03/15/2015 11:44

U.S. Department of Tran.sportation Federal Aviation Adm lnlstration
Mm:ch 16, 20!5 4252271007 ANM7

Northwest Mountsin Region Office of Regional Counsel Colorado, Idaho, Montana, Oregon, Utah, Washington, Wyoming 1601 Lind Avenue S.W. Renton, Washington 98057 Tel: (425) 227"2161 Fax: ( 425) 227-1007 jeffrey.harper@faa.gov



### VIA FACST.MILE .AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED Federal Aviation Administration Attn: HearingDocket Clerk, AGC-430 Wilbur Wright Building 800 Independence Avenue, Southwest


### . . Washington, DC 20591 

### Re: In 

### the Matter ofIXLPremium Lubricants,Jn.c., FAA Case No. 2014NMn0059 Enclosedplease find 

### a copy of

### a request for hearing and the original and one copy 

### ofthe Complaint in

### this proceeding. PAGE 02/08

The FAArequests that the hearing inthis matterbe held in Salt Lake City, Utah, and expects the hearing v,·iJllast one day. For scheduling purposes, counsel for the FAAis unavailable on the following dates in 2015: Apri110-11, April23-27, May 4-8, May 15-18, June 12-15, ' ,, ' July 24--27, August 21-24, September 9-14, and September 18-21. Please address 

### all communicationsto the undersigned at: Federal Aviation Administration Northwest Mountain Region, ANM-7 !601 LindAvenue Southwest Renton, Washington 98057 (425) 227-2161, Fax: (425) 227-1007



# Sincere~--~ arper Attorney Enclosure: Request for Hearing (Appeal) Complaint03/15/2015 11:44 4252271007

Jeffrey M. Harper FAA Office of Regional Counsel 160:1 Lind Avenue Southwest Renton, Washington 98057 T (425) 227-2161 F (425) 227-1007 ANM7



### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

In the Matter of: IXL Premium Lubricants, Inc
.. FAA Case No. 2014NM720059 

### DMS No. Not assigned Judge: Not assigned


### COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to 

### Rule 208 ofthe Rules ofPractice 14 C.F.R. 

### § 13.208, and states as follows: I. PAGE 03/08

OnFebruary25, 2015, IXL l'remium Lubricants, Inc, was advised through a Final Noti.ce ofProposed CivU Penalty that the FAAproposedto assess a civilpenalty inthe amount of$20,925. On March 9, 2015, JXL Premium Lubricants, Inc. submitted a vvTitten request for a hearing. 

### IL 1. On 

### July 3, 2014, IXLPremium. Lubricants, Inc. (JXL) offered a package to United Parcel Service for transportation by air under air waybill number 1ZVV819670494003174. 2. The IXLemployee who prepared thepackage for shipmenthad not been trained as requiredbythe Hazardous Materials Regulation (BMR). 3. Thepackage contained no identification markings 

### orlabels to indicate its contents. 4. Thepackagewas not accompanied by a Shipper's Certification, Declaration of Dangerous Goods.03/15/2015 11:44 4252271007 ANM7



### 5. The package was not accompanied byany documentation providing emergency response information. 6. The package contained one (1) 

### one-quart bottle ofIXLPremium Gas Treatment. 7. Thebot1le did not have a secondary means ofclosure. 8. The bottle was not contained in a leakproofliner. PAGE 04/08



### 9. IXLPremium Gas Treatment ),s 

### classified as a hazardous material (HAZMAT) under Section 172.101 ofthe Department ofTransportation HMR Title 49, Code ofFederal Regulations (C.F.R.), Chapter I, Subchapter C). 10. Theproper shipping name for IXL Premium Gas Treatment is "Petroleumproducts, N.O.S., Class 3, UN1268, PG

### III. III. 

### 1. By reason ofthe foregoing circumstance(s),Alpine violated thefollowing sections of the FederalAviation Regulations (14 C.P.R.):
a. Sections 172.200(a) and 

### J72.202(a), inthat it offered aHAZMAT for transportation wi,thoutproperly describing the material on shipping papers. b. Sections 172.300(a) and 172.30l(a), in that

### it offered a HAZMAT for transportation when the package was not marked with the proper shipping names for its contents.
c. Section 172.400(a),inthat it offered a package containing a HAZMAT for transportation whenthepackage was not properly labeled as specified in 49 C.F.R Section 172.101. d. Section 172.600(c), in tllat 

### i.t offered a HAZMATto be shipped in air commerce withoutproviding emergency response informationrequired by49 C.P.R. Part 172, Subchapter C, Subpart G
e. Section 172.702(a), inthat it did not ensure that each ofits I-IAZMAT employees were trained in accordance with the requirements prescribed in49 C.P.R. Part 172, Subpart H. f. l73.27(d), in that it offered a liquid HAZMAT for transportationby aircraftwhen it failed to packthe HAZMAT with a secondary method ofclosure or by securely closingthe inner packaging and placing it in a leak proofliner or bag before placing the inner packaging in its outer packaging.
Complaint In the Matter of IXL F'remlum Lubricants, Inc. FAA case No. 20.14NM72D059, OMS No. NotAssigned Page 2 of5 **J~rE!Y** M. Harper, FAA Anorney T (425) 227·2l6.1 F (4251 227·100703/15/2015 11:44 4252271007 ANM7 PAGE 05/08

g. 173 .22(a)(2)(i), 

### iuthat it offered a

### HAZMAT for transportation 

### in apackaging or container which was not manufactured, assembled, and marked in accordance with Section 173.7(a) and Parts 173, 178, or 179 of49 C.P.R. Chapter I, Subchapter C. 

