**o~/30/2012** 08:59 FAX 2024935142 FAA + DMS



### UNITED STATES DEPARTMENT OF TRANSPORTATION · FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC In the Matter of: TEXAS ARMY NATIONAL GUARD FAA OnlerNo. 2012·3 DocketNo. CP09S00014 

### FDMS**No.l AA~2009-1045** **1** 

### Served: May 22, 2012 

### DECISION 

### AND ORDER2 

### J. Introduction RespondentTexas Army NationalGuard 

### (Respondentl has 

### appealed the written 

### initial decision 

### ofAdministrative 

### Law Judge (ALJ)

### Richard 

### C. Goodwin.4 

### Th<:J ALJ a3sessed a 

### $30,000 civil penalty for 

### violations**~fthe** 

### Department ofTransportation (DOT) Hazardous Materials 

### Regulations (HMR) (49 

### C.P.R. Parts 171-178V

1Materials !iled in the FAA Hearing Dock('t (except for materialstiled in security**case~)** are also available for viewing at thefollowing lntcrnct address:**)4iww.regu/ati<~!J-'~:g:.ov.** 2 The Administrator's civil penalty decisions, along with i11dexes ofthedecisions, the rules ofpractice, and other infonnation, are available on the internet atthe following address: 

### www.jaa.gov/aboutloffice**-.orglheadquarrer.~**

### _Q{fices/agclpol_ adjudication! AGC400/ Civil_Penalty. Tn 

### addition, Thomson Reuters/West 

### Publishing publishes**f.~dcral** 

### Aviati..Qn Decisions. Finally,the dccit'ions are available through 

### LRXfS (TRANS library) and WcstLaw (.FTRAN·FAA database). For additional 

### infonnation, see the Web site. 3 In the original complaint, Complainant captioned this case, 

### FederalAviation Admt11iMration v. Executive Office of the State ofTexas. In its answer, Respondent stated that its name is "TexasArmy National Guard." Complainantamended its complaint accordingly. The r\LJ then changed the caption to 

### In rhe 

### Mat(er of TexasArmyNational Guard Order Granting in Part andDenying in Part Motionfor Df;cision at 1

### ,n.t (July g, 2010).**~A** copy ofthe ALl's written initial decision is att.ached.
5 The Appendix contains the specific regulations at issue.**~001/014**05/30/2012 08:59 FAX 2024935142 FAA + 

### OMS



### This decision af1irms the Af

### J's decision. Itholds that Respondent is not a federal agency that would be exempt from the FAA'sjurisdiction under the federal hazardous materials transportation law, 49 U.S.C. Chapter 51. Regarding the $30,000 sanction asses:;ed 

### by the 

### ALJ, this**dccisi~m** 1inds 

### lhat it is 

### within the parameters set by the agency's sanction guidance (which 

### factors in all the statutorily required considerations), "• 

### andthat there is no reason to disturb it. II. Background 

### On or about July 2, 2008,**on~** 

### ()!'Respondent's employees in Austin, 

### Texas- Staff Sergeant Anthony Jackson, 1836111 

### Transportation Company, Fort Bliss,Texas- offered a fiberboard box containing four 1-gallon cans ofa hazardous material (Durant Duraplex &00 Exterior Alkyd flat paint) for shipment to United Parcel Service (UPS). Jack:son addressed the shipment to StaffSergeant Lynette 

### Patterson, i\.m1ory, Killeen, Texas. The proper shipping nan1e ofthe material was Paint. It 

### was in Hazard Class 3 (Flammable

### Liquid), Packing Group III, with an assigned identification number of UN1263. The proper label was "FLAMMABLE LIQUID." On or about July 3,**2008~** 

### UPS flew the shipment to its sort facility in Louisville, Kentucky. UPS ground personnel discovered that about I gallon ofthe paint had leaked into and through the fiberboard container. Respondent admitted in its Answerthat 

### it violated the HMR because the shipment 

### lacked hazardous materials shipping papers, labels, markings, packaging, and emergency response infonnation. Further, Respondent admitted that it failed to train its employees
as required by the HMR.

