10/06/2011 12:30 FAX 2023935U2 FAA OMS 001/022 

U.S. DEPARTMENT OF TRANSPORTA.TION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEOeR-^L AVIATION AOMINISTRATTON . 

CumpliiinanL, 

vs. 

TITAN COATINGS, rMC 

P,i.-bpoi-ideni. 

xf^ . 

KIlARfj^G DOCKET 

FAA Docket No. -

FAA Case No. 2010SO700316 

Judge Not Vet Assigned 

C D 

—H 

1 

MOTION TO DISMISS 

RESPONDENT'S REQUEST FOR A HEARING 

f T-, _ c m 

ComplaiiiiUit. by and ihrough ihe undersigned counsel, pursuant to Scciinn 13.2lS(t")(2)(i) 

uf the Rules of Practice (14 C.F.R. §13.21 S(f;(2)(i)), hereby moves to disinisi Respondent':; 

Request foi' a Hcitring. As grounds for this Motion, CompJainanl states the following: 

I. 

On November 24, 2010, Complainani issued a Notice of Proposed Civil Penally 

(NOVCFi nllcgint; violations of Hazardous Materials Regulations (49 CF.R. §171.11) to 

Respondent.' In response to the NQPCP, the Respondent requesied an Infoniial Conference that 

was held on March 29, 2011. As Ci resuh of the Informal Conference, on or about May 27, 2011 

the Complainant aiicmpicd to resolve the matter wiih an offer of settlement, which was rejected 

by ihe Respondent. As a result, pursuant to 14 C.F.R. ijl3.16{e)(l)(i). Complainant issued its 

A copy of the NOPrr Airiichod as Exihii "1 " 
. DMS 0002/02 ^ 

10/06/2011 12:30 FAX 2024935142 

Final Notice oi' Proposed Civil Penalty (FNOPCP) to Respondent via ceitified mail and regular 

U.S. Mail on .)une 8, 201 i .* The \J.S. Postal Ser^'icc indicates that the certified mail copy of the 

FNOPCP was proccii.sed though its sort facility on Juite 10. 2011. The FNOPCP sent via regular 

mail was not returned. As a result, on .August 18, 2011, the Complainant isstied the Order 

Assessing Civil Penalty."' On September 8, 2011, the Respondent, through counsel issued via 

First Class Mail its Request for a formal hearing.' 

In accordance with 14 CF.R. ^13.16(e>(2)j not laterthan 15 days after leeeipl of ihe final 

notice of proposed civil penalty. Respondent was required to submit the amount of the proposed 

civil penalty or request n hearing. Adding live days to the June S, 201 1 mailing date to account 

ibr deliver>\ Respondent's request for a hcitring should have been submitted no later than June 

]^. 2011. In accordance with 14 C.F.R. §13.21Kh). a presumption of sei^'ice wi|] be made 

where L\ party or person, v-'hr> customarily receives mail, or receives it in the ordinary course of 

busmess, m either a person's residence or the person's principal place of business, acknowledges 

receipt of the document. P.€Spondent's request for a hearing come.s over eighty-seven (87) days 

aftci' die FNOPCP w^is mailed to Respondent at ilt; principal place of business by Certified and 

Heyular Fir^i Class l.'.S mail. Based on the foregoing, and pursuant lo die Rules nf Practice a 

pre.sumption of service ot the FNOP('P is created, and the Respondent's request Ibv hearing 

should be deemed untimely. 

' A-LOjiy uCiUfj FNOPCH i'-. nuacheU a.^ •"UxJiibit Z." 

• .^ c.npy of the Ordei .As'^^eising Civil Penally is altnclicii iS "Kxliihit 3." 

' A copy of Rc-.spondcrii < Kcqutsi for Hearing AfuchcJ as "F.xJiibir 4." 

' .^lihou^h tht Adiiiint.'^T^itor Ija."; held thai the ''mailing aile" prescribed in U C.F.K. §I1V211(c) docs noi extend the 

riinc tor liling i\ icqucfii ['or licjrinc;, it has been used to .iccourii for dclivciy. See In the Matter of Sidal TOITL-.';. FAA 

Dockei Ni). CP9.'iAL0."?n0{Fi;bniaryii, iy9f.). 
- OMS 0003/02 2 

lO/OG/2011 12-30 FAX 2024935142 FA^ 

An untimely request for a hearing will only be excused for good cause. Injthe Matter of 

Ryan fntemational Airlines. FAA Order No. 2000-2 (Fcbruan' 3, 2000); In the Matter of Carl P.. 

