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U. S. Department 

of Transponation 

Federal Aviation 

Administration 

222 W. 7th Avenue #14 

Anchorage, Alaska 99513 

:od1 i '.I{\ y - ? D 4: 0 5 .:...·,, L l 1 '- t \. 

APR 10 2012 

Phone: (907) 271-5:269 

Fa~~:: (907) 271-2800 

CERTIFIED MAIL-RETURN RECEIPT REQUESTED rtECEIVED 

Federal Aviation Admini~tration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 000 

Rc: In the Matter of Scott Novak 

Case No. 2012NM730033 

Dear Sir or Madam: 

APR 2 0 2012 

HEARING DOCKET 

We have received notification that Scott Novak requested a hearing in lh.;; above-referenced case. 

Enclosed are the original and one copy of the Complaint in the above-referenced proceeding as required 

by§ 13.208(a) ofthe Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. I)ar! 13, Subpar! G. Ry 

copy of this letter, the Complaint is being served on Respondent ao; required by § 13.208(b ). 

The FAA reque~to; that the hearing in this matter be held in Anchorage, Alaska, which is where the 

incident occurred and where witnesses necessary to esrablish contested facts live. The FAA expects that . 

the hearing will last one day. 

Please address all communications fonhe JIAA to Howard L. Martin, Jr., Regional CounseL Feder~:~ I 

Aviation Administration, Office ofthe Regional Counsd, A/\L-7, 222 Wc~l. 7th Avenue, Box 14, 

Anchorage, Alaska 99513·7587. 

HOW J\RD L. M/\.RTlN, JR. 

Regional Counsel 

By: ~=-- Glenn H. Brown 

Senior Attorney 

Enclosures 

cc: Joseph W. Geldhot: Esq. 

(with copy of fAR 13.!6 and Subparr G of Part 13) 
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riECEIVED 

In the Matter of: 

Scott Novak 

Judge Not Assigned 

APR 2 0 2012 

u.s. DEPARTMENT OF TRANSPORTATfON HEARING DOCKET 

FEDERAL AVIATION ADMINISTRATION 

FAA Docket No. Unassigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby tiles iLs Complaint, 

pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. § 13.208), and states as follows: 

1. 

On March 19,2012, Respondent was advised through a Notice ofProposcd Civii Penalty 

that the FAA proposed to assess a civi I penalty in the amount of $2,700. On April 6, 2012, 

Respondent submitted a written request for a hearing. 

11. 

I. On or about December 22, 2011, Respondent knowjngly oiTered to Alaska Airlines an 

11-piecc shipment Lor transportalion by air from Anchorage, Alaska, to Juneau, Ala'\ka. 
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2. The above shipment is described on Air Waybill No. 027-IB85-7546 as consisting of 

"FURNITURE, MATTRESS," and the block declaring that the shipment does not contain 

hazardous materials is initialed. 

@003/010 

3. The a.hove shipment included 16 bottles of nail polish, one bottle of nail polish remover, 

one 32-ounce bottle of Charcoal Lighter Fluid. one 10-ounce can ofMoroccanoil Hairspray, 

one 7-ouncc can of Gillette Fusion Hydra Gel, and one 6.5-ounce can of Repel Insect 

Repellant. 

4. Nail polish is classified a<> a hazardous material under§ 172.101 ofthe United States 

Department of Transportation Hazardous Materials Regulations (HMR). 49 C.P.R. Chapter I. 

Subchapter C (Parts 171-80). Its proper shipping name is "Paint.'~ Tt is in hazard class 3 

(Flammable liquids) and packing group II, and has an assigned identification number of 

UN1263. 

5. Nail polish remover is classified ac; a hazardous material under§ 172.101 ofthe HMR. Its 

proper shipping name is "Acetone Solutions." It is in hazard class 3 (Flarrunable liquids) and 

packing group IT, and has an assigned identification number of UNl 090. 

6. Charcoal I ,lghter Fluid is classified as a hazardous material under § 172.101 of the HMR. 

It proper shipping name is "Petroleum Distillates, N.O. S." It is in hazard class 3 (Flammable 

liquids) and packing group TIT, and has an assigned identification number oflJN126&. 

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7. Moroccanoil Hairspray, Gillette f'usion Ilydra Gel, and Repel Insect RepeHant are 

classified as a ha7.ardous material under§ 172.101 ofthe HMR. Their proper shipping name 

is "'Aerosols, Flammable." They are in hazard class 2.1 (.Flammable gas), and have an 

assigned identification number ofUN1950. 

8. At all times mentioned herein, the shipment was not accompanied by a shipper's 

Declaration for Dangerous Goods. 

9. Respondent offered the above-described shipment of hazardous material for transportation 

by air when the shipping papers did not contain the proper shipping name of each hazardous 

material; rhc hazard class of <::ach hazardous material; the assigned idenLi1it:ation number of 

each hazardous material preceded by '"UN'' or ''NA,'' as applicable; the packing group in 

R<)man numerals for each hazardous material; the wral quantity by weight or volume of each 

hazardous material covered by the dcscri ption; and the basic description ofeach ha:L:ardotls 

material .shown in sequence. 

1 0. Respondent offered the above-described hazardous material for transportation without 

including in the shipping papers an emergency response telephone number as prescribed in 

Subpart G of Part 1 72 of the HMR. 

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11. Respondent offered the above-described hazardous materials ior l.ri:lll:sporlaLion by air 

when the shipment was not marked or labeled in any manner that would indicate the actual 

hazardous nature of its coments. 

