08/12/2011 16:06 FAX 2024935142 

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FAA 

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- DMS 12)001/006 

PAGE P2/07 

fM9>epdrtnicnt 

Federal Aviation 

Admin is trfttion 

Office of Regional Counsel 

Northwest Mountain Re^oo 

Colorado, Idaho, Montana, 

Oregon, Utah, V/ashington, 

Wyoming 

1601 Lind Avenue S.W. 

Renton. Washington 9S057 

Tel: (425)227-1847 

Fax: (425) 227-] 007 

KYLE.LOMAZ0W@.FAA.G0V 

Augusts, 20 n 

VIA FACSIMILE AND CERTIFIED MAIL - RETURN RiCEIPT REQITESTED 

Attn: Hearing Docket Clerk. AGC-430 

Hearing Docket 

Federal Aviation Adminisnatipn 

(Wilbur Wright Bldg - Room 2W1000) 

800 Independence Avenue S.W. 

Washington, D.C. 20591 

i n 

.X: 

<J-i 

Re: In the Matter of Armorcoat USA, Case No. 2010NM710045 

A'lA 

fhx-3,Hi-tnf.1 ^ , 

Enclosed herewith please find a copy of a request for hearing and the onginal and one copy of the '1'V 

Complaint in the above-referenced proceedingT At 

The Federal Aviation Administration (FAA) requests thai the hearing in this mailer be held in Salt 

Lake City, Utah, and expects that the hearing will last t^vo (2) days. 

For scheduling purposes, FAA attorney, Kyle E. Lomazow v-ill be unavailable in year 2011; August 17 

through September 2 and September 9 through 25. 

Please address all communications for the FAA to the undersigned at: 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton. Washington 98057 

Telephone: 425.227. 1?47 

FAX: 425.227.1007 

Sincerely. 

Kyle E. Lomazow 

FAA Attorney 

Enclosures: Request for Hearing (Appeal) 

Complaint 
08/12/2011 1G:0G FAX 2024935ia2 

t)8/0a/2011 14: 5B (125227:007 

KYLE E. LOMAZOW 

FAA OF?ICE OP REGIOI^AL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: 425.227.1847 

FACSIMILE: 425.227.1007 

FAA - QMS 

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PAGE 03/07 

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In the Matter of. 

Armorcoat USA 

UNITED STATES O F AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

FAA Case No. 2010NM710045 

Judge Not Assigned 

JUDGE NOT ASSIGNED: 

COMPLAT>T 

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. 

On June 9, 2011, Armorcoat USA, was advised through an Amended Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of 315,000: 

On July 18 2011, Armorcoat US A, through legal counsel, submitted a-v-Titten request for a 

hearing. 

II. 

1. Armorcoat USA (hereafter Armorcoat) is a business entity' that regularly offers, accepts, or 

transports hazardous material (HAZMAT). 

2. On May 14, 2010. at ornear Missoula, Montana, Armorcoat offered a declared shipment of 

Paint, UNI2C3, Class 3, for transport in air commence. This shipment was destined for 

Singapore. 

COMPLAIKT 

FAA V. ARMORCOAT USA 

Page 2 ofe 

KYLE E. LOMAZOW, FAA ATTORNEY 

TF.Li 425.227.1W?; TAX: 425.227. (007 
08/12/2011 1607 FAX 2024335142 

09/as/2011 14:50 4252271507 

FAA - DhlS 

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3. This substance is classified as hazardous material (HAZMAT) under the Department of 

Transportation Hazardous Materials Regulations (49 C.F.R. Parts 171 et. seq."). 

4. This shipment was transported by use of United Parcel Service (UPS) air waybill number 

1Z596272045015697L 

5. During transfer of this shipmert to the UPS cargo facility in Salt Lake City, Utah, a UPS 

employee discovered that the package under air waybill number 1Z5962720450156971 was 

leaking. 

6. Upon review of the contents of this shipment by UPS.s it was discovered that: 

a. The closure (stopper/cork) was not held in place by positive means, as required by 

49 C.F.R. § 173.27(d). • 

b. There was not sufficient absorbent materials as required by 49 C.F.R. § 173,27(e)(2)-

c. The outer package was not Uquid tight as required by 49 C.F.R. § 173.27(e)(3). 

7. Armorcoat did not ensure that each of its employees who handle HAZMA T were trained per 

title 49 C.F.R., Subchapter C, Subpart H. 

