U.S. Department 

of Transportation 

Federal Aviation 

Administration 

FEB 1 4 2014 

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 

RECEIVED 

FEB 2 0 2014 

HEARING DOCKET 

Re: ln the Matter ofRidan Investments, Inc. FAA Case No. 2012S0700133 

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 Atlanta, Georgia area, and 

expects that the hearing will last two days. 

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. 

~~~ CHRISTOPHER R. STEVENSON 

Attorney 

Enclosures 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

RECEIVED 

FEB 2 0 2014 

HEARING DOCKET 

vs. FAA Docket No. Ol0 l ~- \ 0 g~ 

Judge 

Ridan Investments, Inc. 

Respondent. 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

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. 

1. On January 14, 2014, Respondent, Ridan Investments, Inc. was advised through a 

Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 

amount of$55,000. On February 3, 2014, the Agency Attorney received a written request for a 

hearing from the Respondent. 

II. 

2. On or about February 19, 2012, Ridan Investments, Inc. (Ridan) knowingly 

offered to Federal Express a one-piece shipment consisting of a fiberboard box containing 

hazardous materials for transportation by air. 

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 Rohdin Place, Wesley Chapel, FL 33545. 

3. At all times mentioned herein, the above-mentioned shipment was not 

accompanied by a Shipper's Certification or Declaration of Dangerous 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-handling personnel at the Federal Express 

sort facility discovered the above-mentioned shipment leaking. 

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- Off Road 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 of the material is Aerosol, flammable, n.o.s. It 

is in Hazard Class 2.1 (Flammable Gas), and has an assigned identification number of UN 1950. 

The proper label is FLAMMABLE GAS. 

8. Ridan offered the above-described shipment of hazardous material for 

transportation by air without shipping papers that included: 

(a) the assigned identification number prescribed for each hazardous material; 

(b) the proper shipping name prescribed for each hazardous material; 

(c) the hazard class prescribed for each hazardous material; 

(d) the total net mass per package of each hazardous material; and, 

(e) the number and type of packages containing hazardous material. 

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

transportation by air 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) of the HMR; 

(b) prepare the required certifications in duplicate; and, 

(c) add to the certification required in this section the following statement: "I 

declare that all of the applicable air transport requirements have been met." 

10. Ridan offered the above-described shipment of hazardous materials for 

transportation by air when: 
(a) the outer container was not marked with the proper shipping name of each 

hazardous material contained therein; and 

(b) the outer container was not marked with the assigned identification 

number of each hazardous material contained therein. 

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 the hazardous 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 

accordance with the prescribed requirements as set forth in Section 172.704. 

III. 

14. By reason of the above, Ridan violated the following Department of 

Transportation Hazardous Materials Regulations (Title 49 of the Code of Federal 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 authorized by applicable 

requirements of this subchapter, or an exemption, approval, or registration issued under this 

subchapter or under subchapter A of this 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 of the§ 172.101 Table, 

in the manner required by this subpart. 

3. Sections 172.200(a) and 172.202(a)(2) in that Ridan offered a hazardous material 

for transportation and failed to describe the hazardous material on shipping papers including the 

proper shipping name prescribed for the material as shown in Column 2 of the§ 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) in that Ridan offered a hazardous material 

for transportation by aircraft and failed to describe the hazardous material on shipping papers 

showing the total mass per package, 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 of radioactive must be shown by activity. 

6. Sections 172.200(a) and 172.202(a)(7) in.that Ridan offered a hazardous material 

for transportation and failed to describe the hazardous material on shipping papers indicating the 

number and type of packages (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 of the certifications set forth in this part. 

8. Section 172.204(c)(2) in that Ridan offered a hazardous material to an aircraft 

operator for transportation by air and failed to provide two copies of the 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 of the applicable air transport requirements 

have been met." 

10. Section 172.30l(a) in that Ridan offered for transportation a hazardous material in 

a non-bulk packaging and failed to mark the package with the proper shipping name and 

identification number (preceded by "UN" or "N A", 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) of this part with the technical name in parentheses in association with 

the proper shipping name in accordance with the requirements and exceptions specified for 

display of technical descriptions on shipping papers in § 172.203(k) of this part. 

12. Section 172.400(a) in that Ridan offered for transportation a hazardous material in 

one of the packages or containment devices listed in this subpart and failed to label the package 

or containment device with the labels specified for the material in the § 172.101 Table and in this 

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 containing the hazardous 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 emergency response document), in a manner that 

cross-references the description of the hazardous material on the shipping paper with the 

emergency response information contained in the 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 in transportation, including storage incidental to transportation, for use in the event 

of an emergency involving the 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 of a person 

who was either knowledgeable of the 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 involving the hazardous material. 

19. Section 172.604(a)(3) offered a hazardous material for transportation and failed to 

provide a 24-hour emergency response 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 in this 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 of a properly trained and 

knowledgeable hazmat employee. 
22. Section 173 .l(b ), ( 49 C.F .R. § 173.1 (b)), in that Ridan offered hazardous material for 

transportation which was not prepared in accordance with the Hazardous Materials Regulations, 

and it failed to instruct each of its 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), Ridan is subject to a civil penalty not 

lower than $250 ($450 for training-related violations), nor greater than $50,000 ($1 00,000 if 

death, serious illness, severe injury, or substantial property damage results), for each violation of 

the Department of Transportation Hazardous Materials Regulations. 

24. Under the facts and circumstances of this case, a civil penalty of $55,000 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 $55,000 . 

. j ,-a;: 

Respectfully submitted this I'"!~ day of February, 2014. 

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 30 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 2Wl 000 

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 North Parkcenter Drive 

Suite 204 

Santa Ana, CA 92705 

DONNA 

·wGYlMill 

E. STANL 

g.~ Y 

Legal Assistant · 

Office of the Regional Counsel 

FEB 1 4 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 d-ot3- l08a 

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

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. 

4 . I ] I hereby submit _in f orrna t 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. 

RECEIVED 

FEB 2 0 2014 

HEARING DOCKET 

RECE£VED 

r----------1 

I • 

FEB 

'·----

FA:\, R lfii(l\: A L Cl _!l ·~~'-.,L: ... 

SOUTHERN RU.JJON 
a. [ ] 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. 

OR 

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: 

Name: _ L C\\DLQ N ~ , H 12Df~{-... 

.Z~.ddress: <JSa hiD\'~\ ?c:.\H aS\~ U. ~\~04 

b2wA:A 1\\'Q>,, C~ ~1 TDS , "--'-----