U.S. Department ofTransportation Federal Aviation Administration



### FEB 1 4 2014 Southern Region Office ofthe Regional Counsel

CERTIFIED- RETURN RECEIPT REQUESTED HearingDocket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur WrightBuilding 800 Independence Avenue, SW Washington, DC 20591 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX 

# RECEIVED FEB 202014 HEARING DOCKET

Re: lnthe Matter ofRidan Investments, Inc. FAA CaseNo. 2012S0700133 Enclosedherewithpleasefind a copy ofarequest for hearing andthe original and one copy of the Complaintinthe above-referencedproceeding. The FAArequests thatthehearinginthis matterbeheldinthe Atlanta, Georgia area, and expects thatthe hearing will lasttwo days. Please address all communications for theFAA to theundersigned, 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.

# ~~~ CHRISTOPHERR. STEVENSON Attorney

EnclosuresU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERALAVIATION ADMINISTRATION, Complainant, 

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vs. FAADocketNo. 

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## 0**g~** Judge Ridan Investments, Inc. Respondent.

JUDGE NOT YETASSIGNED COMPLAINT TheFederal Aviation Administration (FAA), bycounsel, hereby files its Complaint, pursuantto Rule 208 oftheRules ofPractice (14 C.F.R. 13.208), and states as follows: I. 1. OnJanuary 14, 2014, Respondent, RidanInvestments, Inc. was advised through a Final Notice ofProposed Civil Penaltythatthe FAA proposedto assess a civil penaltyinthe amount of$55,000. OnFebruary 3, 2014, theAgency Attorney received a writtenrequest for a hearing from theRespondent. II. 2. On or aboutFebruary 19, 2012, Ridan Investments, Inc. (Ridan) knowingly offeredto FederalExpress a one-piece shipment consistingofa fiberboardbox containing hazardous materials for transportationbyair. 2. The above-mentioned shipment was assigned Federal Express air waybill number 798070503924. The shipment was offered by Ridan for transportation to the consignee, Chris Bithell, 29307 RohdinPlace, Wesley Chapel, FL 33545. 3. At all times mentioned herein, the above-mentioned shipment was not accompaniedbya Shipper's Certification orDeclaration ofDangerous Goods.4. On or about February 19, 2012, the above-mentioned shipment was flown on a regularly scheduled Federal Express cargo flight in air transportation to the Federal Express sort facility in Orlando, Florida. 5. On or about February 19, 2012, ground-handlingpersonnel atthe Federal Express sort facility discovered the above-mentioned shipmentleaking. 6. The above-mentioned fiberboard box contained two aerosol cans of MOTUL Chain Lube

- Off Road and two aerosol cans of K&N Air Filter Oil #99-0156, totaling approximately 40 fl. oz. 7. (a) MOTUL Chain Lube- OffRoad and K&N Air Filter Oil are classified as hazardous materials under the Department of Transportation Hazardous Materials Regulations (HMR) (49 C.F.R. § 172.101). (b) The proper shipping name ofthe material is Aerosol, flammable, n.o.s. It is inHazard Class 2.1 (Flammable Gas), and has an assigned identification number ofUN 1950. Theproper label isFLAMMABLE GAS. 8. Ridan offered the above-described shipment of hazardous material for transportationby air without shippingpapers that included: (a) the assigned identificationnumber prescribed for eachhazardous material; (b) the proper shippingnameprescribed for eachhazardous material; (c) the hazard class prescribed for eachhazardousmaterial; (d) the total netmassperpackage ofeachhazardous material; and, (e) the number and type ofpackages containinghazardous material. 9. Ridan offered the above-described shipment of hazardous material for transportationbyair and failed to: (a) certify that the materials were in accordance with the HMR (49 C.F.R. §§ 171, et seq.) by printing on the shipping papers the certification set forth in § 172.204(a)(l), 172.204(a)(2), or § 172.204(c) ofthe HMR; (b) prepare the required certifications in duplicate; and, (c) add to the certification required inthis section the following statement: "I declare that all ofthe applicable air transportrequirements havebeenmet." 10. Ridan offered the above-described shipment of hazardous materials for transportationby air when:(a) the outer container was not marked with the proper shipping name ofeach hazardous material contained therein; and (b) the outer container was not marked with the assigned identification number ofeach hazardous material containedtherein. II. Ridan offered the above-described shipment of hazardous material for transportation by air and failed to make emergency response information available for use at all times thehazardous material was present. 12. Ridan offered the above-described shipment of hazardous material for transportation by air and failed to make an emergency response telephone number immediately available to the appropriate official person designated to respond to an incident involving a hazardous material, or who was conducting an investigation involving a hazardous material. 13. Ridan offered the above-described shipment of hazardous material for transportation by air and failed to ensure that each of its hazmat employees was trained in accordancewith the prescribedrequirements as set forth in Section 172.704.

