BALANCED ENVIRONMENTAL MANAGEMENT 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2Wl 000 

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 • F 908.598.2622 

WWW.BEMSYS.COM 

March 2, 2016 

09-WERC04-05 

! i_ 

Pursuant to the attached Final Notice of Proposed 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 of this request is also being sent to Glenn Brown, Enforcement Division, as per the instructions in 

the Final Notice. 

One correction to note: in the first sentence of the 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. 

If you 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 

Chief Financial Officer 

Attachment (I) 

cc Glenn Brown, Enforcement Division, Western Team (letter only) 

ALASKA 

ARIZONA 

FLORIDA 

LOUISIANA 

NEW JERSEY 

VIRGINIA 
U. S. Department 

of Transportation 

Federal Aviation 

Administration 

Case No. 2015NM730029 

rEB 2 2l016 

Office of the Chief Counsel Enforcement Divisiori 

Western Team 

222 W. 7th A venue 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 07928 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

The Federal Aviation Administration (FAA) notified BEM Systems, Inc., (BEM) through a 

Notice of Proposed Civil Penalty dated July 16,2015, that the FAA proposed to assess a civil 

penalty in the amount of$19,400.00 for its alleged violations of 49 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 of the 

information presently part of this proceeding, including the information provided during the 

informal conference on February 10,2016, it appears that: 

1. On or about April21, 2015, BEM knowingly offered to Alaska Airlines a nine-piece, 

non-bulk shipment for transportation by air from Anchorage, Alaska, to Deadhorse, 

Alaska. 

2. The above shipment was assigned Air Waybill No. 027-1464 4840. 

3. At the time BEM offered the above shipment to Alaska Airlines, it declared that the 

shipment consisted of"Sampling Equip" 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 of calibration gas. 

5. Each ofthe above aerosol canisters of marking paint is classified as a hazardous material 

under§ 172.101 of the United States Department of Transportation 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 of calibration gas is classified as a hazardous material under the 

HMR. Its proper shipping name is "Compressed gas, n.o.s." It is in hazard class 2.2 

(Non-Flammable Gas) and has an assigned identification number ofUN1956. 

J ~- _, ,1 
7. At the time it offered the above shipment, BEM did not provide to Alaska Airlines a 

Shipper's Declaration for Dangerous Goods. 

8. At the time BEM offered the above shipment, the shipment was not accompanied by a 

shipping paper that contained an emergency response telephone number that met the 

requirements of§ 172.604 of the HMR. 

2 

9. At the time BEM offered the above-described hazardous materials for transportation by 

air, there was no shipping description of each hazardous material on the shipping paper 

that included the identification number prescribed for the material as shown in Column 

(4) of the§ 172.101 table, the proper shipping name prescribed for the material in 

Column (2) of the§ 172.101 table, the hazard class or division number prescribed for the 

material as shown in Column (3) of the § 172.101 table, or the total net mass per package. 

10. At the time BEM offered the above-described hazardous materials for transportation by 

air, BEM had not entered on the shipping paper a statement indicating that the shipment 

is within the limitations prescribed for either passenger 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) of the 

HMR, the declaration contained in§ 172.204(a)(2) of the HMR, the certification 

contained in§ 172.204(c)(1) of the HMR, or the additional statement specified in 

§ 172.204(c)(3) of the HMR. 

12. At the time BEM offered the above-described hazardous materials to Alaska Airlines for 

transportation by air, BEM did not provide Alaska Airlines with two copies of the 

certification required by § 172.204 of the HMR. 

13. At the time BEM offered the above-described hazardous materials for transportation, the 

shipment was not marked or labeled in any manner that indicated the hazardous nature of 

its contents. 

14. At the time BEM offered the above-described hazardous materials for transportation, 

each package containing hazardous material was not marked with the proper shipping 

name and the assigned identification number (preceded by "UN," "NA," or "ID," as 

appropriate) of each hazardous material contained in it. 

15. At the 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 of the package containing it. 

16. At the time BEM offered the above-described hazardous materials for transportation, no 

emergency response information conforming to subpart G of part 172 of the HMR was 

immediately available at all times the hazardous material was present, and such 

information, including the emergency response telephone number, was not immediately 
available to any person who, as a representative of a Federal, State, or local government 

agency, responds to an incident involving a hazardous material or is conducting an 

investigation that involves a hazardous material. 