Lan£ton, FAA Order ^o. 93-12 (March 25, 1993). \Vhen deciding whether good cause exists 

for untimeliness. the focus should be on the reason that the document was hied late id, at 7. 

Attorney error or inadvertence is generally not good cause, ^ce tn (he Mattcrof Mark Steven 

Diamond. KAA Order No. 95-10 at 3 (May 10, 1995) (counsel's inexperience and unfamiliarity 

with administrative procedure is not good cause); Lant^ton. supra, at 7 (agency attorney's failure 

to return a telephone call from Respondent's counsel does not excuse Respondent's counsel's 

("ailure to file .T timely request for hearing); hi the Matter of Michael John Costello. FAA Order 

No 92-1 at 5 (J.inaap,'9. l'')92) (.niisimcrprciing the Rule? of Ri'actice is not good cause). 

Respondent has pre.scnled no good c^Tuse for its failure lo timely request a hearing. In 

fact Respondent's counsel simply makes a request for hearing acknowledging that the 

nonappealable Order As.'^essing Civil Penally has been issued, but does not give any good cause 

for its hue filing. The FNOPCP rcmailed ^'id certified and rei^ular U.S. Mail lo the 

Respondent's principal place of business on June 8, 2011, contained information regarding the 

15-day lime limitation for fiJint: /T request for hearing. Additionally, Respondent was provided 

with a copy of FAR 13.16 and Subp^irt G of Pan 13, which detail the apphcablc rules, witJi ihe 

NOPC'P Conscqaenrly. Respondent"> unfmiely request should not be excused. $ui In the 

Matter of Ryan Internaiional Airlines. FAA Order No. 2000-2 (February 2, 2000). In this matter 

ihe Respondent'.s request for a hearing comes over eighty-seven (87) days after service of the 

FNOPCP. 
10/06/2011 12:30 FAX 2024935142 FA,^ ^ 0M5 004/02^ 

The Rules of Practice do not require Complainant to show prejudice. In the Matter of 

Larry's F[ving_S€_D'ice, FAA Order No. 9S-4 (March 12. 1998). V/hile it is true that ihe law does 

not favor default judgments, the Rules of Practice do require Respondent to show* good cause, 

wliich it has failed to do. Id, ai M. 

WHEREFORE, Complainant respectfully requests (hat an Order be entered dismissing 

Respondent's request for a hc;uing. 

Respectfully submitted this 16'^ day of September 2011. 

KAS^HTM RICH GEORGE \J 

Atloniey 

Office of the Regional Counsel 
lO/OG/2011 12:30 FAX 2024935142 FAA - 0M5 13005/022 

CERIIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Motion to Dismiss Respondent's Request for 

Hoann^ w.is mailed vi;\ Federal Express to: 

C. Clark Collier, Esq. 

Law Offices of C. Clark Collier, LLC 

300 Royal Tower Drive 

Bimiingham, AL 35209 

and 

Tiian Coatings, Inc. 

Attn: Ruben llanna, President 

2025 Exchange Place 

Bessemer, AL 35022 

and the original and one copy via Federal Evpress to: 

Hearing Docket 

FAA. AGC-430. 

Wilbur W] ighi Building. Suite 2W1000 

SoO Lidependcnce Avenue, SW 

Washington, DC 20591 

'^ELL 

:P 1 6 2011 

Dated 
10/06/2011 12-30 FAX 2024935142 FAA 

© 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southern Region 

Office of the Regional Counsel 

NOV 2 4 2010 

CERTIFIED - RETURN' RECEIPT R£0aE5TFl> 

Sc REGULAR MAIL 

litan Coatings. Inc. 