2 

# .. @002/01405/30/2012 08:59 FAX 2024935142 FAA -> OMS



### Because Respondent acknowledged 

### liability, the 1\.LJ found 

### that Respondent committed the alleged violations and limited the hearing to the issue ofsanction. The AL.T found that the $30,000 civil penalty sought 

### by Complainant was appropriate. He wrote that undeclared shipments of**hazardou~** 

### materials pose a special risk and that leakage is an aggravating factor. (Initial Decision at 4-5.) He rejected the ideathat Respondent's first-time violator status should be mitigating, citing precedent to the effect that a violation-free history should be**tl~e** 

### norm. (!d. 

### at 5.) The ALJ statedthat ; 

### Respondent's actions following the incident were commendable, but were not "systemic
or far-reaching,"**~hich**

### he said would be necessary to !ower an otherwise reasonable 

### assessment. (!d.) 

### The 

### paint's failure to ignite, he said, was fortuitous, not mitigating; ignition would 

### have been an 

### aggravating factor. 

### (/d.)**finally~** 

### he 

### found that

### Midtown Neon 

### Sign Corp., FAA OrderNo. 1996-26 (August 13, 1996) suggested that Complainant's 

### proposed sanction 

### of$30,QOO was reasonable. (ld.) Midtown 

### involved an undeclared, leaking shipment oftwo 1-gallon cans ofpaint for which Midtown was fined $25,000. The ALJ pointed out that the maximmn penalty has gone up from a base of $25,000 in Midtown 

### to $50,000. The ALJ concluded 

### by assessing a $30,000 civil penalty, which 1Je said reflected all the facts and circumstances ofthe case, including the riskto air transportation. the need for deterrence, the statutory factors, and agency policy. (ld. 

### at 5-6.) 

### III. Jurisdiction 

### Complainantbrought this 

### case under the federal hazardous materials transportation law, which provides that: "aperson that knowingly violates this chapter or



### 3**~003/014**05/30/2012 08:59 FAX 2024935142 FAA + 

### OMS

a regulation
... issued underthis chapter is**li~ble** to the United States Govemment for a civil penalty
...." 49 U.S.C. 

### § 5123(a)(l). Forpurposes ofthis law, the term person: includes a government ... 

### or authority ofa government ... offering hazardous material for 

### transportatioJi in commerce ,.. but docs not include

... a depattmcnt, agency, orinstrumentality ofthe 

### LFcdcral] Government. 49l.J.S.C. 

### § 5102(9). Respondent claims to.be a federal agency and argues that Complainant therefore does not havejurisdiction over it. (Appeal Briefat 5-6.) 

### It states thatthis 

### is so, quoting the U.S. Court ofAppeals for the Fifth Circuit, "because ofthe federal nature ofthe employees fthat 

### it) supervises andthe subshmtive tederallawthat govcms [its) duties." Lipscomb v. 

### FLRA, 333 F.3d 611 (5th Cir. 2003), reh 'gandreh 'g en 

### bane denied(5111 Cir. 2003), cert. denied, Cross v. FLRA, 541 

### U.S. 935 (2004). It contendsthat its civilian technician named Cathleen Gruetzncr, who is in charge ofRespondenL's mailing 

### procedures, is a 

### federal employee 

### tmder 32 U.S.C. 

### § 709, which 

### gc>Verns National Guard technicians ("Technicians: employment, use, status"). Respondent's argument that 

### it is a federal agency is not compelling for the following reasons. 

### Gruetzncr didnotbecomeinvolved until after

### the incident, 

### when .she attempted to take corrective action on Respondent's behalf. (Exhibits R-1 and R·2.) ' Respondent relies on the 

### l-ipscomb case quoted ab'ove for the proposition that state national guards 

### are federal agencies, but the Lipscomb court expressly limited its holding to cases involving the .Federal Service Labor·Managemcnt Relations Act Lipscomb, 333



## . ' F.3d at 613. 'The instant case, however, involves thefederal hazardous materials transportation law. According to prct:edent, a state national guard is not a federal agency for purpo$eS ofthe 

### federal hazardous materials transportation where the guard bas not

4 ij]004/01405/30/2012 08:59 FAX 2024935142 FAA 

### -. OMS**b~en** ordered 

### inlo federal service. LouisianaAirNational Guard, I59th Fighter Wing, FAA OrderNo. 2002-23 at 7 (November 

### 22, 2002). Respondent does 

### not claimthat it
was ordered into federal service. In conclusion, Respondent is not a federal agency for**purpose~** ofthe 1(:,deral hazardous materials transportation law. As a result, the FAAhas subject-matter jurisdiction over Respondent in this matterunder 49 U.S.C. 