III. 14. Byreason ofthe above, Ridanviolatedthe following Department of Transportation Hazardous Materials Regulations (Title 49 ofthe Code ofFederal Regulations): I. Section 171.2(e) in that Ridan offered or transported a hazardous material for transportation in commerce when the hazardous material was not properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorizedby applicable requirements of this subchapter, or an exemption, approval, or registration issued under this subchapter orunder subchapter A ofthis chapter. 2. Sections 172.200(a) and 172.202(a)(l) in that Ridan offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the identification number prescribed tor the material as shown in Column 4 ofthe§ 172.101 Table, inthe mannerrequiredbythis subpart. 3. Sections 172.200(a) and 172.202(a)(2) inthat Ridan offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the proper shipping nameprescribed for the material as showninColumn 2 ofthe§ 172.101 Table. 4. Sections 172.200(a) and 172.202(a)(3) in that Ridan offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the hazard class or division number prescribed for the material as shown in Column 3 of the § 172.101 Table.5. Sections 172.200(a) and 172.202(a)(6) inthat Ridan offered a hazardous material for transportation by aircraft and failed to describe the hazardous material on shipping papers showing the total mass perpackage, unless a gross mass is indicated in Columns (9A) or (9B) of the § 172.101 Table in which case the total gross mass per package must be shown; or , for Class 7 materials, the quantity ofradioactive mustbe shownbyactivity. 6. Sections 172.200(a) and 172.202(a)(7) in.that Ridan offered ahazardous material for transportation and failed to describe the hazardous material on shipping papers indicating the number and type ofpackages (for example, "12 drums"). 7. Sections 172.204(a) or (c)(l) in that Ridan offered a hazardous material for transportation and failed to certify that the material was offered for transportation in accordance with this subchapter by printing on the shipping paper containing the required shipping description one ofthe certifications set forth inthis part. 8. Section 172.204(c)(2) in that Ridan offered a hazardous material to an aircraft operator for transportationby air and failed to provide two copies ofthe certification required in this section. 9. Section 172.204(c)(3) in that Ridan offered for transportation by air a hazardous material authorized for air transportation and failed to add to the certification required in this section the following statement: "I declare that all ofthe applicable air transport requirements havebeenmet." 10. Section 172.30l(a) in that Ridan offered for transportation ahazardous material in a non-bulk packaging and failed to mark the package 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. 11. Section 172.301(b) in that Ridan offered for transportation a hazardous material and failed to mark each non-bulk package containing hazardous materials subject to the provisions of§172.203(k) ofthis part with the technical name in parentheses in association with the proper shipping name in accordance with the requirements and exceptions specified for display oftechnical descriptions on shippingpapers in § 172.203(k) ofthis part. 12. Section 172.400(a) in that Ridan offered for transportation ahazardous material in one ofthe packages or containment devices listed in this subpart and failed to label the package or containment device withthe labels specified for the material in the §172.101 Table and inthis subpart.13. Section 172.600(c)(l) in that Ridan offered for transportation a hazardous material and failed to make the emergency response information conforming to this subpart immediately available for use at all times the hazardous material was present.14. Section 172.600(c)(2) in that Ridan offered for transportation a hazardous material and failed to make emergency response information including the emergency response telephone number, immediately available to any government agency responding to an incident involving hazardous materials or conducting an investigation which involves a hazardous material. 