, Kentucky area, and expect that 

ihe hearing will last one (1) day. Louisville, Kentucky is centrally located for FAA Special 

/\gent Beverly A. Farris, the agent who investigated the subject hazardous material offer for 

shipment at the Louisville, Kentucky airport. S]>ecial Agent Farris' place of business is at the 

}^AA Louisville, Kenmcky office. 

Please address all communications for the Regional Counsel of the Western-Pacific Region, to 

\hc undersigned, at: Office of the Regional Counsel, AWP-7, Federal Aviation Administration, 

Westem-Pacific Region, P. O. Box 92007, Los .Angeles, CA 90009-2007, Telephone: (310) 

725^7110, FAX: (310)725-6816. 

Sincerely, 

Naomi Tsuda 

Regional Counsel 

Lisa J. Toscano 

Attorney 

Enclosures: Request for Hearing; Complaint; Clertificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT LATER 

FHAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN ALTERNA'i^IVE TO 

FILING AN ANSWER, A MOTION MAY BE FILED PURSUA^^T TO SECTIOh 13.208(D) 

OR SECTION 13.218(F)(l-4) OF THE RULES OF PRACTICE. 
' 04/26/2011 12:27 FAX 3107256816 AWP-7 

DAVID W. WILLIAMS 

Attottiey At Law 

16372 Undethin Lane 

Huntington Be«ch, California 92647 

Telephone 714-745-5610 

121002 

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: • 1 - 1 

M;; r • 

i: 1 

1. 

April 15, 2011 

FEDERAL AVIATION ADMINISTRATION 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: HEARING DOCKET CLERK 

AGC-430 

Wilbur Wright Building 

Room 2W1000 

RE: FROSTAD ATILIER 

CASE NUMBER 2010SO700308 

REQUEST FOR HEARING 

Dear Sir or Madam: 

Frostad Atilier Inc. hereby requests a hearing on the Proposed Civil Penalty, case number 

referenced above. Please direct all correspondence to the undersigned 

Thank you for your attention to this matter. 

cc 

Naomi Tsuda 

Regional Counsel 

For the Westem-Pacific Region 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

ATTN: LISA TOSCANO 

nrostad Atilier 
04/26/2011 12:27 FAX 3107256818 AWP-7 il004 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

)n the Matter of: 

FAA DOCKET 

Frostad Atelier, Inc. 

FAA CASE NO. 2010SO7003fl8 

Respondent 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 

C.F.R. 13.208), and states as follows: 

I. 

Respondent, Frostad Atelier, Inc., was advised tlirough a Notice of Proposed Civil 

Penalty and a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil 

jienalty in the amount of $37,500.00. On April 15, 2011, Respondent submitted a written request 

for a hearing. 

IL 

1. On or about May 7,2010, Ronda Frostad, an employee of Frostad Ateliei', Inc. (F Al), 

knowingly offered in her checked baggage ("shipment"), hazardous materials to 

Southwest Airlines for transportation by air. 

2. At all times mentioned herein, Frost^id was a ticketed passenger on Southwest 

Airlines Flight No. 2409 departing fiom Louisville, Kentucky. 
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3. At all times mentioned herein, Frosteid was traveling on official FAI business. 

4. During an inspection of Frostad's checked baggage, Transportation Secuiity 

Administration personnel in Louisville, Kentucky discovered a 16.4-02. can of 

Propane and an 8-oz. container of WD-40. 

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

Certification or Declaration of Dangerous Goods. 

6. Propane is classified as a hazardous material under the Department of Transportation 

Hazardous Materials Regulations (HMR)(49 C.F.R. § 172.101). 

7. The proper shipping name of Propane is Liqaefied petroleum gases. It is in Hazard 

Class 2.1 and has an assigned identification number of UN1075. The proper label is 

FLAMMABLE GAS. 

8. Liquefied petroleum gases, 2.1, UN1075 is forbidden for transportation aboard 

passenger-carrying aircraft. 

9. WD-40 is classified as a hazardous material under the Department of Transportation 

Hazardous Materials Regulations (HMR) (49 C F.R. § 172.101). 

