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) 227-1 007 

jeffrey.harper@faa.gov 

VIA FACST.MILE .AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building 

800 Independence Avenue, Southwest . . 

Washington, DC 20591 

Re: In the Matter of IXL Premium Lubricants, Jn.c., FAA Case No. 2014NMn0059 

Enclosed please find a copy of a request for hearing and the original and one copy of the 

Complaint in this proceeding. 

PAGE 02/08 

The FAA requests that the hearing in this matter be held in Salt Lake City, Utah, and expects 

the hearing v,·iJllast one day. For scheduling purposes, counsel for the FAA is 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 communications to the undersigned at: 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

!601 Lind Avenue Southwest 

Renton, Washington 98057 

(425) 227-2161, Fax: (425) 227-1007 

Sincere~--~ 

arper 

Attorney 

Enclosure: Request for Hearing (Appeal) 

Complaint 
03/15/2015 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 of the Rules of Practice 14 C.F .R. § 13.208, and states as follows: 

I. 

PAGE 03/08 

On February 25, 2015, IXL l'remium Lubricants, Inc, was advised through a Final Noti.ce 

of Proposed CivU Penalty that the FAA proposed to assess a civil penalty in the 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, IXL Premium. Lubricants, Inc. (JXL) offered a package to United 

Parcel Service for transportation by air under air waybill number 

1ZVV819670494003174. 

2. The IXL employee who prepared the package for shipment had not been trained as 

required by the Hazardous Materials Regulation (BMR). 

3. The package contained no identification markings or labels to indicate its contents. 

4. The package was not accompanied by a Shipper's Certification, Declaration of 

Dangerous Goods. 
03/15/2015 11:44 4252271007 ANM7 

5. The package was not accompanied by any documentation providing emergency 

response information. 

6. The package contained one (1) one-quart bottle of IXL Premium Gas Treatment. 

7. The bot1le did not have a secondary means of closure. 

8. The bottle was not contained in a leak proofliner. 

PAGE 04/08 

9. IXL Premium Gas Treatment ),s classified as a hazardous material (HAZMAT) under 

Section 172.101 of the Department of Transportation HMR Title 49, Code of Federal 

Regulations (C.F.R.), Chapter I, Subchapter C). 

10. The proper shipping name for IXL Premium Gas Treatment is "Petroleum products, 

N.O.S., Class 3, UN1268, PG III. 

III. 

1. By reason of the foregoing circumstance(s), Alpine violated the following sections of 

the Federal Aviation Regulations (14 C.P.R.): 

a. Sections 172.200(a) and J 72.202(a), in that it offered a HAZMAT for 

transportation wi,thout properly 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), in that it offered a package containing a HAZMAT for 

transportation when the package 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 HAZMAT to be shipped in air commerce 

without providing emergency response information required by 49 C.P.R. 

Part 172, Subchapter C, Subpart G 

e. Section 172.702(a), in that it did not ensure that each of its I-IAZMAT employees 

were trained in accordance with the requirements prescribed in 49 C.P.R. 

Part 172, Subpart H. 

f. l73.27(d), in that it offered a liquid HAZMAT for transportation by aircraft when 

it failed to pack the HAZMAT with a secondary method of closure or by securely 

closing the 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. Not Assigned 

Page 2 of5 

J~rE!Y M. Harper, FAA Anorney 

T (425) 227·2l6.1 

F (4251 227·1007 
03/15/2015 11:44 4252271007 ANM7 PAGE 05/08 

g. 173 .22(a)(2)(i), iu that it offered a HAZMAT for transportation in a packaging or 

container which was not manufactured, assembled, and marked in accordance 

with Section 173.7(a) and Parts 173, 178, or 179 of 49 C.P.R. Chapter I, 

Subchapter C. 

h. Section 173.3(a), in that it failed to package a HAZMAT for transportation by air 

as specified in 49 C.F.R. Part 173. 

1. Section 171.2(e), in that it offered HAZMAT for transportation in commerce when 

the material was not properly classed, described, packaged, marked, labeled, and. 

in a condition for shipment as required by the RMR. 

2. Under 49 U.S.C. § 5123(a), as tnodified at 14 C.P.R. Part 13, IXL is liable for a civil 

penalty not to exceed $75,000 for each of the violations noted. 

3. Under the facts and circumstances of this case, a civil penalty of$29,100 is 

appropriate. 

Respectfully submitted this 16'h day of March, 20) 5. 

'· 

MAttorney H..,1n· ~~ 

Complaint 

In the Matter of 1XL Premium Lubricants, Inc. 

FAA Case No. 2014NM720059, DMS No. Not Assigned 

Page 3 of 5 

Jeffrey M. Harper, FM Attorney 

T (425) 227-2161 

F (425) 227-1007 
03/15/2015 11:44 4252271007 ANM7 

ANSWER 

In accordance with Section 13.209(a) of the FederaJ Aviation Regulations, IXL must 

answer this Complaint not later than thirty (30) days after the date the Complaint is 

served. Failure to file an Answer within thirty (30) days without good cause shall be 

deemed an admission of the truth of each allegation contained in the 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) 227·1007 
03/15/2015 11:44 4252271007 ANM7 

CERTIFICATE OF SERVICE 

I hereby certify that the Complaint has been served via facsimile and Certified MailReturn Receipt Requested this date, to the following: 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2WJ 000 

F edera[ Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Fax: (202) 493-5142 

Jordan Olsen 

IXL Premium Lubricants, Inc. 

2719 North 1600 West . 

Pleasant Vi.ew, UT 84404 

Dated tllis 16th day of March, 2015. 

~Q~-:-1{, a Stephenson .tl:r~JtJia;r-~»1.."" 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) 227-1007 
03/15/2015 11:44 4252271007 

Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright 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

1

m Head ofOperations for lXL Premium Lubricants. Back in July 2014 we 

·were contacted by FAA official Richard Odekirk who informed us of a violation of shipping one of our 

products. We met with Mr. Odekirk in person at our facility where he made us aware ofthe violation. 

We worked directly with him to rectify the problem. 

As far as I knew everything was complete and settled back in July of 2014 as we met all of the guidelines 

Mr. Odekiik prescribed. He never informed us that there 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. I presumed him 

contacting me was a mistake or an oversight given we had already taken care of this matter with 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