15. Sections 172.600 and 172.602(b)(2) in that Ridan offered for transportation a hazardous material for transportation and failed to make the emergency response information available for use away from the package containingthehazardous material. 16. Sections 172.600 and 172.602(b)(3) in that Ridan offered for transportation a hazardous material and failed to present the emergency response information- (i) on a shipping paper; (ii) in a document, other than a shipping paper, that includes both the basic description and technical name of the hazardous material as required... and the emergency response information required by this subpart (e.g., a material safety data sheet); or (iii) related to the information on a shipping paper, a written notification to the pilot-in-command, or a dangerous cargo manifest, in a separate document (e.g., an emergencyresponse document), in amanner that cross-references the description of the hazardous material on the shipping paper with the emergencyresponse information contained inthe document. 17. Section 172.604(a)(l) in that Ridan offered a hazardous material for transportation and failed to provide a 24-hour emergency response telephone number (including the area code or international access code) which was monitored at all times the hazardous material was intransportation, including storage incidental to transportation, for use in the event ofan emergencyinvolvingthe hazardous material. 18. Section 172.604(a)(2) in that Ridan offered a hazardous material for transportation and failed to provide a 24-hour emergency response telephone number ofa person who was either knowledgeable ofthe hazardous material being shipped and has comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person possessing such knowledge and information for use in the event of an emergency involvingthe hazardous material. 19. Section 172.604(a)(3) offered ahazardous material for transportation and failed to provide a 24-hour emergencyresponse telephone number which was entered on a shipping paper in the manner required by this paragraph for use in the event of an emergency involving the hazardous material. 20. Section 172.702(a) in that Ridan offered a hazardous material for transportation and failed to ensure that each of its hazmat employees was trained in accordance with the requirements prescribed inthis subpart. 21. Section 172.702(c)(2) in that Ridan offered a hazardous material for transportation and failed to ensure that a new hazmat employee, or an employee who changed job functions performed hazmat functions under the direct supervision ofa properly trained and knowledgeable hazmat employee.22. Section 173.l(b ), ( 49 C.F.R. § 173.1(b)), inthat Ridan offeredhazardous material for transportation which was not prepared in accordance with the Hazardous Materials Regulations, and it failed to instruct each ofits officers, agents and employees having any responsibility for preparing hazardous materials for shipment as to applicable Hazardous Materials Regulations (49 C.F.R. §§ 171, et**~.).** 23. Pursuant to 49 U.S.C. Section 5123(a), Ridanis subject to a civil penaltynot lowerthan $250 ($450 for training-related violations), nor greaterthan $50,000 ($100,000 if death, serious illness, severe injury, or substantial propertydamageresults), for each violation of theDepartment ofTransportationHazardous Materials Regulations. 24. Under the facts and circumstances ofthis case, a civil penaltyof$55,000 is appropriate. WHEREFORE, the Agency, bycounsel respectfullyrequests that the Administrative Law Judge enter an order that Respondentbe assessed a civil penaltyinthe amount of$55,000