Attn: President 

2025 Exchange Place 

Bessemer. AL 30522 

•^ DM S [2i00G/022 

FTM 

P. 0. Bo.x 20536 

Atlanta, Georgia 30320 

(4tM) 305-5200 

(404)30552:3 FAX 

20I0SO700316 

NO rrCE OF PROPOSED ClVil- PENALTY 

Based on a rejion of investigation, including the IcUer of David K.. Richie. Secreiary-Trca.'iurcr 

dated July 14. 2010. it appears that: 

1. 0\t or about January 6. 2010. Titan Coatings. Inc. (herinaftet Titan) knowingly 

offered to Federal Express Corporation (FedEx) two shipments consisting of fiberboard boxes 

cont/iining dangerous goods for transportalion by air 

2. At all times meniioned herein, (he above-mentioned .shipments were accompanied 

by Shipper's Certification or Occlaratior. of Dangerous Cioodi; that indicated Titan had availed 

itself of the [CA O Technical Instructions for the Transportation of Dangerous Goods by Air 

(FCAO TI), including .ill United States Variations thereto. 

3. I he above-mentioned shipments, were assigned the following Ftrderal Express air 

waybill numbers: 

a. 8694 4683 0322, offered by Titan, 2025 E.thchange Place, Bessemer, 

Alabama 35022, for aii transporlatinn to the consignee, Cciria, 530 North 2""^ Street, 

Cambridi;e. Ohio 43725. 

h. 8694 4683 0300. offered by Titan, 2025 Exhchange Place, Bessemer. 

Alabama 35022, for air transportation lo (he consignee, Cetria, 530 North 2"** Street, 

Cambridge, Oliio 43725-

4. The Shipper's Certifieaiion or l)i;clLvraiion of Dangerous Goods described the 

shipments a.-; "Paint, 3, UNt263, Ifl." 

5. The Shipper's Certification or Declaration of Dangerous Goods ^as signed by 

Richard Cochurm. 

ri. On or about January 21, 2010, Titan knowingly offered to FedEx a shipment 

consisting of a fiberboard box containing dangerous goods for transportation by air. 

EXHIBrt 
,0B/20 n 12 30 FA. =0^««-^ ' 

FAA 

7 At all times mentioned herein, the above-mentioned shipments were accoinpanied 

by Shipper's Ceilificaiion or Declaration of Dangerous Goods that indicated Titan had availed 

itself i}i the iCAO Technical Instructions for the Transportation o{ Dangerous Good.'; by Air 

(ICA O T1), including all United States Vanations thereto. 

H The shipment described at paragiaph 6, assigned Federal Express air waybill 

number S694 46S3 0285. wa.5 offered by Titixn. 2025 Exchange Place, Be.ssemcr. Alabama 

J5022. for air trajisportation lo the consignee, Roger Park, 1093S Beech Avenue, Foniana. 

California 92337. 

9. The Shipper's Certification or Doclauttion of Ditngerous Cioods described the 

ihipmenis as "Taint. 3,1.1N1263. ID.'' 

10. The Shipper's Certification or Dec!ar?iiion of Dangerous Goods was signed hy 

Richard Cochurm. 

U. On or about February 22, 2010, Titan knowingly offered to FedEx a shipment 

consisting of a fiberboard box containing dangerous goods for traiihiportation by air 

12. At all liineb mentioned herein, the abovc-mcmioned shipments were accompanied 

by Shipper's Certification or Declaration of Dangerous Goods that indicated Titan had availed 

Itself of ihe ICA O Technical Instructions for the Transportation of Dangerous Goods by Air 

(IC"A0 TIK including all Uruied States Variations thereto 

13. The shipment described at paragraph 12, assif^ed Federal Hxpross air waybill 

number 86*^4 4683 0274. wa.s offered by Titan, 2025 ExchaTige Pl.=jce, Bessemer, Alabama 

35022. for air ir.uisportalion to the consignee, Roger Park. li)93i^ Beech ,'\vcnue. Funtana, 

Cahforuia •72337, 

14. The Shipper's Certification or Declaration of Dangerous Goods described the 

shipments as 'Paint. 3, UNI203, lH." 

15. The Shipper's Certification or Declaration of Dangerous Goods wa.-; signed by 

Richard Cochumi 

16. Ihe Shipper's Certification or Declaration of Dangerous Goods referenced above 

al paragraphs 2, 7, and 12 were improperly prepared. 