### § 5123. 6 

### IV. Sanction

.Th(.) ALJ assessed a $30,000 civiJ penalty. Respondent challenges the sanction amount on appeal. Atthe tirne ofthe violations in this case, the maximum civil penalty that Complainant could assess under the federal hazardous materials transportation 

### lawwas $50,000 per violation, unless the violation caused death, serious illness, severe 

### injury, or substantial destruction ofproperty (notthe case here), in which case the maximum was $100,000 perviolation. 49 U.S.C
.. 

### § 5123(a)(1 ), (2). The minimum civil penaltywas $250 except in the case ofa training violation, in which casethe minimum was $45007 

### 49lJ.S.C. 

### §5123(a)(l), (3). The civil penalty guidelinesthat apply to this case are found inFAA Order No. 2150.3B, entitled "FAA Compliance and**Fnforc~::ment** Program," Appendix C,

6 Complainant arg,ucs that Respondent waived personaljurisdiction by not raising it until the l:lppeal. This case involves**subject~matter**jurisdiction, however, not personaljurisdiction. Subject-mauerjurisdiction is governed by legislative authorization (in this case, 49 U;S.C. § 5123). l Moore's Federal Practice§ 3.02[a]. ·n1e Supreme Court has stated that, "A litigant generally may raise
... subject-matterjurisdiction at ariy time in the same civil action, even initially atthe highest appellat.e instance." Kontrick v. Ryan, 540U.S. -143, 455 (2004), 7 Congress has also pnwided for periodic adjustments 

### tor inflation.**2~** U.S.C. §2461 (note), as amended by PublicLaw I04-134 (April26, 1996). Any applicable adjustments arc found in 14 C.F.R. SubpartH.


### 5 141005/01405/30/2012 09:00 FAX 2024935142 FAA + OMS

entitled "Sanction GuidanctJ, Hazardous Materials Enforcement" (October 1, 2007) (Exhibit C·l; Tr.

## 12~14) .8 The FAApreviottslypublished the guidelines inthe Federal Register 

### as "[FAAJ Policy

### on Enforcement 

### ofthe 

### [HMRJ: Penalty 

### Guidelines," 64

### ·Fed. Reg. 19443 (Apri121, 1999). On appeal, Respondent argues that the ALJ improperly relied on a

## I5~year old


### case to 

### support the sanction 

### amount, Midtown Neon Sign, 

### FAA OrderNo. I996-26, 

### when he should have relied on a 

### more recent case,Atlas Frontiers, LlC, FAA 

### Order No. 20

### J0- 10 (June 

### 16, 2010). Respondent also argues that its "prompt 

### and extensive'' corrective actions (Appeal 

### Briefat 8), includingproviding

### hazardous materials 

### training to 

### its employees,justi:fy a reduction in the $30,000 civil penalty assessed by the ALJ. 

### Tt states again, 

### as it did before the ALJ, that 

### it has no prior violations. As previouslyheld, "[a]bsent 

### extraordinary cin.;Ltmstances, reliance on past sanctions will notbe grounds for reducing 

### sanctions that 

### fall within the parameters setby 

### the sanction guidance." Tate andPartners, F.Ai\. OrderNo. 2010-7 at 15 (June 15, 2010). 

### Thus, in this case in 

### which extraordinary circumstances do not exist, 

### the question is whether the $30,000 sanction fallswithin the parameters set by the sanction guidance.

KRespondent incorrectly slates thatthe applicable civil penalty guidelines are found at 49 C.F.R. Part 107, lSubpart D), AppendixA. (Appeal Briefat. 7.) ActuaHy, Appendix A contains the penalty guidelines published by the Pipdine and Hazardous Materials Safety Administration (PHMSA) for the transpo11ation ofha7,ardous materials byground. Allers Frontiers. FAA OrderNo. 2010-10 atJO (June 16, 2010). The PHMSA is the administration within the DepartmentofTransportation (DOT) that. promulgates the .HMR. The FAA has the delegated authority to enforce the federal hazardous llll!terials transportation law and HMR regarding airshipment ofhazardous materials. f'AA Order No. 2150.3A, Appendix C, 

# ,f I.e, citing 49 

### C.P.R. § 1.47(j).

6 @006/01405/30/2012 09:00 FAX 2024935142 

### FAA -+ OMS

As noted in the sanction.guidance in FAA OrderNo. 2150.3.8, Appendix C, ,12 (Exhibit**C~**1 ), the federal hazardous materials transportation lawrequires the consideration ofthe following factors 

### in setting the civil penalty: (1) the nature, circumstances, extent, and gravity ofthe violation; 

### (2) with respect to the violator, 

### the degree ofculpabilitY., 

### any history 

### of prior violations, the ability to pay, and any effect on the ability to continue to do business; and 

### (3) 

### other matters thatjustice requires. 49U.S.C. §5123(c); 14 

### C.P.R.§ 13.16(c). The agency factored these considerations into the sanction guidance. FAA OrderNo. 2l50.3B, Appendix C,**~,12,** 8. 