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# ,-a;: Respectfully submitted this

### I'"!~ day ofFebruary, 2014.

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 writtenMotionto Dismiss ifappropriate, not laterthan 30 days afterthe date shown on the Certificate ofService which follows.CERTIFICATE OF SERVICE Ihereby certifythat a copy ofthe foregoing Complaint has beenmailed this dateby Certified Mail, ReturnReceipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 President Ridan Investments, Inc. 18540 Minthom Street Lake Elsinore, CA 92530 Lawrence M. Burek, Esq. 550 NorthParkcenter Drive Suite 204 Santa Ana, CA 92705 

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# g.~ DONNAE. STANL Y Legal Assistant · Office ofthe Regional Counsel 

### FEB 14 20:< Dated (original+ I copy)DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION ATLANTA, GEORGIA RETURN WITHIN 30 DAYS TO; Office of the Regional Counsel fede.ral .Ziviation Administration P. 0. Box 20636 .'<tlanta, GA 30320 DATE

Telephone: facsimile: Subject: (404) 305-5200 (404) 305-5223 

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# w 2**&:J701.'l~s** Notice of Proposed Civil Penalty (HM), Case No.

In reply :o your Notice of Proposed Civil Penalty, I elect to proceed as indicated by my check mark besj_de the numbered paragraph (s) below: 1. [ ] I hereby submit the amount of the proposed civil penalty with the understanding that an order assessing a civil penalty will be issued in that amount v-.•ithout further notice. I UNDERSTAND THAT I HAVE WAIVED MY RIGHT TO A HEARING. 2. I have paid the proposed civil penalty with a credit card over the Internet at the follow.ing website: http: //www.pay.gov.

J. understand that an orde.r assessing a civil penalty will be issued in the amount without further notice. I ALSO UNDERSTAND THAT I At1 WAIVING MY RIGHT TO A HEARING. 3. [ ] I hereb): submit_ evidence and information, demonstrating thaL a violat.ion of the regulations did not occur as alleged or that the amount of the penalty is not v-;arranted by the circumstances. I UNDERSTAND THAT CHOOSING THIS OPTION WILL NOT AFFECT MY RIGHT TO A HEARING.

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. I ] I hereby submit _in f orrnat ion and records showing that I am financially unable to pay the proposed civil penalty, or that pa'y'Inent of the pena.l ty 1-IOUld prevent me from continuing ln business. I UNDERSTAND THAT CHOOSING THIS OPTION WILL NOT AFFECT MY RIGHT TO A HEARING. S. [} I hereby request that the proposed civil penalty be assessed in the amou:Jt of S and I submit the reasons for the reduction of the proposed amount- MY REQUEST CONSTITUTES MY AGREEMENT THAT IF THIS OFFER IS ACCEPTED BY THE FAA, AN ORDER ASSESSING CIVIL PENALTY IN THE AMOUNT I HAVE SPECIFIED MAY BE ISSUED WITHOUT FURTHER NOTICE AND I WAIVE MY RIGHT TO A HEARING. IF MY OFFER IS NOT ACCEPTED, I UNDERSTAND MY RIGHT TO A HEARING WILL NOT BE AFFECTED.

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'·---- FA:\, Rlfii(l\:AL Cl _!l**·~~'-.,L:**... SOUTHERN RU.JJONa. [ ] I hereby request to discuss this matter in person at an nformal conference with an attorney from your office at the location checked elow I UNDERSTAND THAT CHOOSING THIS OPTION WILL NOT AFFECT MY RIGHT TO A HEARING. Check one: Office of the Regional Counsel in Atlanta, Georgia flight Standards District Office in (See Attached List of fSDO Offices. I Office of the Regional Counsel in (See Attached List of Regional Offices. 

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b. I hereby request a telephonic informal conteren::::e. Please call rr.e a-::: the nuiTlber listed below to make arrangements for the conference_ Telephone number to call for conference I hereby request a hearing in accordance with Subpart G of Part 13 of the FederaJ Jl..viation Regulations (14 C.F.R. 13, Subpart G) with the**understar.din~.** f.hat**~** Complaint will be filed. I request that the hearing be neld 1 n**-~\\\-1:\C** N?\ I am sending this request both to the FAA attorney and to the Hearing Docket, Federal Aviation Administration, 800 Independence .A.venue, SW., Room 924A, Washington, DC, 20591, Attention: Hearing Jccket Clerk.

Attorney/representative:

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