U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southern Region 

Office of the Regional Counsel 

CERTIFIED - RETURN RECEIPT REQUESTED 

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: In the Matter of Crowcon Detection Instruments Limited c;JD ld- Db,:l {c; 

FAA Case No. 2010S0700428 

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

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Louisville, Kentucky area, and 

expects that the hearing will last one day. 

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

Federal Aviation Administration 

Office of the 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 of the Regional Counsel 

Enclosures 
A Dinsmore 

January 26, 2012 

VJA FAX (202) 493·51412 and OVERNIGIIT MAIL 

Federal Aviation Admlnhttation 

Attention: Heming Doclvet Clerk, AGC·430 

800 Independence Avenue SW 

Wilbur Wright Building 

Suite 2Wl000 

Washington, DC 20591 

Re: Case No. :!010S0700428 

Dear Hearing Docket 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. 

Let me know if you have any questions. 

BSS!bjw 

Enclosure 

c: Gerald A. Ellis, Er:q. (Via Fax: 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, 

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as follows: 

I. 

1. On January 11, 2012, Respondent, Crowcon Detection Instruments Limited wa' 

advised through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil 

penalty in the amount of $22,750. On January 26, 2012, the Agency Attorney received a written 

request for a hearing from the Respondent. 

II. 

2. Since December 16,2009, Crowcon Detection Instruments, Ltd. ("Crowcon") 

lmowingly prepared multiple Shipper's Certification or Declarations of Dangerous Goods 

(declaration) certifying that hazardous materials were properly prepared 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, 2010 
g. 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 of Crowcon for the 

transportation of hazardous materials by air 

5. The above declarations indicated they were within the limitation prescribed for 

passenger aircraft. 

6. The above-mentioned declarations declared that the 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 of Transportation Hazardous Materials Regulations 

(HMR) (49 C.P.R.§ 172.101). 

(2) The proper shipping name of the material is Compressed gas, n.o.s. 

(oxygen, nitrogen). It is 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 transportation by air and failed to ensure that the 

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 of the above Crowcon Detection Instruments Limited violated the 

following Department of Transportation Hazardous Materials Regulations (Title 49 of the Code 

of Federal Regulations): 

a. Section 172. 702( c )(2) in that Crowcon offered a hazardous material for 

transportation and failed to ensure that each of its hazmat employees received the training 

required by this subpart at least once every three years. 

b. Sections 172.702(a) and 172.704(a)(4) in that Crowcon offered a hazardous 

material for transportation and failed to ensure that its hazmat employee training included 

security awareness training. No later than the date of the first scheduled recurrent training after 

March 25, 2003, and in no case later than March 24, 2006, each hazmat employee must receive 
training that provides an awareness of security risks associated with hazardous materials 

transportation and methods designed to 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 

subject to a civil penalty not lower than $250 ($450 for training-related violations), nor greater 

than $50,000 ($100,000 if death, serious illness, severe injury, or substantial property damage 

results), for each violation of the Department of Transportation Hazardous Materials 

Regulations. 

11. Under the facts and circumstances of this case, including consideration of the 

comprehensive corrective action implemented as a result of the above allegations and 

consideration of your ability to pay, a civil penalty 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 civil penalty in the amount of $22,750. 

Respectfully submitted this 1..-1-Jil day of January, 2012. 

_/ .. ' / /1"" ~ /?;/ /?!c '-7'~~/ ~~~, (.ci:2;.:::; 

GERALD A. ELLIS " 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 3 0 days after the date 

shown on the Certificate of Service which follows. 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this 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 of the Regional Counsel 

JAN 2 1 ao1z 

Dated 

(original + I copy) 

(Registered Mail)