### The sanction guidance requires: (1) 

### weighing the case by answering a list of questions to arrive at a weight ofMinimum, Moderate, or Maximum; (2) using the Matrix to find the appropriate sanction amount range; and (3) considering any other statutory factors, such as (in this case) possible corrective action. 

### !d. at, 8. Weighing

### this case 

### leads to a final aggregate weight ofModeratt:. The guidelines state in Figure C-2 that a flammable liquid in packing group III, like the paint in the instant case, is a "Category B'' material, which carries a Moderate weightunder the guidelines. (Exhibit C·l.) The shipmentleaked, whichalso points to at least a Moderate weight As the ALJ wrote, while Respondent did nothave previous violations, a violation·free history is expected to be the norm. 

### Atlas Frontiers, FAA OrderNo. 201**0~** 10 at 14 

### n.I6 (June 16, 2010). Turningto the Matrix (Exhibit C-1, Figure C-1 ), Respondent was not an "Individual" as defined by the Sanction Guidance. Respondent should be regarded as at least a "Business Entity," which is the category Complainant selected, because it is an



### 7 141007/01405/30/2012 09:00 FAX 2024935142 FAA -+ OMS

organization. (Reply Briefat 11.) Complainant also selected "Undeclared Shipment Within 1-lamat Quantity Limitations." The following seven 'violation types are relevant- (I) shippingpapers; (2) labels; (3) markings; (4) packaging; (5) training; (6) emergency response information; and (7) release into the environment. 

### Based on 

### the selections of"Business Entity" 

### and "Undeclared Shipment within Hazmat Quantity Limitations,"the civil penalty range in the Matrix for

### each violation type, 

### from Minimum to Maximum, 

### is $1,500-&,200. The Moderate

### range, according to Complainant, is from approximately $3,733 Lo $5,966, andthe

### median is $4,850. (Reply Briefat 11.) Complainantmultipliedthis figure by seven (one for each violation type). (Tr. 47-48.) The result was $33,950. (Reply Briefat 11.) Complainant performedthis calculation, originally proposed an amount of$33,950, andthen lowered its proposed sanction to $30,000 when 

### itIssued its 

### Final Notice ofProposed Civil Penalty. (Tr. 

### 48f Regarding other statutory factors, Respondentasks for a reduction based on corrective action. Corrective action 

### is not specifically listed in49 U.S.C. 

### § 5123(c), 

### but it falls 

### with1n the catcha11 category of"other

### matters that

### justice requires." 

### Atlas Frontiers, FAA Order

### No. 2010-10 at 7 

### (June 16, 2010); 

### Tate, FAA OrderNo. 2010-7 

### at 14. To result in a reduced civil penalty, the 

### corrective action must exceed minimum legal requirements. FAA OrderNo. 2150.38, Appendix C, 

### ,18(g)(2);At/as 

### Frontiers, FAA OrderNo. 

### 2010-10 at 7. 

### ln addition, the corrective actionmustbe sw({t, 

### comprehensive, ' 

### and 

### positive. Mole-Master Services Corp., l.;AA OrderNo. 20I0-11 at 11 (June 16,

9 Complainant's calculations resulting in a proposed figure of$33,950 were useful as a way offinding an approximate Moderatecivil.penalty. It is !.rue that "ld]ctermination ofthe appropriate penalty does not involve a simple mathematical formula
... but instead requires the exercise ofdiscreti(m andjudgmcnl." 

### Dominion Concepts, Inc., FAA OrderNo. 2005-4 at 

### 5 n.IS (March 8, 2005). However, the record shows that Complainantdid not stop its analysis after concluding 

### its calculations but th<1t it went on**t~** weigh possible mitigating factors. (Tr. 48-54.)


### 8 141008/01405/30/2012 09:00 FAX 2024935142 FAA

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### 2010) (emphasis added). "Positive" means action to prevent fi.lture violations. 

### See, e.g., Atlas Frontiers, 

### fAA OrderNo.

### 2010~10 at 7. Respondent argues that the following corrective action supports a reduction in the civil penalty:

• Respondent's employee Gruetzner told Jackson about his mistakes with the shipment on July 22, 2008 (20 days after the incident), told him to take a UPS refresher course, and told him to 

### ask UPS how

### to complete a hazardous materials torm.
• By July 28, 2008 (26 

### days after the incident), Gruetzner and the 

### Deputy Garrison Commander at Camp Mabry decided to take certain actions such as requiring certainpersonnel to receive training and updating the mail handlers Standard Operating Procedure (SOP).

