BALANCED ENVIRONMENTAL MANAGEMENT

Federal Aviation Administration 600 Independence Avenue, S.W. Wilbur Wright Building- Suite 2Wl000 Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430

Re: Request for Hearing- Case number: 2015NM730029 Hearing Docket Clerk, 100 PASSAIC AVENUE • CHATHAM. NJ 07928 P 908.598.2600 • F908.598.2622 WWW.BEMSYS.COM March 2, 2016 09-WERC04-05

! i_

Pursuant to the attached Final Notice ofProposed Civil Penalty ("Final Notice"), this letter formally requests a hearing on the above referenced Case number, as per 14 C.F.R Section 13.16 (h). We received this notice on Friday, February 26,2016, and this letter is being delivered with the fifteen (15) day window as specified in the Final Notice and the relevant sections of 14 C.F.R. As we are a small business located in New Jersey, to the extent possible we would like to request a venue for the hearing that is located as close to our location as possible. Thanks in advance for any ability to accommodate this request. A copy ofthis request is also being sentto Glenn Brown, Enforcement Division, as perthe instructions in the Final Notice. One correction to note: in the first sentence ofthe Final Notice, there is a reference to a "Notice of Proposed Civil Penalty dated July 16, 2015". I have confirmed with Mr. Glenn Brown that the date of said notice was October 21, 2015 and not July 16, 2015. Ifyou have any questions, please do not hesitate to call me at my office at (908) 598-2600 extension 124, or email me at mmurset@bemsys.com. Sincerely, BEM Systems, Inc.

Mark Murset ChiefFinancial Officer

Attachment (I)

cc Glenn Brown, Enforcement Division, Western Team (letter only) ALASKA ARIZONA FLORIDA LOUISIANA NEW JERSEY VIRGINIAU. S. Department ofTransportation Federal Aviation Administration Case No. 2015NM730029 

## rEB 

## 22l016 Office ofthe ChiefCounsel Enforcement Divisiori Western Team 222 W. 7th Avenue Box 14 Anchorage, Alaska 99513-7587

FIRST CLASS U.S. MAIL and CERTIFIED MAIL-RETURN RECEIPT REQUESTED

Mark Murset, CFO BEM Systems, Inc. 100 Passaic Avenue Chatham, NJ 07928FINAL NOTICE OF PROPOSED CIVIL PENALTY The Federal Aviation Administration (FAA) notified BEM Systems, Inc., (BEM) through a Notice ofProposed Civil Penalty dated July 16,2015, that the FAAproposed to assess a civil penalty inthe amount of$19,400.00 for its alleged violations of49 C.F.R. §§ 171.2(e), 172.200(a), 172.201(d), 172.202(a), 172.203(f), 172.204(a), 172.204(c)(2), 172.204(c)(3), 172.300(a), 172.301(a)(1), 172.400(a), 172.600(c), and 172.604(a). After considering all ofthe informationpresently part ofthis proceeding, including the information provided during the informal conference on February 10,2016, it appears that: 1. On or aboutApril21, 2015, BEMknowingly offered to Alaska Airlines a nine-piece, non-bulk shipment for transportation by 

### air from Anchorage, Alaska, to Deadhorse, Alaska. 2. The above shipmentwas assigned Air Waybill No. 027-1464 4840. 3. Atthe time BEM offered the above shipment to AlaskaAirlines, it declaredthat the shipment consisted of"SamplingEquip" and that it did not contain dangerous goods. 4. Included in the above shipment were six 15-ounce aerosol canisters ofKrylon and Aervoe marking paints and a cylinder ofcalibration gas. 5. Each ofthe above aerosol canisters ofmarking paint is classified as a hazardous material under§ 172.101 ofthe United States Department ofTransportation Hazardous Materials Regulations (HMR), 49 C.F.R. Chapter I, Subchapter C (parts 171-180). Its proper shipping name is "Aerosols, flammable." It is in hazard class 2.1 (Flammable Gas) and has an assigned identification number ofUN1950. 6. The above cylinder ofcalibration gas is classified as a hazardous material under the HMR. Its proper shipping name is "Compressed gas, n.o.s." It is inhazard class 2.2 (Non-Flammable Gas) and has an assigned identificationnumber ofUN1956. J

**~-** _, ,17. Atthe time 

### it offered the above shipment, BEM did not provide to Alaska Airlines a Shipper's Declaration for Dangerous Goods. 8. Atthe time BEM offered the above shipment, the shipmentwas not accompanied by a shipping paper that contained an emergency response telephone numberthat met the requirements of§ 172.604 ofthe HMR. 2