@005/010 

1 2. Respondent offered the above-described shipment for transportation when the shipment 

was not marked with the proper shipping name and the assigned identification number of 

each hazardous material contained in it, and the required markings in English were not 

printed on or aft1xcd to the surface or Lhe box 

13. Respondent otiered the above-described shipment for transportation when no 

''Flammable bquid" or ''Flammable gas"label was affixed to the ~hipment. 

III. 

1. By reason of the foregoing facts and circum~!Unces, Respondent violated the fbllowing 

Department of Transportation Hazardous Materials Regulations: 

(a) Section 171.2(e) in that Respondent offered hazardous material for 

transportation in commerce within the United States when each material was not 

properly classed, described, packaged, marked, labeled, a.nd 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 H M R or S\1bch.aptcr A of 

Chapter I of TiLle 49, Code of Federal Regctlations. 

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(b) Section 172.200(a) in that Respondent offered hazardous material for 

transportation without properly describing each material on the shipping papers. 

(c) Section 172.201 (d) in that Respondent offered hazardous material for 

transportation without including in the shipping papers an emergency response 

telephone number as prescribed in Subpart G ofPart 172 ofthe HMR. 

(d) Section 172.202(a)(1) in that Respondent offered hazardou.~ material 

for transportation without including the proper shipping name in the shipping papers. 

(e) Section 172.202( a)(2). in that Respondent offered ha:cardous material 

for transportation without including in. the shipping papers the hazard class or division. 

prescribed for the material. 

(f) Section 172.202(a)(3) in that Respondent offered hazardous material 

for transportation without including in the shipping papers the identification number 

prescribed for the materiaL 

(g) Section 172.202(a)(4) in that Respondent offered hazardous material 

for transportation w1thout including in the shipping papers the packing group, in Roman 

numerals, prescribed for the material in Column 5 ofthe § 172.101 Table. 

5 
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(h) Section l72.202(a)(5) in that Respondent offered hazardous material 

for transportation without including in the shipping papers the total quantity of the 

ha:Lardous material covered hy the description. 

(i) Section 172_203(1) in that Rcspondentoffered hazardous material for 

transportation by air without including in the shipping papers a statement indicating that 

the shipment is within the limitations prescribed for either pa~sengcr and cargo aircraft 

or cargo aircratl only. 

(j) Section 172.204(a) in that Respondent o1Tered ha:cardous material for 

transportation without the required shipper's certification. 

(k) Section 172_204(c)(2) in that Respondent offered hazardous material 

to an aircrafl. operator 1or transportation by air and did not provide two copies of the 

required shipper's declaration. 

(I) Section 172.204(c)(3) in that Respondent offered a hazardous material 

for transportation by air without including the statement, "I declare that all of the 

applicable air transportation requirements have been met." 

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(m) Section 172.300(a) in Lhat Respondent offered hazardous material for 

transpor[ation when the shipment was not marked with Lhe proper shipping name and 

identificaiion number for its contents. 

(n) Section 172J01(a) in that Respondent offered ror transportation a 

hazardous material in a non· bulk package when the package was not marked 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. 

(o) Section 172.400(a) in that Respondent offered a shipment containing 

hazardous material for transportation when the shipment was not properly labeled as 

specified in § 1 72. 1 01 and subpart E of part 172 of the HMR. 

(p) Section 172.604(a) in that Respondent offered a shipment containing 

hazardous material for transportation and _failed to provide an emergency response 

telephone number. including the area code or international access code, for usc in the 

eveni of any emergency involving the hazardous materiaL 

IV 

1. Under49 U.S.C. § 5123(a)(l) and 14 C.F.R. § 13.305(d), Respondent is liable fora civil 

penalty of at least $250 ($450 lor training violations) b\it not more than $50,000 (or 

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$100,000 for violations resulting in death, serious illness, or severe i~jury to any person, or 

substantial destruction of property), for each violation of the HMR. 

2. Under the facts and circumstances of this case, a civil penalty of$2, 700 is appropriate. 

WHEREFORE, the Federal Aviation Administration, by counsel, respectfully requests 

that the administrative law judge enter an order that Respondent be assessed a civil penalty in the 

amount of$2,700. 

-\11\ 

RESPECTFULLY SUBMITTED this (0 day of April, 2012. 

8 

HOWARD L. MARTIN, JR. 

Regional Counsel 

By: ~B~~o,-vn~=·--·------- Scnior A ttorncy 
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CERTIFICATE OF SERVICE 

Re: Scott Novak 

Case No. 2012NM730033 

F .1\A Docket No. To Be Assigned 

l hereby certify that on this date 1 served a copy of the FAA's Complaint and a copy of the 

foregoing letter by placing them in the United States Mail, postage-prepaid, certified mail, return 

receipt requested, addressed as foiJows: 

Joseph W. Geldhof 

Attomcy at f .aw 

2 Marine Way, Suite 207 

JWleau, AK 99801 

I further'certify that on this date I have served the original of the foregoing letter and the original 

and one copy of the FAA's Complaint by postage-prepaid, certified mail, rctum receipt 

requested, addressed as follows: 

Federal Aviation Ad1ninistration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W 1000 

Office ~J/.drtv of the ~I Counsel {J 

222 West 7th A venue # 14 

Anchorage, Alaska 99513-7587 

9 

~· ;t :2012 

Date