• After 

### July 2008 

### (about a 

### year after the incident), Respondent distributed hazardous materials training materials to its personnel and asked the1n Louse the materials and submit a certificate 

### of completion.

• Respondent also did certain other :rt:linorthings alter the incident, such as telling its personnel to use the UPS and United States Postal Service (USPS) 

### Weh sites Lo obtain inl(nmation 

### on shipping hazardou5 11la1crials. (Appeal Briefat 2-4; Exhibits R·l & 

### R·2.) T'hcsc measures do not represent 

### swift, ' 

### comprehensive action. Regarding several items, 

### involving Respondent training its personnel, there is no proofofactual action or completion. In any event, training is required by the regulations, 

### and as stated above) 

### simply meeting minimum legal

## requir~::ments does not constitute corrective 

### action. Gruetzner's instructions to Jackson, which 

### came 20 days after the incident, represented neither swift nor comprehensive action. FinaJJy, such measures as telling its personnel 

### to
use lJPS 

### and USPS Web sites to obtain hazard9us.materials shipping information were far from comprehensive.

9**~008/014**05/30/2012 09:00 FAX 2024935142 FAA 

### " OMS

This case simply does not present a situation involving the type ofswift and comprehensive corrective action that would warrant a reduction in an otherwise reasonable civil penalty. The sanction assessed by theALJ in the amount of$30,000 falls within the parameters i>et 

### by the· sanction guidance, and there is no reason to disturb it. Respondent's appeal is denied. This decision 

### atJirms the $30,000 civil penalty assessed by the 

### ALJ. 10



### Ml HAEL P. 'RTA 

### AC lNG ADMIN"TSTRATOR Federal AviationAdministration

10 This order shall be considered an orderassessing civil penalty unless Respondent fi1es a petition for n:view within 60 days ofservice ofthis decision with the U.S. Court ofAppeals for the District ofColumhia Circuit or the U.S. court ofappeals for lhe circuit in which Respondent resides 

### or has its principal place ofbusiness. 11 C ..F.R. 

### §§ 13.16(d)(4). l3.233(j)(2), 13.235 (2009). See 7! Fed. Reg. 70460 (December 5, 2006) (regarding petitions 1hrreview offinal agency**decision~** in civil penalty cases).


### IO**~010/014**05/30/2012 09:00 FAX 2024935142 

### FAA + OMS



### APPENDIX Section 171.2(eY 1 provides: No 

### person 

### may offer or accept a 

### hazardous material 

### for transpottation in commerce unless the 

### hazardous material is properly 

### classed, described> packaged, marked, labeled, and 

### in condition 

### tor shipment as 

### required ot· authorized 

### by applicable requirements 

### ofthis subchapter
.... Section 172.200(a) provides: 

### Description of hazardous materials required
. ... [E]achperson who offers a ha£:ardous material for transportation shall describe tl:te hazardous material 

### on the shipping paper 

### in the mannerrequired bythis 

### subpart. Sections 

### 172.202(a)(l)-(4), (6)-(7) provide: 

### The shipping description 

### ofa ha7.ardous material on

### the shipping paper must include: 

### (l) 1'he identification numberprescribed 

### for the material
...; (2)The proper shipping name

### prescrib(:}d for the rnaterial
...; 

### (3) The hazard 

### class or J.ivision number
...; 

### ( 4) The packing group ...; 

### and (6)
... the

### total netmass per package
...; 

### (7) The

### number and type ofpackages
.... Section 

### 172.204(a) provides: 

### [Ejach person who offers ahazardous material for

### transportation shall certify that'the

### material is

### offered for

### transportation in 

### accordance with 

### this subchapter by printing
... 

### on the shipping paper ... the certification 

### contained in paragraph (a)(l) 

### ofthis 

### section or the certification
... inparagraph(a)(2) ofthis section. (1) 

### "This is to certifythat the above-named 

### materials arc

### properly classiJied, described, packaged, marked and labeled, and arc in proper condition for

### transportation accordingto 

### the applicable regulations ofthe Department ofTransportation."
__ .. (2) "I hereby 

### declare that the contents ofthis consignment are fully and accurately described above 

### by the propc.r shipping name, and are classified, packaged, marked and labelled/placarded, 

### and ro-e 

### inall 

### respects



# ----------- 11 All citations arc to the October J, 2007, 

### c.:dition ofTitle '19 ofthc 

### Code ofFeJcral Regulations (Cl•R), 

### which was in effect at the 1.ime, as the violations occurred i11 July 2008. The regulations wen: not revised**e~gain** until 