### h. Section 173.3(a), inthat it failed to package a 

### HAZMAT for transportation

### by air as specified in49 C.F.R. Part 173. 1. Section 171.2(e), 

### in that it offered 

### HAZMAT for transportation 

### in commerce when 

### the material 

### was notproperly classed, described, packaged, marked, labeled, and. 

### in a condition for shipment as required by the 

### RMR. 2. Under49 U.S.C. 

### § 5123(a), as tnodified at 14 C.P.R. Part 13, IXLis liable for a civil penalty notto exceed 

### $75,000 for each ofthe violations noted. 3. Underthe facts and circumstances ofthis case, a civil penalty of$29,100 is appropriate. Respectfully submitted this 16'h day ofMarch, 20) 

### 5. 

# '· H..,1n·



# ~~

MAttorney

Complaint In the Matter of 1XL Premium Lubricants, Inc. FAA Case No. 2014NM720059, DMS No. NotAssigned Page 3 of 5 Jeffrey M. Harper, FM Attorney T (425) 227-2161 F (425) 227-100703/15/2015 11:44 4252271007 ANM7



### ANSWER In accordance with Section 13.209(a) ofthe FederaJ Aviation Regulations, IXL must answer this Complaint not later than thirty (30) days after the date the Complaintis served. Failure to file an Answerwithinthirty (30) days without good cause shall be deemed an admission ofthe truth ofeach allegation contained inthe Complaint. 14 C.P.R.§ 13.209(£). PAGE 05/08

Complaint ln the Matter of !XL Premium Lubricants, Inc. FAA Case No. 2014NM720059, DMS No. Not Asslgnod Page4of5 Jeffrey M. Harper, FAA Attorney T(425) 227·2161 F (425) 227·100703/15/2015 11:44 4252271007 ANM7



### CERTIFICATE OF SERVICE I hereby certify thatthe Complainthas been served via facsimile and Certified MailReturn Receipt Requested this date, to the following: Attn: Hearing DocketClerk, AGC-430 Wilbur Wright Building- Suite 2WJ000 

### Federa[ Aviation Administration 800 Independence Avenue SW Washington, DC 20591 

### Fax: (202) 493-5142 Jordan Olsen IXL PremiumLubricants, Inc. 2719 

### North 1600 West
. Pleasant Vi.ew, UT 84404 Dated tllis 16th day ofMarch, 2015.



# ~Q~-:-1{,**.tl:r~JtJia;r-~»1..""** a Stephenson Office ofRegional Counsel 

### (ANM-7) Federal Aviation Administration 1601 Lind Aven.ue Southwest Renton, WA 98057 (425) 227-2164 PAGE 07/08

Complaint In the Maner of lXL Premium Lubricants, Inc. FAA Caso No. 2014NM720059, DMS No. Not Assigned Page 5 of 5 Jeffrey M. Harper, FAA Attorney T (425) 227-2161 F (425) 227-100703/15/2015 11:44 4252271007

Federal Aviation Administration Attention: Hearing Docket Clerk, AGC-430 WilburWright Building 800 Independence Avenue Southwest Renton, WA 98057 RE: FAA Case No. Z014NM7;100S9
To whom it may concern, ANM7 PAGE 08/08



### Regional Counsel 

## MAR 18 2015

A.N"l\1".1

My nam" is Jordan Olsen and 1 1m Head ofOperationsforlXL Premium Lubricants. Back in July 2014 we ·were contacted by FAA official Richard Odekirk who informed us ofaviolation ofshipping one ofour products. We metwith Mr. Odekirk in person at our facility where he made us aware ofthe violation. We worked directlywith him to rectify the problem. As far

### as I knew everything was complete and settled back in July of 2014 as we met all ofthe guidelines Mr. Odekiik prescribed. He never informed us thatthere would be any additional steps or contact by anyone concerning the matter. In February 2015 I was contacted by Mr. Jeffery Harper concerning this case again. Ipresumed him contacting me was a mistake oran oversight given we had already taken care ofthis matterwith FAA official Mr. Odekirk back in July 2014. I sent Mr. Harper all of my correspondence with Mr. Odekirk and informed him this had already been taken care of_ Mr. Harper has informed me that we only have two options as of now. One is to request a hearing, or the other is to pay a$29,100 penalty. I'd like to request a hearing as a $29,100 penalty would be financially unfeasible, f>lease

**re~ch** out to me and let me know what we need to do to receive a hearing for FAA Case No. 2014NM720059. Thank you, Jordan Olsen IXL Premium Lubricants 801-732-8885