2008 14:50 FAX 2024835142 

U.S. Department 

of Transportation 

Federal Aviation' 

Administration 

MAY 1 9 2008 

FAA 

Eastern Region 

Regional Counsel 

Telephone: 71 a 553·3272 

Facsimile: (118) 995·5699 

CERTIFIED MATL - RETURN RECEIPT RROUESTED 

Federal Aviation Administration 

800 Independcnce Avenue. S. W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

+ OMS 

1 Aviation Plaza 

Jamaica, NY 11434 

@ 002/020 

RECEr'liED 

MAY 22 21111 

HEARING D(:)CKET 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter of AOM, Inc. /"';LJ 

Docket No. 2008AL 700049 t2-POi AuJvoI- ~'I~D1- O{jjo 

Enclosed herein please find a copy of a reque~t for hearing and the original and one copy of 

the FAA's Complaint in the above-entitled action for tiling, together with proof of service 

upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Anchorage. Alaska ~Irea. and 

expects that the hearing will last onc day. 

Please address all communications for the Federal Aviation Administration to the llttelltion 

of Jeanine C. Gotimer, Office of the Regional Counsel, 1 Aviation Plaza, Room 561. 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, .Ir. 

Regional Counsel 

By: J4&\J==.~- Attorney 

Enclosures 

cc: AEA-700/AAL-700 

,.,,,\' "f 

h. ,-, 0 : .. ~. ' __ " t 
06/01/2009 14:50 FAX 2024935142 

Regional Coun~1 for the Eastern Region 

Federal Aviation Administration 

I Avia[ion Plaza 

Jamaica, NY 11434 

FAA 

AOM, Inc. ·2008Al..100049 

Subject: ~icc Q(Prooosed Civil Penally 

~6n~h.l)l~nt 

-t OMS 

In reply to your Final Notice of Proposed Civil Penally AOM. IIIC. eleclS to pfo~d as IndlelllCd by 1[1\ check marie bc.~ldc the 

numbered paragraph belQw; 

I. U AOM, Inc. hereby submirs the amount of the proposed I:ljv/l penally with the IIndmlandins Ihut Hn Order ASsessin.!, Civil 

Penally will be issued in that amount. 

2. W AOM, Inc. hereby reque.~~ a fonnaillcarillg in occorcbmce with Section 13.16 of the "ederal Aviation RtgulBlions. 

By aendln!: this rorm hi the Federal AviatIon Administrltioll, Entern Rellon. AOM. Inc. allo 

hereby cerlifia that a copy Qf Ihl. form hi. been nled with die Relrtng Docker Clerk 

(Hearing Docker, Federal Aviation Adminill1raliDD, 1100 IndependenC'e A"enue, 8.W., Roon. 

C)l~A, WaRhington, PC 20S!H. ArtcDtlon; Be.rlnl Docket Clerk) • 

•• PlclUc no[c [haI ADM. (nc wj!l DO[ be entitled 10 II hearing ifil tiles this ionn wlrh the Federal Avjation Admjnj$tra'imL..J,:II$~tJl 

Region, WITHOUT having tiled Ihil form or a wrineo..tUllw..for II. Wing with the HEARING OOCKET CU1RK. 

( ,... 

~!T\ ~ ... ' •.... I 

, '''1 .'. ·r\.· 

: :" 

~ 003/020 
------------------------------------------------. -- 08/01/2009 14:50 FAX 2024935142 FAA ~ OMS 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON. D.C. 

In the Matter of AOM, Inc. 

2008AL700049 

Judge Not Assigned 

COMPLAINT 

III 004/020 

The Federal Aviation Administration (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 follo't,>,s: 

I 

Respondent, AOM, Inc .• was advised through a Final Notice of Proposed Civil Penalty that 

the FAA proposed to assess a civil penalty in the amount of $20,000. On May I .,2009, 

Respondent submitted a written demand for a hearing. 

II 

I. On or about June 16, 2008, AOM, [nco knowingly otlered to Federal [~xpress 

a shipment containing hazardous matcrial for transportation by air frcm New 

York City, Ncw York to Kuala Lumpur, Malaysia. 