10. The proper shipping name of WD-40 is Aerosols, flammable. It is in Hazard Class 

2.1 and has an assigned identification nimiber of UN 1950. The proper h'^bel is 

FLAMMABLE GAS 

11. FAI offered the shipment of hazardous material for transportation by air without 

shipping papers that included: 

(a) the assigned identification number prescribed for each material; 

(b) the proper shipping name prescribed for eacJi material; 
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(c) the hazard class prescribed for each material; 

(d) the total net mass per package; and 

(e) the number and type of packages, 

12. FAI offered the shipment of hazardous material for transportation by air trnd failed to: 

(a) certify that the materials were in accordance with the HMR (49 C.F.FL. §§ 171, et 

seg.) by printing the certification set forth m § 172.204(a) or § 172.2(i4(c)(l) of 

the HMR; 

(b) prepare the required certifications in duplicate; and 

(c) add the following statement to the certification: 

"I declare that all of the applicable air transport requirements have been met," 

13. FAI offered the shipment of hazardous materials for transportation by air and failed 

to: 

(a) mark the outer container with the proper shipping name of each hazardous 

material contained therein; and 

(b) mark the outer container with the assigned identification mtmber of each 

hazardous material contained therein; 

(c) label the outer container FLAMMABLE GAS. 

14. FAI offered the shipment of hazardous materials for transportation by aii and failed to 

provide emergency response information. 

15. FAI offered the shipment of hazardous materials for transportation by air and failed to 

provide an emergency response telephone number. 
04/26/201 1 12:2 8 FAX 3107256816 AWP-7 121007 

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16. FAI offered tlie shipment of hazardous materials for transportation by air and failed to 

instruct each of its officers, agents, and employees having responsibility for preparing 

the shipment as to the applicable regulations. 

III. 

By reason of the foregoing facts and circumstances, Respondent violated the following 

Department of Transportation Hazardous Material Regulations (Title 49, Code of Federal 

i^egulations): 

a. Section 171.2(e) in that FAI offered a hazardous material for transportation in 

commerce when the hazardous material was not properly classed, descri>>ed, 

packaged, marked, labeled, and in condition for shipment. 

b. Sections 172.200(a) and 172.202(a)( 1) in that FAI offered a hazardous ffiaterial for 

transportation and failed to describe the hazardous material on the shipping papers, 

including the identification number prescribed for the material as shown in Column 4 

of the § 172.101 Table, in the manner required by this subpart. 

c. Sections 172.200(a) and 172.202(a)(;2) in that FAI offered a hazardous material for 

transportation and failed to describe the hazardous material on the shipping papers, 

including the proper shipping name prescribed Jibr the material in Column 2 of the 

§ 172.101 Table, in the manner required by this subpart. 
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d. Sections 172.200(a) and 172.202(a)(3) in that FAI offered a hazardous material for 

transportation and failed to describe the hazardous material on the shipping papers, 

including the hazard class or division prescribed for the material as show a in Column 

3 of the § 172.101 Table, in the manner required by this subpart. 

e. Sections 172.200(a) and 172.202(a)(6) in that FAI offered a hazardous material for 

transportation and failed to describe the hazardous material on the shipping papers, 

including the total net mass, per package, in the manner required by this .jubpart. 

f Sections 172.200(a) and 172.202(a)(7) in that FAI offered a hazardous material for 

transportation and failed to describe the hazardous material on the shipping papers, 

including the number and type of packages (indicated by description of the package). 

g. Section 172,204(a) or (c)(1) in that I'Al offered a hazardous material for 

transportation and failed to certify that the material was offered for transportation in 

accordance with this subchapter by printing on the shipping paper containing the 

required shipping description one of the certifications set forth in this pait. 

h. Section 172.204(c)(2) in that FAI offered a hazardous material to an aircraft operator 

for transportation by air and failed to provide two copies of the certificatt.on required 

in this section. 
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i. Section 172.204(c)(3) in that FAI oflfered for transportation by air a hazai'dous 

material authorized for air transportation and failed to add to the certification requued 

in this section the following statement: 

"I declare that all of the applicable air transport requirements have been met." 

