U.S. Department ofTransportation Federal Aviation Administration Southern Region Office of the Regional Counsel

CERTIFIED

- RETURN RECEIPTREQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX

Re: Inthe Matter ofCrowcon Detection Instruments Limited 

## c;JDld-

# Db,:l{c; FAA Case No. 2010S0700428 Enclosed herewith please find a copy ofa request for hearing and the original and one copy of the Complaint inthe above-referenced proceeding. The FAArequests thatthe hearing inthis matter be held inthe Louisville, Kentucky area, and expects that the hearing will last one day. Please address all communications for the FAAto the undersigned, at: Federal Aviation Administration Office ofthe Regional Counsel, AS0-7 Southern Region P.O. Box 20636 Atlanta, Georgia 30320 Telephone: (404) 305-5200, facsimile (404) 305-5223. Sincerely,

GERALD A ELLIS Attorney Office ofthe Regional Counsel Enclosures

# A 

# Dinsmore

January 26, 2012 VJA FAX (202)493·51412 and OVERNIGIITMAIL Federal Aviation Admlnhttation Attention: HemingDoclvet Clerk, AGC·430 800 Independence Avenue SW Wilbur Wright Building Suite 2Wl000 Washington, DC 20591 Re: Case No. :!010S0700428 Dear HearingDocket Clerk: DINSMORE &SHOHL**LL~>** 255**EastFift~** Street' Suit<1900 'Cincinnati, OH 1520'! www.dlnsmore.com

Brinn S. Sulllvnn (SB) 977-8233 (dir'tort) " (513) 977-8141 (!») brinrumllivnn@dius.more.com



### In accordance wrth section 

### 13.16 of the Federal Aviation Regulations (14 C.F.R. § 13.16), and in response to the Notice of Proposed Civil Penalty dated January 11, 2012 and attached here, this Jetter serves 

### as Crowcon Detection Instruments, Ltd.'s formal request for 

### a hearing 

### in the above--captioned case. Letme know ifyou have any questions.

BSS!bjw Enclosure

c: Gerald A. Ellis, Er:q. (ViaFax: 404·305·5223 and Regular U.S. Mail)U.S. 

### DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION. Complainant,
vs. Crowcon Detection Instruments Limited Respondent.
JUDGE NOT YET ASSIGNED FAA Docket No. Judge



### COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: I. 1. On January 11, 2012, Respondent, CrowconDetection Instruments Limited wa' advised through a FinalNotice ofProposed Civil Penalty that the FAAproposed to assess a civil penalty inthe amount of$22,750. OnJanuary 26, 2012, the Agency Attorney received a written request for a hearing from the Respondent. II. 2. Since December 16,2009, CrowconDetection Instruments, Ltd. ("Crowcon") lmowinglyprepared multiple Shipper's Certification or Declarations ofDangerous Goods (declaration) certifying that hazardous materials were properlyprepared for transportation by air. 3. Crowcon employees completed declarations for shipments containing hazardous materials on the following dates: · '
a. December 16, 2009 b. December 17, 2009 c. January 13,2010 d. January 25, 2010 e. February 8, 2010 f. February 26, 2010g. March 5, 2010 h. March 10,2010 1. March22, 2010 J. March31, 2010 k. May4,2010 

### I. May 7, 2010 m. June 25,2010 n. June 29,2010
4. The above declarations were prepared by employees ofCrowcon for the transportation ofhazardous materials by air 5. The above declarations indicated they were within the limitationprescribed for passenger aircraft. 6. The above-mentioned declarations declared thatthe shipments contained Compressed gas, n.o.s. (oxygen, nitrogen), UN1956, Class 2.2. 7. A. (1) Compressed gas, n.o.s. (oxygen, nitrogen) is classified as a hazardous material under the Department ofTransportation Hazardous Materials Regulations (HMR) (49 C.P.R.§ 172.101). (2) The proper shipping name ofthe material is Compressed gas, n.o.s. (oxygen, nitrogen). Itis in Hazard Class 2.2 (Non-Flammable Gas), and has an assigned identification number ofUN1956. The proper label is NON-FLAMMABLE GAS. 8. Crowcon completed the above-described declarations certifying that the hazardous materials were properly prepared for transportationby air and failed to ensure thatthe hazmat employees who prepared the declarations were trained in accordance with all the prescribed requirements as set forth in Section 172.704. III. 9. By reason ofthe above Crowcon Detection Instruments Limited violated the following Department ofTransportation Hazardous Materials Regulations (Title 49 ofthe Code ofFederal Regulations):
a. Section 172.702(c)(2) inthat Crowcon offered a hazardous material for transportation and failed to ensure thateach ofits hazmat employees receivedthe training required bythis subpart at least once everythree years. b. Sections 172.702(a) and 172.704(a)(4) in that Crowcon offered a hazardous material for transportation and failed to ensure thatits hazmat employee training included security awareness training. No later than the date ofthe first scheduled recurrent training after March 25, 2003, and inno case later than March 24, 2006, each hazmat employee must receive

### training that provides an awareness ofsecurity risks associated with hazardous materials transportation and methods designedto enhance transportation security. This training must also include a component covering how to recognize and respond to possible security threats. After March 25, 2003, new hazmat employees must receive the security awareness training required by this paragraph within 90 days after employment. 10. Pursuant to 49 U.S.C. Section 5123(a), Crowcon Detection Instruments Limited is subjectto a civil penalty not lower than $250 ($450 for training-related violations), nor greater than $50,000 ($100,000 ifdeath, serious illness, severe injury, or substantial property damage results), for each violation ofthe Department ofTransportation Hazardous Materials Regulations. 11. Under the facts and circumstances ofthis case, including consideration ofthe comprehensive corrective action implemented as a result ofthe above allegations and consideration ofyour ability to pay, a civilpenalty of$22,750 

### is appropriate. WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an order that Respondent be assessed a civilpenalty in the amount of$22,750. 

### Respectfully submitted this 

# 1..-1-Jil day ofJanuary, 2012. 

### _/

.. ' / /1""

# ~ 

# /?;/ 

# /?!c**'-7'~~/ ~~~,**  

# (.ci:2;.:::; GERALD A. 

### ELLIS " Attorney Office ofthe Regional Counsel
PLEASE NOTE: 

### Pursuantto Title 14 CFR Section 13.209(a), you are required to file a written answer to this Complaint, or a written Motionto Dismiss ifappropriate, not later than 30 days after the date shown on the Certificate ofService whichfollows.

### CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complaint has been mailedthis date by Certified Mail, Return Receipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Brian S. Sullivan, Esq. Dinsmore & 

### Shohl, LLP 255 E. Fifth St., Suite 1900 Cincinnati, OH 45202 President Crowcon Detection Instruments, Ltd. 2-6 Blacklands Way Abingdon Business Park Abingdon, Oxfordshire OX141DY

slant Office ofthe Regional Counsel 

## JAN 2 1 

## ao1z Dated (original 

### + I copy)

(Registered Mail)