2. The above shipment consistcd of 12 fiberboard box.es with a total wdght of 

235 pounds, and it was otlered to Federal Express on lntematiollal Air 

Waybill No. 8645860294800402. 

3. The above shipment is described both on the above air waybill and on the 

accompanying customs declaration as consisting of c1otheg, toys, shoes. 

utensils, a nail machine, and a nail tool. Also included on the air waybill is a 

representation that the shipment does nol contain dangerous goods. 
08/01/2008 14:50 FAX 2024885142 FAA ~ OMS III 005/020 

4. The above shipment included numerous bottles of various nail ;')roducts 

containing acetone. Each of these bottles had a fiiction-type closure that was 

not secured by positive means, and while the above shipment was being 

transported, a quantity of acetone leaked from one of the bottles. 

5. Acetone is classified ao;; a hazardous material under § 172.101 ofth,;:: United 

States Department of Transportation Hazardous Materials Rer:ulations 

(HMR), 49 C.F.R. Chapter I, Subchapter C (Parts 171-80). It:; proper 

shipping name is "Acetone." It is in hazard class 3 and packing groul' II, and 

has an assigned identification number oflJNl 090. 

6. At all times mentioned herein, the shipment wac; not accompani:~d by a 

Shipper's Declaration for Dangerous Goods. 

7. AOM offered the above-described shipment of hazardous matc,:rial for 

transportation by air when the shipping papers did not contain th,;~ proper 

shipping name of each hazardous material; the hazard class of each ha7..ardous 

material~ the assigned identification numher of each hazardou.~ material 

preceded by "UN" or uNA" as applicable; the packing group in· Roman 

numerals for each hazardous material; the total quantity by weight OJ volume 

of each hazardous material covered by the description; and the basic 

description of each hazardous material shown in sequence. 

8. AOM offered the above-described hazardous material for transportation 

without including in the shipping papers an emergency response tdephone 

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

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

air when it had not certified that each hazardous material was in ac( :ordance 

with the HM:R by printing the certification set forth in § 172.204(a) or § 

1 72.204( c)( 1 ) of the HMR on the shipping papers. 

lO. AOM offered the above-described hazardous material lor transpon,ltion by 

air without providing two (2) copies ofthe required shipper's certific,ltion. 

11. AOM offered the above-described hazardous material for tranSportiltion by 

air when the boxes were not marked or labeled in any manner tbH would 

indicate the hazardous nature of their contents. 

12. AOM offered the above-described shipment for transportation by dr when 

the boxes were not marked with the proper shipping name and the assigned 

2 
08/01/2008 14:50 FAX 2024835142 FAA .. OMS III 008/020 

identification number of each hazardous material contained in it, and the 

required markings in English were not printed on or affixcd to the slirface of 

the boxes. 

13. AOM ollered the above-described shipment Lor transportation by air when no 

"Flammable liquid)' label was affixed to each box containing hn.7.ardous 

material. 

14. The offering of a shipment containing haz~dous material as describc.:d above 

is a function that directly affects hazardous materials transponation SI:I fety. At 

the time of the events described above, therefore, the employee of AOM that 

offered the shipment was a hazmat employee under the HMR.. 

15. At the time of the events described above; AOM had failed to ensure.: that the 

above employee had received the training specified in Subpart H of part 172 

of the HMR within the preceding three years. 

16. At the time of the above events, AOM did not have a record of current 

training for each of its hazmat employees that contained the int4,mnation 

specified in Section 172. 704{ d) of the Hrvm.. 

lIT 

By reason of the foregoing facts and circumstances, Respondent violated the f,)l1owing 

section(s) of the Department of Transportation Hazardous Materials Regulations: 

a. Section 171.2( e), which states that no person may ofter or accept a h, LZardous 

material for transportation in corrunerce unless the hClLardous material is 

properly classed. described. packaged, marked, labeled, and in cond ition for 

shipment as required or authorized by applicable requirements of this 

3 
----------------------

08/01/2008 14:50 FAX 2024835142 FAA - ~ OMS @ 007/020 

subchapter or an exemption or special pennit, approval. or registrati< In issued 

under this subchapter or subchapter A of this chapter. 

