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RECEIVEt 

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HEARING DOCKET 

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12/06/2011 15:03 FAX 2024935142 FAA - QMS @i001/006 

O 

U. S. Department 

of Transpcrtation 

Federal Aviation 

Adininistration 

Alaskan Region 

Office of the Regional Counsel 

222 W. 7m Avenue *14 

Anchorage. Alaska 9S5J3 

Phpre: (907) 271-5269 

Fai: (907} 271-2800 

•Ov 2 9 

CEKTIFIED MAIL—KETURN RECEIPT REQUFSTED 

Federal Aviaiion Administraiion 

(iOO Independence Avenue, SW 

WashingTon, DC 20591 

AITN: Hearing Docker Clerk. AGC-430 

Wilbur Wright Building—Room 2014 

Re: In (he Marter of Ice Cold. Inc. 

Case No. 2011NM730026 

RECEIVED 

UB.^°^C- 6 20tt 

^^f^ING DOCKET 

^oii - i M 

Dear Sir or Madam: 

We have received notification that Ice Cold, Inc. requested a hearing in the abovc-refcrcnced case. 

Enclosed arc the original ^nd one copy of th^; Complaint in the ahove-referenced proceeding a.s required 

hy § 13.208(a) ofthe Rule?; of Practice in FAA Civil Penally Actions, 14 C.f.R. Pait 13. SubpariG. By 

copy ot this Icner, the Complaint is being served on Respondent as required by § 13.208(6), 

The FAA requests that the hearing in this maucr be held in .Anchorage. .Ma.ska, and expects that the 

hearing will last one day. 

Please address all communications for the FAA to Howard I.. Martin, Jr., Regional Counsel, Federal 

Aviniion Adniini.srralit>n, Office of the RogionaJ Counsel, AAL-7. 222 Wesi 7di Avenue, Box 14. 

Anchorage, Alaska 99513-758?. 

1 lOW'ARD L. MARTIN, .TR. 

Regional Counsel 

By: 

Glenn W. Brown 

•Senior Auorney 

Enclosures 

cc: Ice Cold. Inc. (Mr. .lim Wolgemuili) 

(>i[h copy (if FAR 13.16 and Subpart G of Pari 13) 
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RECErVED 

U.S. DEPARTMENT OF TRANSPORTATIOH ^ ^ * 6 2 ^ 

FEDERAL AV7ATT0N ADMINISTRATION nEAR//^ Q nOPirC^ r 

In the Maner of: I 

I FAA Docket Mo. Uiiassigncd 

Ice Cold Inc. 

.Tudge Not 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 

On March 31, 201 f Respondent was advised through a Notice of Proposed Civil Penalty 

that the FAA proposed to assess a civil penalty' in the amoum of $1,000. On October 3f 

2011, a Final Notice of Proposed Civil Penalty in the amount of $1,000 was issued. On 

November 22. 2011, Re.'>pondent submitted a written request for a hearing 

II. 

1. On or about October I, 2010. and on or about November 24, 2010, Respondent used an 

employee to knowingly offer to Alaska .-Mriines shipments for transportalitin by air aboard a 

passengor aircraft from Anchorage, Alaska, to Banow, .Alaska. 
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2. The above shipment on November 24. 2010, is described on Alaska Airlines Air Waybill 

027-831-6940 a.s "X-mas stuiT." The block indicating the shipment does not contain 

dangerous goods is initialed. 

?>. The shipment referenced in paragraph 2 contained a Pop Beauty Get Together color set. 

4. A Pop Beauty Gel Together color set is classified as a hazardous material under § 172.101 

of the United States Department of Transportation Hazardous Materials Regulation.s (HMR), 

49 C.F.R. Chapter f Subchapter C (Parts 171-80). Its proper shipping name is "tlanimablc 

liquid, n.o.s." It is in hazard clas:j 3 and packing group 111, and has an assigned identification 

number of UN1933. 

5. fhe offering of a shipment containing ha7.ardous materials as described above is a 

function that directly affects hazardous materials transportation safety. At the time ol the 

events described above, therefore, the employee that offered the above shipments was a 

hazmat employee under the HMR. 

6. .-^t the time of the events described above. Respondent has failed to ensure that the above 

employee had reot-it'ed the training specified m .Subpart H of part 172 oi the- HMR within the 

preceding three years. 
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7. At the time of the above events, Respondent did not have a record of current training for 

each of its hazmat employees that contained the information specified in Section 172.704(d) 

of the HMR. 

in. 

1. By reason of the foregoing facts and circumstances. Respondent violated the following 

Department of Transportation Hazardous Materials Regulations: 

(a) Section 172.702(a) in that Respondent failed to ensure that each of its 

hazmat employees was trained in accordance with the requirements prescribed in 

Subpart H of Part 172 of the FIMR. 

(b) Section 172.704(d) in that Respondent failed to maintain a record of 

current training for each of its hazmat employees that contained the information 

specified in tliis section. 

fV. 

1. Under 49 U.S.C. § 5123(a)(1) and 14 C.f.R. § 13.305(d). Respondent is liable for a civil 

penalty of at least S250 ($450 for Training violations) but not more than 550,000 (or 

$100,000 for violations resulting in death, serious illne.ss, or severe injury to any person, or 

substantial destruction of property), for each violation of the HMR. 
12/06/201 1 15 04 FAX 2024935142 FAA - DMS 0005/00 6 

2. Under the facts and circumstances of this case, a civil penaUy of $1,000 is appropriate. 

WHERthORE, 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 $f 000. 

RESPECTFULLY SUBMITTED this^^ day of /ihv^^JU^^O l ( . 

HOWARD L. MARTIN, JR. 

Regional Counsel 

By; & . _ 

Glenn H. Brown 

Senior Attorney 

Answer 

Section 13.209(a) of the Rules of Practice in FAA'Civil Penalty Proceedings states, ''A 

respondent shall fUe a written ariswerto the complaint, or may file'a written motion pursuant to 

§ 13.208(d) or § l3.218(f)CU4) instead of filuig an answer, not later than 30 days after service of 

the complaint.'' 

Section 13.209(f) states, VA person's failure to fiJe^an ans>yier wiihout'-good cause shall be 

deemed an admission ofilic trutJiiOf each allegation cociiiairied in ihe,'d'6Jiiplaint,'' 
12/06/201 1 15.0 4 FAX 202493514 2 ' FAA - Df.lS @)006/00 6 

CERTIFICATE OF SERVICE 

Re: Ice Cold, Inc. 

Case No. 2011NM730026 

FAA Docket Nu. To Be Assigned 

I 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 follows: 

Jim Wolgemuth- President 

Ice Cold, Inc. 

2020 Belmont 

Anchorage, A K 99517 

I funher certify that on this date I have served the original of the foregoing lencr and the original 

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

requested, addressed i\s follows; 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington. DC 20591 

ATTK: Hearing Docket Clerk. AGC-430 

Wilbur W^right Building—Suite 2W1000 

Office of the Regional Counse 

222 West 7th .Avenue #14 

Anchorage, Alaska 99513-7587 

C Date ^