17. On or about June 18, 2010, a special agem uf the Federal Aviatioti Administration 

attempted to conduct an assessment of Titan. 

18. Upon arrival to conduct the assessment the special agem was denied access to the 

employees; of Titan to cntiduci the inspection. 
- OMS 01008/022 

lO/Oe/2011 12:31 FAX 2024935112 FAA 

IS). By reason of the foregoing, on June 22. 2010, Special Agent sent a letter of 

investigation to Titan requesting copies of training records for all employees involved in the 

preparation and handling of hazardous matrials shipments from the facility, and a copy o f the 

hazardous material.-^ training program curriculum. 

20 On or about July 14, 2010, Titan provided information that company has provided 

hazardous communication training to its employees. 

2 1. fitan (ailed to provide hazardous materials training records that indicate thai its 

employeci; had received function-specific training prior to the above-retercnced hazardous 

miatcnals shipments. 

By reason of ihe above, and in accordance with U.S. Variation I to (he ICAO TI , Titan violated 

Section 171.1 To f the Depa/iment o f Transportation Hazardous Matenals Regulations (49 C.F.R. 

§ 171.11) by offering dangerous goods for iranspoiiarion by air under the ICAO Tl , that was in 

violation of the ICAO TI , as set forth below. 

1. fCA O 1; 1.2; in that Titan ofTered dangcrou.s goods for international civi l 

transport by air when those goods were not properly classified, documented, certificated, 

described, packaged, marked, labelled and in condition foi shipment required by these 

Instructions. 

2. IC.A O 6; I.Ll(a ) and 1,2.1 in (hat fitan. a shipper o f dangerous goods, offered a 

package containing dangerous goods for transportation by air, and failed to establish and 

maintain initial and recurrent dangerous goods training programmes which include general 

familiarization trainmg, function-specific training and safety training 

3. ICA O 6; 1.2.4 in th.ii Titan offered a package containing dangerous goods for 

(ransportatioii by air, and failed to maintain a record o f training which included: a) the 

individuafs name, b) the most recent (raining completion date; c) a description, cop or reference 

to training materials used (o meet the training requirements; d) the name and address o f the 

organization providing the (raining; and e) a copy of the certification issued when the individual 

was trained, which.shows that a (est has been completed satisfactorily. 

In accoidanet with Section 5l23fa) o i Chapter 51. Title 49 of the United States Code of 

Transportation. 49 U.S.C.§ 51 23, Ti(an is hable for a civi l petudty o f not less than $250 (S45() 

for training violations), nor.greater than $50,000 (J100,000 i f death, serious illness, severe 

injury, or substantial propeny damage results), for each violation of the regulations. 

Afler reviewing our investigative file, we propose to assess a civil penalty in the amount of 

S26,000 for these violations. 
c*» - OMS ©009/022 

10/0G/20n 12:31 FAX 2024935U2 FAA 

Enclosed is information on Titan's options in responding to this Notice. The options include 

participating in an informal conference with an FAA attorney, and submission of information to 

the FAA for consideration. Titan must submit, in writing, its choice of ihe alternatives explained 

on the enclosed information form, on or before 30 days after Titan receives this Notice. If Titan 

1'ai\s to subniii its choice *uhin that time, Titan wi\^ have no further nght to participate in ;hc 

int'onnal procedures. 

EDDIE L. THOMAS 

RECTIONAL COUNSEL 

By: mllOU^-^^^^ 

RASH.\W N RICHOEORGE C J 

Attorney 

Office of the Regional Counsel 

Enclosures: Infonnaiion Sheet 

Reply Form 

FAR 13 16 and Subpart G of Part 13 
f hK 

702 493'/>*^^ 

.eiM^V^"^' 

fied 

LV.KI 

U.S. Postal Service-.. 

CERTIFIED MAIL.n RECEIPT 

fftomesffc Jtto/' Or»/y; No truurance Covemge ProviOed} 

For (Mlvory irtlerrriAiian vbil our twpbsiu a) iMW»^.usB$.eomi. 