b. Section 172.200(a), which states that, except as otherwise provide,:l in this 

subpart, each person who offers a hazardous material for transportation shall 

describe the hazardous material on the shipping paper in the manner required 

by this sUbpart. 

c. Section 172.201 (d), which states that, except as provided in § I 72.61)4( c), a 

shipping paper must contain an -- emergency response telephone number, as 

prescribed in subpart G of this part. 

d. Section 172.202(a)(I); which states that the shipping description' of a 

hazardous material on the shipping paper must include the identification 

number prescribed for the material as shown in Column (4) of the § 172.101 

table. 

e. Section 172.202(a)(2). which states that lhe shipping descriptiCln of a 

hazardous material on the shipping paper must include thepropcr !lhipping 

name prescribed for the material in Column (2) of the § 172.101 table. 

4 
08/01/2009 14:50 FAX 2024935142 FAA + OMS ~ 008/020 

f. Section 172.202( a)(3), which states that the shipping descripti,,'m of a 

hazardous material on the shipping paper must include the hazard class or 

division number prescribed for the material. as shown in Column (:'\) of the 

§ 172.1 0 1 table. The .subsidiary hazard class or division numbel:' is not 

required to be entered when a corresponding subsidiary hazard labd is not 

required. Except tor combustible liquids, the subsidiary hazard cla~;s(es) or 

subsidiary division nurnber(s)' must be entered in parentheses immediately 

following the primary ha7.ard class or division number. In add iti on-· (i) The 

words "Class" or "Division" may be included. preceding the primary and 

subsidiary hazard class or division numbers. (ii) The hazard class need not be 

included for the entry "Combustible liquid, n.o.s." (iii) For comestic 

shipments, primary and subsidiary haz.ard class or division names may be 

~ntered following the numerical hazard class or division, or foJIovliing the 

basic description, 

g. Section 172.202(a)(4), which states that the shipping description of a 

ha7.ardous· material on the shipping paper must include the packing group in 

Roman numerals, as designated for the hazardous material in Columtl (5) of 

the § 172.101 table. Class 1 (explosives) materials; seU:'reactivc sub.~:tances; 

5 
06/01/2009 14:50 FAX 2024935142 FAA -+ OMS ~ 009/020 

batteries other than those containing lithium, lithium ions, or sodium; 

Division 5.2 materials; and entries that are not assigned a packing group (e.g., 

Class 7) are excepted from this requirement. The packing group may be 

preceded by the lctters "PG" for example "PO If'. 

h. Section 172.202(a)(5), which states that the shipping dcscripti')n of a 

hazardous material on the shipping paper must include, ex~.:ept for 

transportation by aircraft. the total quantity of hazardous materials covered by 

the description must be indicated (by mass or volume, or by activity .or Class 

7 materials) and must include an indication of the applicable unit of 

measurement. For example, 11200 kg" or "50 L." The following pl'ovisions 

also apply: (i) For Class 1 materials, the quantity must be the net e'xplosive 

mass. For an explosive that is an article, such as Cartridges, small r.rms, the 

net explosive mass may be expressed in tenns of the net mass of e'lther the 

article or the explosive matedals contained in the article. OJ) For h:,I~ardous 

materials in salvage packaging, an estimate of the total quantity is acceptable. 

(iii) The following are excepted from the requirements of paragraph La)(5) of 

this section: (A) Bulk packages, provided some indication of 1hc total 

quantity is shown., for example, "I cargo tank" or "2 IBCs." (B) C',rlinders. 

6 
08/01/2009 14:51 FAX 2024935142 FAA .. OMS ~010/020 

provided some indication of the total quantity is shown, for example, II 10 

(,,'ylinders.11 (C) Packages containing only residue. 