9. Atthe time BEM offered the above-described hazardous materials for transportation by air, there was no shipping description ofeach hazardous material onthe shipping paper that included the identificationnumber prescribed for the material as shown in Column (4) ofthe§ 172.101 table, the proper shipping name prescribed for the material in Column (2) ofthe§ 172.101 table, the hazard class or division number prescribed for the material as shown in Column (3) ofthe § 172.101 table, orthe totalnet mass perpackage. 10. Atthe time BEM offered the above-described hazardous materials for transportation by air, BEMhad not entered onthe shipping paper a statement indicatingthatthe shipment is within the limitations prescribed for eitherpassenger and cargo aircraft or cargo aircraft only. 11. At the time BEM offered the above-described hazardous materials for transportation by air, the shipping paper did not include the certification contained in§ 172.204(a)(l) ofthe HMR, the declaration contained in§ 172.204(a)(2) ofthe HMR, the certification contained in§ 172.204(c)(1) ofthe HMR, or the additional statement specified in § 172.204(c)(3) ofthe HMR. 12. Atthe time BEM offeredthe above-describedhazardous materials to Alaska Airlines for transportation by air, BEM did not provide Alaska Airlines withtwo copies ofthe certificationrequired by § 172.204 ofthe HMR. 13. At the time BEM offered the above-described hazardous materials for transportation, the shipment was not marked orlabeled in any manner that indicatedthe hazardous nature of its contents. 14. At the time BEM offered the above-describedhazardous materials for transportation, eachpackage containing hazardous material was notmarked withthe proper shipping name and the assigned identification number (preceded by "UN," "NA," or "ID," as appropriate) ofeachhazardous material contained in it. 15. Atthe time BEM offered the above-described hazardous materials for transportation, no "Flammable Gas" or "Non-Flammable Gas" label, as appropriate, was printed on or affixed to the surface ofthe package containing it. 16. At the time BEMoffered the above-described hazardous materials for transportation, no emergencyresponse information conforming to subpart G ofpart 172 ofthe HMR was immediately available at all times the hazardous material was present, and such information, including the emergency response telephone number, was not immediatelyavailable to any person who, as a representative ofa Federal, State, or local government agency, responds to an incident involving a hazardous material or is conducting an investigation that involves a hazardous material. Byreason ofthe foregoing, it appears BEM failed to comply with the following Department of Transportation Hazardous Materials Regulations: 3

(a) 49 C.F.R. 

### § 171.2(e) inthatBEM offered a hazardous material for transportation in commerce withinthe United States when eachmaterial was notproperly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements ofthe HMR or an exemption, special permit, approval, or registration issued under the HMR or SubchapterA ofChapter 1ofTitle 49, Code ofFederal Regulations. (b) 49 C.F.R. § 172.200(a) inthat BEM offered a hazardous material for transportation without describing the hazardous material onthe shipping paper inthe manner required by subpart C ofpart 172 ofthe HMR. (c) 49 C.F.R. § 172.20l(d) inthat BEM offered a hazardous material for transportation when the shipping paper didnot contain an emergency response telephone number that met the requirements of§ 172.604 ofthe HMR. (d) 49 C.F.R. § 172.202(a) inthat BEM offered a hazardous material for transportation by aircraft when the shipping description ofthe hazardous material on the shippingpaper did not include the identificationnumber prescribed for the material as shoWii. in Column (4) ofthe 

### § 172.101 table, the proper shipping name prescribed for the material in Column (2) ofthe§ 172.101 table, the hazard class or division numberprescribed for the material as shown in Column (3) ofthe§ 172.101 table, orthe total net mass per package. (e) 49 C.P.R. 

### § 172.203(f) inthat BEM offered a hazardous material for transportationby air without including inthe shipping paper a statement indicating thatthe shipment is within the limitations prescribed for either passenger and cargo aircraft or cargo aircraft only. (f) 49 C.F.R. 

### § 172.204(a) in that BEM offered a hazardous material for transportation when the shipping paper did not include the certification contained in§ 172.204(a)(1) ofthe HMR, the declaration contained in§ 172.204(a)(2) ofthe HMR, orthe certification contained in § 172.204( c)(1) ofthe HMR. (g) 49 C.F.R. 

### § 172.204(c)(2) inthat BEM offered a hazardous material to an aircraft operator for transportationby air and did not provide two copies ofthe required shipper's certification. (h) 49 C.F.R. 

### § 172.204(c)(3) in that BEM offered a hazardous material for transportation by air without including inthe certificationrequired by 

### § 172.204 ofthe HMRthe following statement: "I declare that all ofthe applicable air transportation requirements have been met."4 (i) 49 C.F.R. 

### § 172.300(a) in that BEM offered a hazardous material for transportation when the package containing it was not marked in the manner required by subpart D ofpart 172 oftheHMR. 

### G) 49 C.F.R. 

### § 172.301(a)(1) inthat BEM offered a hazardous material for transportation in a non-bulkpackage when the package was not marked withthe proper shipping name and identification number (preceded by "UN," "NA," or "ID," as appropriate) for the material as showninthe§ 172.101 table. (k) 49 C.F.R. 