8. Upon request by a Federal Aviation Administration (FAA) special agent, Armorcoat was not 

able to produce copies of the past 12 Dangerous Goods Declarations as required by 

49 C.F.R. § 172.201(e). 

IIL 

1. By reason of Ihc foregoing facts and circumstances, Armorcoat violated the follovving 

sections of the Federal Aviation Regulations 0 4 C.F.R.): 

a. Section 171.2(e). in that it offered HAZMAT to be shipped in air commerce which were 

not properly described, or in a condition for shipment required by the Hazardous 

Material Regulations (49 C.F.R. Paris 17], er. seq ). 

b. Section 172.101 {H/\ZMAT Table, column 7) and Section 172,102(a)(2), in that it 

failed to ensure the package was in compliance with Special Provision 60. 

c. Section 172.201(e). which states^ "Each person who provides a shipping paper must 

retain a copy of the shipping paper required by Section 172.200(a), or an electronic 

image thereof, that is accessible at or through its principal place of business and 

must make the shipping paper available, upon request, to an authorized official of a 

Federal, State or local government agency at reasonable times and locations.'" 

COMPLAINT 

FAA V. ARMORCOAT USA 

Page j of 6 

KVLE E. LOMATXIW, FAA .ATTORKEY 

TEL; 425.227.1847; FAXi 425.227.1007 
08/12/2011 16 07 FAX 2024935142 

BE/9e/2011 14:50 J25227iaS7 

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d. Section 172.202(a)(4), in that it offered HAZMA T to be shipped in air commerce 

when it did not describe on the shipping papers tlic correct packing group designated 

for the HA2MAT, 

e. Section 172.702(a), in that it failed to ensure that each of its employees who handle 

HAZMAT are pixjperly trained per the requirements prescribed in Subpan H (49 

C.F.R. Section 172.700 et seq). 

f. Section 173.1(b). in that it improperly prepared the packing of, and offered, a 

shipment of HAZMAT for shipment by air. 

g. Section 173.22(a), in that it failed to properly class and describe the HAZMAT 

contained in its shipment 

h. Section 173.24(b)(1), in that it failed to package the HAZMAT in such a manner 

that there would be no identifiable release of HAZMA T to the environment. 

i. Section 173.27(e), in that it packaged and offered a shipment for transportation by 

aircraft that contained a Class 3 liquid when the inner package did not contaia 

absorbent materials to contain liquid in the event of a leakage. 

2. In accordance with Section 5123(a) of Title 49 of the United States Code (Transportation) 

[49 U.S.C. § 5123(a)], Aimorcoal is habic for a civil penalty not to exceed $50,000 for each 

violation of the Department of Transportation Hazardous Materials Regulations. 

3. Under the facts and ciicumatances of this case, a civil penalty of $15,000 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests thai the Administrative 

Law Judge enter an order that Armorcoat be assessed a civil penalty in the amount of $15,000. 

Respectfully submitted this 8th day of August, 2011. 

j<^X( ^ 

Kyle E. Lomazow 

FAA Altomcy 

COMPL AIN'T 

FAA V. AR.MORCOAT USA 

Page 4 of6 

KYLE E. LDMA7.OW. FAA ATTORNEY 

TEL. +25.227.IS4?-. FAX; «5.227.1007 
08/12/2011 1607 FAX 2024935142 

0e/eB/2Bll 14:50 4252271007 

FAA ^ DMS 

AKIM7 

@]O05/00B 

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ANSWER 

In accordance vvith Section 13.209 of the Federal Aviation Regulations, ArmorcoaL, must anawer 

this Complaint not later than 30 days from the lime it is served on it. Failure to file an Answer 

within 30 days without good cause shall be deemed an admission of the truth of each allegation 

contained in'the Complaint [14.C.F.R. § 13.209(f)]. 

COMPLAINT 

FAA V. ARJMORCOA T USA 

Page 5 of6 

Kn,e E. LOMAZOW. FA A .ATTORNEY 

TI7.L: -125.227.1847; FAX: d25.227.I OC? 
08/12/2011 16 07 FAX 2024935142 

08/03/2011 14:50 ' 3252271307 

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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been served via facsimile and certified mail 

Return Receipt Requested this date, to the following: • 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Fax: 202. 493.5142 

Richard A. Reep 

Reep Bell & Laird 

2687 Palmer Street, Suite D 

P.O.Box 16960 

Missoula, MT 59S08 

TEL; 406.541,4100 

FAX; 406.541,4101 

(Original and 1 copy) 

Dated this 8th day of August, 2011 

Dana Stephenson 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

(425)227-2164 

COMPl.AlNT 

FAA V. ARMORCOAT USA 

Page <j or e 

KVT£.E LOMA^r'W. FA A ATTQRKT^V 

TEL: 425.227.1847i pAX: 425.227.100?