1. Section 172.203(£), which states that when a package containing a h~l:zardous 

material is offered for transportation by air and this subchapter prohibits its 

transportation aboard passenger-carrying aircraft, the words "Cargo aircraft 

only" must be entered after the basic description. 

J. Section 172.204(a). which states that, except as provided in paragraphs (b) 

and (c) of this section, each person who offers a hazardous matl,:~rial for 

transportation shall certifY that the material is offered for transportation in 

accordance with this subchapter by printing (manually or mechanic';;llly) on 

the shipping paper ~ontaining the required shipping des~riptlon the 

certification contained in paragraph (a)( 1) of this section or th~ cerUication 

(declaration) containing the language contained in paragraph (a)(2) of this 

section. 

k. Section 172.204(c)(2), which states that each person who offers a h~l.zardous 

material to an aircraft operator for transportation by air shall pro\l'Ide two 

7 
Vb/Ul/Z009 14:51 FAX 2024935142 FAA -+- OMS ~Oll/020 

copies of the certification required in this section. (See § 175 J(I of this 

subchapter. ) 

1. Section 172.204«(;)(3), which states that effective October 1, 2006, each 

person who offers a hazardous material for transponation by air mu ilt add to 

the certi fication required in this section the following statement:"] declare 

that all of the applicable air transport requirements have been met." (i) Fach 

person who otlers any package or overpack of hazardous materials for 

transport hy air must ensure that: (A) The articles or substances are not 

prohibited for transport by air (see the §172.l01 Table); (S) 1be aJtic1es or 

substances are properly classed, marked and labeled and otherwise in a 

condition for transport as. required by this subchapter; (C) The articles or· 

substances are packaged in accordance with all the applicable air 1 ransport 

requirements, including appropriate types of packaging that confonn to the 

packing requirements and the :' A" Special Provisions in § t 72.1 02; inner 

packaging and maximum quantity per package limits; the compatibility 

requirement, (see, for example) § 173 .24 of this subchapter); and requi rements 

for closure tor both inner and outer packagings. absorbent materials, and 

pressure differential in §173.27 of this subchapter. Other requirements may 

ai:so apply. For example, single packagings may be prohibited, imler 

8 
06/01/2009 14:51 FAX 2024935142 FAA -t OMS 1lI012/020 

packaging may need to be packed in intcnncdiate packagings~ and certain 

materials may be required to be transported in packagmgs meeting a more 

stringent perfonnance level. 

m. Section 172.300(a). which states that each person who offers a h~lzardous 

material for transportation shall mark each package. freight contaillcr, and 

transport vehicle containing the hazardous material in the manner reqlL1ired by 

this subpart. 

n. Section 172.301(a)( l)~ which states that. except as otherwise provide:! by this 

subchapter, each person who offers a hazardous material for transportation in 

a non-bulk packaging must mark the package with the proper shipping name 

mld identification number (preceded by "UN" or "NA," as appropriatl~) for the 

material as shown in the § 172.10 1 Table. Identification numbers, are not 

required on packagings that, contain only ORM-D materials 0]' limited 

quantities, as detine<l in § 171.8 of this subchapter, except fOl' limited 

quantities marked in accordance with the marking requiremenls in § I '72.3 15. 

o. Section 172.400(a), which states that except as specitied in § 172.4(IOa, each 

person who offers for transportation or transports a hazardous matcdal in any 

9 
08/01/2009 14:51 FAX 2024935142 FAA ~ OMS @013/020 

of the following packages or containment devices, shall label the pat~kage or 

containment device with labels specified for the material in the § 172.101 

Table and in this subpart. (1) A non-bulk package; (2) A bulk pal'.;kaging, 

other than a cargo tank, portable tank, or tank car, with a volumetric capacity 

of less than 18 m3 (640 cubic feet), unless placarded in accordance with 

subpart F of this part; (3) A portable tank of less than 3785 L (1000 gallons) 

capacity, unless placarded in accordance with subpart F of this par1.; (4) A 

POT Specification 106 or 110 multi-unit tank car tank, unless plnc,:..rded in 

accordance with subpart F of this part; and (5) An overpack., freight 

container or unit load device, of less than 18 m3 (640 cubic feet\ which 

contains a package for which labels are required, unless placarded 0[' marked 

in accordance with §172.512 of this part. 