### § 172.400(a) inthatBEM offered for transportation a hazardous material in a non-bulkpackage when the package was not labeled with labels specified for the material inthe 

### § 172.10I table and in subpart E ofpart 172 ofthe HMR. (I) 49 C.F.R. 

### § 172.600(c) inthat BEM offered a hazardous material 

### tor transportation when the emergency response information conforming to subpart G ofpart 172 ofthe HMR was notimmediately available at all times the hazardous material was present, and such information, including the emergency response telephone number, was not inrmediately available to any person who, as a representative ofa Federal, State, orlocal government agency, responds to an incident involving a hazardous material or is conducting an investigation that involves a hazardous material. (m) 49 C.F.R. 

### § 172.604(a) inthat the BEM offered a hazardous material for transportation and failed to provide an emergencyresponse telephone number, including the area code or international access code, for use inthe event ofan emergency involvingthe hazardous material. Pursuantto 49 U.S.C. § 5123(a), BEMis liable for a civil penalty ofupto $75,000 for each violation ofthe HMR. For violations resulting in death, serious illness, or severe injury to any person, or substantial destruction ofproperty, the maximum civilpenalty is $175,000 for each violation, and

### tor training violations, the minimum civil penalty is $450 for each violation. After reviewing all ofthe information contained in ourinvestigative file, we propose to assess a civil penalty in the amount of$19,400.00. Unless BEM submits the proposed civil penalty or an otherwise agreed-upon amount within 15 days after receipt ofthis FinalNotice; or mails or personally delivers, in writing, a request for a hearing in this matter within 15 days after receipt ofthis Final Notice, we will issue an Order Assessing Civil Penalty, and BEMwill have no further rightto a hearing. IfBEM does not submit a written request for ahearing or pay an otherwise agreed-upon amount, it must pay the proposed civil penalty. Any request by BEM for a hearing must be sent to the address ofthe Hearing Docketas follows: For delivery bv hand or expedited courier: Federal AviationAdministration 600 Independence Avenue, S.W. Wilbur WrightBuilding- Suite 2Wl000 Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 For delivery by U.S. mail: Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Bldg- Suite 2Wl000A copy ofany request for a hearing must also be served on: Glenn H. Brown Enforcement Division, Western Team 222 W 7th Avenue Box 14 Anchorage, AK 99513-7587 In accordance with 14 C.P.R. § 13.16 (enclosed), the request for hearing mustbe dated and signed. Alternatively, you may paythe proposed civil penalty by submitting a certified check ormoney orderpayable to the Federal Aviation Administration, addressed to: Attention: Peggy Coulter Mike Monroney Aeronautical Center 6500 South MacArthurBlvd. General Accounting, AMK-322 Oklahoma City, OK 73169. 5

The check should reference the case number above (Case No. 2015NM730043). To pay the civil penalty with a major credit over the internet orby electronic funds transfer, follow the Electronic Payment Instructions (enclosed). Any other communications regarding this matter should be addressed to: Glenn H. Brown Enforcement Division, Western Team 222 W 7th Avenue Box 14 Anchorage, AK 99513-7587 email: glenn.brown@faa.gov telephone: (907) 271-5271 (direct) (907) 271-2800 (fax) Peter

### J. Lynch Assistant ChiefCounsel

for Enforcement



## ~~

# ..f /-·'·i



## r··~;y\ By:



## ;J_V__o\,._~)-~­ Glenn H. Brown Enforcement Division, Western Team Enclosures; FAA Regulations 14 C.P.R.§ 13.16 and 14 C.P.R. part 13, subpart G Instructions for Electronic Payment

### INSTRUCTIONS FORELECTRONIC PAYMENT OF CIVIL PENALTIES To PayThe CivilPenalty With A Major CreditCard OverThe Internet: I. 

### Visitthe web site athttps://www.pay.gov. 2. Inthe searchboxtype; "Federal AviationAdministration Civil Penalty Payments." 3. Scroll down to and click on "FAA Civil Penalty Payments--FAA Headquarters." 4. Complete the requested information to pay by credit card. 5. Include "glenn.brown@faa.gov" in the "cc:" field.

To PavThe CivilPenalty ByElectronicFundsTransfer

### You mustinclude all ofthe following informationwith the electronic funds transfer:
Receiver Bank Name: TREASNYC ReceiverABA (U.S. bank routing number): 0210 3000 4 Receiving Institution:

AccountNumber: Beneficiary: Reference: U.S. Treasury % Federal Reserve Bank ofNew York 3 3 Liberty Street New York, New York 10045 TREAS NYC/(69001104) Federal Aviation Administration Case No. 2015NM730029 Attn: Peggy Coulter, AMK-322 

### 6