By reason of the 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) in that BEM offered a hazardous material for transportation in 

commerce within the United States when each material was not properly classed, 

described, packaged, marked, labeled, and in condition for shipment as required or 

authorized by applicable requirements of the HMR or an exemption, special permit, 

approval, or registration issued under the HMR or Subchapter A of Chapter 1 of Title 49, 

Code of Federal Regulations. 

(b) 49 C.F.R. § 172.200(a) in that BEM offered a hazardous material for transportation 

without describing the hazardous material on the shipping paper in the manner required 

by subpart C of part 172 of the HMR. 

(c) 49 C.F.R. § 172.20l(d) in that BEM offered a hazardous material for transportation when 

the shipping paper did not contain an emergency response telephone number that met the 

requirements of§ 172.604 of the HMR. 

(d) 49 C.F.R. § 172.202(a) in that BEM offered a hazardous material for transportation by 

aircraft when the shipping description of the hazardous material on the shipping paper did 

not include the identification number prescribed for the material as shoWii. in Column (4) 

of the § 172.101 table, the proper shipping name prescribed for the material in Column 

(2) of the§ 172.101 table, the hazard class or division number prescribed for the material 

as shown in Column (3) of the§ 172.101 table, or the total net mass per package. 

(e) 49 C.P.R. § 172.203(f) in that BEM offered a hazardous material for transportation by air 

without including in the shipping paper a statement indicating that the 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) of the 

HMR, the declaration contained in§ 172.204(a)(2) of the HMR, or the certification 

contained in § 172.204( c )(1) of the HMR. 

(g) 49 C.F.R. § 172.204(c)(2) in that BEM offered a hazardous material to an aircraft 

operator for transportation by air and did not provide two copies of the 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 in the certification required by § 172.204 of the HMR the following 

statement: "I declare that all of the 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 of part 172 

oftheHMR. 

G) 49 C.F.R. § 172.301(a)(1) in that BEM offered a hazardous material for transportation in 

a non-bulk package when the package was not marked with the proper shipping name and 

identification number (preceded by "UN," "NA," or "ID," as appropriate) for the material 

as shown in the§ 172.101 table. 

(k) 49 C.F.R. § 172.400(a) in that BEM offered for transportation a hazardous material in a 

non-bulk package when the package was not labeled with labels specified for the material 

in the § 172.10 I table and in subpart E of part 172 of the HMR. 

(I) 49 C.F.R. § 172.600(c) in that BEM offered a hazardous material tor transportation when 

the emergency response information conforming to subpart G of part 172 of the HMR 

was not immediately 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 of a Federal, State, or local 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) in that the BEM offered a hazardous material for transportation 

and failed to provide an emergency response telephone number, including the area code 

or international access code, for use in the event of an emergency involving the 

hazardous material. 

Pursuant to 49 U.S.C. § 5123(a), BEMis liable for a civil penalty of up to $75,000 for each 

violation ofthe HMR. For violations resulting in death, serious illness, or severe injury to any 

person, or substantial destruction of property, the maximum civil penalty is $175,000 for each 

violation, and tor training violations, the minimum civil penalty is $450 for each violation. After 

reviewing all of the information contained in our investigative 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 of this Final Notice; or mails or personally delivers, in writing, a request for a 

hearing in this matter within 15 days after receipt of this Final Notice, we will issue an Order 

Assessing Civil Penalty, and BEM will have no further right to a hearing. If BEM does not 

submit a written request for a hearing 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 of the 

Hearing Docket as follows: 

For delivery bv hand or expedited courier: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2Wl 000 

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 2Wl 000 
A copy of any 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 must be dated and 

signed. 

Alternatively, you may pay the proposed civil penalty by submitting a certified check or money 

order payable to the Federal Aviation Administration, addressed to: 

Attention: Peggy Coulter 

Mike Monroney Aeronautical Center 

6500 South MacArthur Blvd. 

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 or by 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 Chief Counsel 

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 FOR ELECTRONIC PAYMENT OF CIVIL PENALTIES 

To Pay The Civil Penalty With A Major Credit Card Over The Internet: 

I. Visit the web site athttps://www.pay.gov. 

2. In the search box type; "Federal Aviation Administration 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 Pav The Civil Penalty By Electronic Funds TransferYou must include all of the following information with the electronic funds transfer: 

Receiver Bank Name: TREASNYC 

Receiver ABA 

(U.S. bank routing number): 0210 3000 4 

Receiving Institution: 

Account Number: 

Beneficiary: 

Reference: 

U.S. Treasury 

% Federal Reserve Bank of New 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