p. Section 172.604(a), which states that a person who offers a h~lzardous 

material for transportation must provide a 24-hour emergency response 

telephone number (including the area code or international access Ct)de) for 

use in the event of an emergency involving the hazardous material. The 

telephone number must be (1) Monitored at all times the hazardous material 

is in transportatiool including storage incidental to transportation; (2) The 

number of a person who is either knowledgeable of the hazardous material 

]0 
06/01/2009 14:51 FAX 2024935142 FAA + DMS @014/020 

being shipped and has comprehensive emergency response and lncident 

mitigation information for that material. or has immediate access to (I person 

who possesses such knowledge and information and (3) Entered on a 

shipping paper, as follows: (i) Immediately following the description of the 

hazardous material required by subpart C of this part~ or (ii) Entered Once on 

the shipping paper in a clearly visible location. 'l his provision may be used 

only if the telephone number applies to each hazardous material en11~red on 

the shipping paper, and if it is indicated that the telephone numbt:,[ is for 

emergency response infonnation (for example: E1v1ERGENCY 

CONTACT:'" **). 

q. Section 172.702(a), which states that a hazmat employer shall enSI.lI'e that 

~ach of its hazrnat employee~ is trained in accordance with the requil-ements 

prescribed in this subpart. 

r. Section 172.704(d), which states that a r~cord ofcurr~nt training. incllJsive of 

the preceding three years, ill accordance with this section shall be created and 

retained by each hazmat employer for as long as that employee is employed 

by that employer as a hazmat employee and for 90 days thcreaftc.r. The 

record shall include: (1') the hazmat employee's name; (2) the mosl; recent 

II 
08/01/2009 14:51 FAX 2024935142 FAA -t OMS 141015/020 

training completion date of the hazmat employee's training; (3) a de',cription, 

copy. or the location of the training materials used to meet the requirements in 

paragraph (a) of this section; (4) the name and address of th~~ person 

providing the training; and (5) ccrtit'ication that the ha:zmat employee has 

been trained and tested, as required by this subpart. 

s. Section 173.24(b)(1), which states that, each package used for the ~,:hipment 

. of hazardous materials under this subchapter shall be designed, constructed, 

maintained, Hl1ed, its contents so limited. and closed, so that under c(lnditions 

nonnally incident to transportation, except as otherwise provided in this 

subchapter, there will be no identifiable (without the use of instruments) 

release of hazardous material to the environment. 

t. Section 173.27(d), which states that stoppers, corks or other such friction-type 

closures must be held securely. tightly and effectively in place by positive 

means. Each screw-type closure on any packaging must be secured to 

prevent closure from loosening due to vibration or substantial change in 

temperature. 

11 
06/01/2009 14:51 FAX 2024935142 FAA of OMS ~016/020 

u. Section 173.27(e)(2), which states that except as oth~rwise provided. in this 

subchapter, liquid hazardous materials of Class 3, 4, or 8, or Division 5.1, 5.2 

or 6.1 that are packaged and offered for transport in glass. eartl'1l1enware, 

plastic or metal inner packagings must be packaged using absorbent lnaterial 

as follows: Packing Group I liquids on cargo aircraft, and Packing Oroup 1I 

liquids including Division 5.2 liquids on pal)senger and cargo aircraft. must 

be packaged using a sufficient quantity of absorbent material to ab!;:orh the 

entire contents of anyone of thc inner packagings containing such liquids. 

Wh~n the inner packagings are of different sizes and quantities, s1.lfficient 

absorbent material must be used to absorb the entire contents of the inner 

packaging with the greatest volume of liquid. 

TV 

1. Pursuant to 49 U.S.C. §5123(a) of Chapter 51. Title 49 of the United States Code of 

Transportation, 49 U.S.C.§5123 Respondent is liable for a civil penalty of not less than 

$250 ($450 for training violations). 110r greater than $50,000 ($100,000 if death, serious 

illness, severe injury, or substantial property damage results), for each of the vi:)lations 

alleged. 