j . Section 172.301 (a) in that FAI offered for transportation a hazardous marerial in a 

non-bulk packaging and failed to mark the package 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. 

k. Sections 172.600 and 172.602(b)(3) in that FAI offered for transportation a hazardous 

material and failed to present the emergency response information- (i) or. a shipping 

paper; (ii) hi a document, other than a shipping paper, that includes both the basic 

description and technical name of the hazardous material as requued by §§ 172.202 

and 172.203(k), the ICAO Technical Instructions, the IMDG Code, or the TDG 

Regulations, as appropriate, and the emergency response information required by this 

subpart (e.g., a material safety data sheet); or (iii) related to the information on a 

shipping paper, a written notificatioii to pilot-in-command, or a dangerous cargo 

manifest, in a separate document (e.g., an emergency response guidance document), 

in a manner that cross-references the description of the hazardous material on the 

shipping paper with the emergency response information contained in the document. 
04/26/2011 12:28 FAX 3107256816 AWP-7 ilOlO 

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l. Section 172.604(a)(3) in that FAI offered a hazardous material for transportation and 

failed to provide a 24-hour emergency response telephone number which, was entered 

on a shipping paper (i) immediately following tire description of the hazardous 

material; or (ii) in a clearly visible location. 

m. Section 173.1 (b) in that FAI offered a hazardous material for transportati on and failed 

to follow its duty to instruct each of its officers, agents, and employees having 

responsibility for preparing hazardous materials for shipment as to applicable 

regulations of this subchapter. 

IV. 

1. In accordance with Section 5123 (a) of Title 49 of the United States Cod 3 

(Transportation) [(49 U.S.C. Section 5123 (a)]^ Respondent is liable for a civil pennJty 

of not less than $250.00 ($450 for training violations), nor greater than $50,000 (or 

SI00,000 for violations resulting in death, serious illness, or severe injury to any pei'son, 

or substantial destruction of property) for each violation of the Department of 

Transportation Hazardous Materials Regulations. 

2. Under the facts and circumstances of this case, a civil penalty $37,500.00 is 

appropriate. 
04/26/2011 12:28 FAX 3107256816 AWP-7 ElOll 

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WHEREFORE, the Complamant, respectfully requests that the Adminisu^tive Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of S>37,500.00. 

Respectfully submitted. 

Lisa J. "Boscano 

.\.ttomey 

Office of the Regional Counsel 

.Federal Aviation Administration 

Westem-Pacific Region 

DATED: April 26, 2011 
04/26/2011 12:28 FAX 3107256816 AWP-7 121012 

CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by facsimile and placed in the United States 

mail, postage prepaid, certified mail, the executed original and one copy of the Complaint, 

addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Facsimile: (202) 493-5142 

1 fiirther certify that on this date I have placed m the United States mail, postage prepaid, 

certified mail-return receipt requested, a true copy of the Complaint, addressed as follows: 

David W. Williams, Esq. 

16372 Underbill Lane 

Huntington Beach, CA 92647 

President 

Frostad Atelier, Inc. 

5225 Luce Avenue, Bldg #243 

Bay "C" 

McClellan, CA 95652 

Dated: April 26, 2011 

Agnes Ebilane 

J^egal Technician 

Office of the Regional Counsel 

I'ederal Aviation Administration 

Westem-Pacific Region 

1 .awndale, California 
04/26/2011 12:27 FAX 3107256816 AWP-7 iiOOl 

Federal Aviation 

Administration 

To: 

Company: 

Phone; 

Fax: 

From: 

Title: 

Date 

Hearing Docket Clerk, AGC-430 

202-493-5142 

Lisa J. Toscano 

Attorney 

4/26/2011 

Pages w/cover ^ 2 

Office of the Regional Counsel, AWP-7 

PO Box 92007 

Los Angeles, CA 90009-2007 

Telephone: (310) 725-7100 

Facsimile: (310) 725-6816 

Email; 

Facsimile 

Description of item being transmitted: 

Frostad Atelier Complaint 

Case No. 2010SO700308 

n Per your Request D For Review D Please Comment D For Coordination n Hard Copy to Foltow via US Mail 

NOTES/COMMENTS: 

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o U.S. D'lpartment el Transportation