### October 1, 2008. @011/01405/30/2012 09:00 FAX 2024935142 FAA + OMS



### in

## prop~r condition for transport according to applicable intemati<>nal and national governmental regulations." Section I72.204(c)(2) provided: 

### Certtficate in duplicate. Each person who offers a hazardous material to an aircraft operator fbr transportation 

### by air shall provide two copies ofthe certification required in this section,
.... 

### ScGtion 1 72.204(c)(3) provided: 

### Additional certification requirements
. ... [EJachperson who offers a hazardous material for transportation by air must add to the certification required in this section
...: 

### met" "I declare Lhat all ofLhe applicable air transport requirements have been Section 172.300(a) provided: Each person who offers a hazardous material for transportation shall mark each package
... containing the hazardous material in the manner required hy this subpart Section 172.30I(a)provided: LE]ach person who offers a hazardous materia11br transportation in a non-hulkpackagingmustmark thepackage with the proper shipping name and identification number (preceded by "UN" or ''NA," as appropriate) for the material as shown in the§ 

### 172.101 Table
.... Section 172.312(a)(2)provided:



### .., lEJach non-bulk combination

### package having innerpackagings containing liquid hazardous materials must be
... (2) Legibly marked with package orientation markings
....on two. opposite vertical sides ofthe package withthe arrows pointing 

### in the concct upright direction
..., Section 172.400(a)provides: fE]ach person who offers for transpOltation ortransports a hazardous material in any oftl1e following packages or containment devices, shall label the package orcontainment device with the labels specified for the material in the 

### § 172.I01 table and in this subpart
..,. Section 172.600( c) provided;**~012/014**05/30/2012 08:00 FAX 2024835142 FAA 

### -. OMS



### ... No person to whom this subpart applies may offer for transportation, accept for transportation, transfer, store or otherwise handle during transportation 

### a hazardous materia) unless: (1) Emergency response information conforming to 

### this subpart is im.rnedjatcly available for usc at all times the 

### ha:t:ardous material is present; and (2) Emergency response infom1ation
... is 

### immediately available to any person who, as a representative ofa Federal, state or local govcnunent agency, responds to an incident involving a

### haz.ardous material, or is conducting an investigation which involves a hazardous material. Section 172.702(a)

### provided: A hazmat 

### employer shall ensure that 

### each ofits l1azmat employees is trained in accordance with the requirements prescribed in this 

### subpart. I 

### Section 

### 173.24(b)( 1) provided: Each package used for the shipment ofhazardous materials under this 

### Stlbchapter shall be 

### designed, 

### constn!Cled, maintained, filled, its 

### contents so limited, and closed, so that under conditions nom1ally incident to transportation-- (1) Except as otherwise pnwided in this 

### subchapter, there will be no identifiable (without the use ofinstmments)release ofhazardous materials to the 

### environment; Section 173.27(d) 

### provided: Closures.**Stoppers~** 

### corks 

### or other such friction-type closures must 

### be held securely, tightly and effectively in }">lace 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. Section 173.173(a)-(b) provided: (a) When the Sec. 172.1 01table 

### specifies that a 

### hazi:tfdous material be 

### packaged under this section, the following requirements apply. Except as otherwise provided in this part, the description "Paint" is the proper shipping 

### name for paint, lacquer, enamel, stain, shellac, vam1sh, liquid aluminum, 

### liquid bronze, liquid gold, liquid wood filler, and liquid lacquer base_ The description "Paint-related material'• is the proper shipping name for a paint thinning, drying, reducing o•· removing compound. However, if a 

### more specific description 

### is listed in the Sec. 172.101 table 

### ofthis subchapter, that description must be used. (b) 

### Paint, paint-related material, adhesives, ink and resins must be packaged as follows:
3**~013/014 ---·-------------------------------------------~-o-M-S-----------:~~0~1~4~/0~1~4-------**  05/30/2012 09:01 FAX 2024935142 FAA

(1) 

### As prescribed in Sec. 173.202 ofthis part ifit 

### is a Packing 'Grotlp II material or Sec. 173:203 ofthis part ifit

### iS a Packing Group III material;
....

4