2. Under the facts and circumstances of this ease, a civil penalty of $20,000 is appropriate. 

13 
06/01/2008 14:51 FAX 2024835142 FAA + OMS ~017/020 

WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the amount of 

$20,000. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Federal Aviation Administration 

1 A vialion Plaza 

Jamaica, NY 11434 

718 553-3272 

(718) 995-5699 

NOTE: 

-

The Rules of Practice for this proceeding are set forth in Part 13, Subp~1 rt G, of 

the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that' Respondent must file a written an~~wer to 

this Complaint, or a written Motion to Dismiss if appropriate, not later than :to days 

after the date shown on the Certificate of Sen'ice. A general denial is deemed ~I. failure 

to tile an answer (SedioD 13.209(e). 

14 
----------------------------~--- -- -- -~- - -

06/01/2009 14:52 FAX 2024935142 FAA ~ OMS ~ 018/020 

CERTIFJCA TE OF SERVICB 

I hereby certiry that the foregoing Complaint has been placed this date in the Unikd States 

mail, postage prepaid, by Certified Mail - Return Receipt Requested addressed as follows: 

Raj Sachdeva, President 

AOM, Inc. 

545 8th Avenue, Suite 17 South 

New York, NY 10018 

Federal Aviation Administration (Original and one copy) 

800 independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

MJ 1;.\,' 1 9 2f\!'1{1 U\j~ 

Date: ______ ~_ 1... •• ..,:-" L 

Marianna Perero 

Paralegal Specialist 

Federal Aviation Administration 

Ollke of Regional Counsel 

1 Aviation PJa7.a 

Jamaica, NY 11434 

IS 
06/01/2009 14:52 FAX 2024935142 FAA .. OMS 

u.s. DRPI\RTIvffiNT OF TRANSPORTATION 

FEDERAL AVIATION ADMJNTSTRATION 

OFFICE OF HEARTNGS 

WASHrNGTON, D.C. 

--------··-REGE'~VED In the Matter of AOM, Inc. 

2008AL 700049 

Judge Not Assigned 

NOTICE OF APPEARANCE 

MAY 2 2 ~IB 

HEARING D'OCKET 

Complainant, Federal Aviation Administration, hereby notilies the United States 

Depanment of Transportation, Office of Hearings, and the Respondent, pursuant to 14 

C.F.R §13.204(h),that it shall be represented in the above-stated action by the following 

attorney: 

Jeanine C. Gotimer 

federal Aviation Administration 

Of1ice of Regional Counsel 

1 A viatiQtl Plaza 

Jamaica, NY 11434 

Telephone: 718553-3272 

Facsimile: (7 18) 995-5699 

All communications, notices, pleadings or documents are respectfully requested to be 

forwarded as follows: 

Jeanine C. Gotimer 

Federal Aviation Administration 

0t11ce of Regional Counsel 

I Aviation Plaza 

----------
FAA 

Jrunaica, NY 11434 

Telephone: 718553-3272 

"Facsimile: (718) 995-5699 

Respectfully Submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

Dy: .~-~~ ham; c. GOtilller - Attorney Dated:_ 5" -J j - OJ 

~ DMS 

Q,ERTIFICATE OF SERvrCB 

1 hereby COrtilY that on this day copies of the foregoing Notice of Appearn"ce We" placed 

addressed in the United as States mail, POstage prepaid, Cenilled Mail _ Return Receipt R'''!ucsted follows: 

ReV Sachdcva, PreSident 

AOM,Inc. 

545 8th A venue, Suite 17 South 

New York, NY 10018 

Federal AViation Administration (Original and one copy) 800 Independence A venue, S. W. 

Washi.ngton, D.C. 20591 

Attn: Hearing DOCket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

MAY 1 9 2000 

-L ,., 

• )"., 4 "<"'-?t *"'L &-

Marianna Perero 

Paralegal Specialist 

Federal AViation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

2 

@020/020