1 OJif ! C±i\ L 

PS f c m 3900 Augu-.! SQ M Ete Benetse lOf InOTUtlloni 
10/0S/20n 12.31 FAX 2024935142 FAA ^ OMS 2)011/02 2 

O 

(J.S. (department 

of Transportation 

Federal Aviation 

Administration 

Southern Region 

Office of the Regional Counsel 

P.O. Bo. 20636 

Atlanta, Georgia 30320 

(•404) 305-5200 

(401) 305-5223 FAX 

CERTIFIED - RETURN RECHIPT REOUESTED 

& REGULAR MAIL 

20I0SO700316 

Tiiyn Coalings 

Attn: Prci.idcn( 

2025 Exchange Place 

He.si.cmcr. AL 30522 

IINAL NQTIC E OF PkOPOSKD CIVIL PENAL1 V 

On Novemhei .74. 2010. you were advi.sed through a Notice of Proposed Civil Penalty that the 

KA.A proposed to assess a civil penally in the amount of S26.000. 

.After considenng all (he evidence in (his matler. including infonimion submitted ai iht infomial 

conference on -, it appears (hut: 

1. On or aboul Januarv' 6. 2010, Titan Coadngs. Inc. (heiiuaAer Titjn) knowingly 

offered to f'ederiil H>;pre5S Corr'nratiun (f'cdU.x) two shipments consisting of flborhoird boxes 

cniiiMining dangerou.s &;ood<; for trarisportiilion by air. 

2. A( all tunes mentioned herein, the above-mentioned shipments were ;iecompanied by 

Shipper'.'; CuriiHealion or Declaration uf Dangerous Goods (hat indicated Titan had availed itself of 

(he ICA O Technical Instructions for the Transportation of Dangerous Goods by Air {ICAO Tl), 

including: all l imied States VariiUions thereto. 

3 The above-mentioned shipmenis, were assi^ed the following federal E.vpress air 

waybill number.';: 

^^. S(»4 4f>S? 0322, offered by Titan, 2025 Exchaiiue Place. Bessemer, Alabanm 

35022. tor ;ijr transportation to the consignee. Cerrni, 530 North 2"^^ Street, Cambridge, Ohio 

^13725. 

b. 36s>4 4()^3 030O, offered by Tiian, 2025 Exchange Plnce, Bessemer, Alabama 

35022, for air ft^nsporiation to the consignee, Cetria, 530 North 2"'' S(ree(. Canihridt:c, Ohio 

43725. 

4. The Shipper's Ccriification oi Declaration of Dangerous (joud?^ described the 

shipments as^Tiii[it, 3. UN 1263, IK." 

EXHlBflL 
10/0G/20n 12:31 FAX 2024935142 FAA ^ OMS @0l2/022 

.5. The Shipper's Ccrtificaiioii or Declaration of Dangerous Ooods was signed by 

Richard Cochurm 

6. On or <ibou( Januaiy 21 , 2010, Titan knowingly offered to FedE.v ;i shipment 

consistin.t; of a fiberboard box containing dangerous goods for transportation by air. 

7. .At rdl times mentioned herein, the above-mentioned shipments were aecompajiied by 

Shipper's Ceriitkation or Declaration of Dangerous (Joods that indicated Titan had availed iisclfo f 

the IC.A O fecluiiciil Instructions for the Transportation of Dangerous Goods by .'^ir (ICA O II), 

tneluding all United States Vanations thereto. 

B. The shipment described ai paragraph 6, assigned Federal Express air waybill number 

J?694 46S3 02S5, w.^^ offered by Titan, 2025 E.^Lchange Place. Hcssemer, Alabama 35022. for air 

transporialion to the consignee, Roger Park, 1093S I^eech Avenue, Fontana, California 02337. 

'.>. The Shipper's Cenification or Declar3(ioii of Dangerous Goods described the shipments 

as "Paint, 3, LrNl263, 111." 

10 The Shipper's Certification or Declaration of Dangerous (Joods VV,'HS sijm'^d by 

Richard C'*'-hi.irm 

11 On or about Fcbruao' ^^. ^"^'0, Titan knowint:ly offered to FedEx a shipment 

Consisting of a fiberboard box containing dangeious goods for iran.sportation by air. 

12. At jl l limes mentioned herein, ihc abnve-meniioned shipments were accompanied by 

Shipper's Certification or Declaration of Dangerous Goods that indicated Titan had availed itself ol' 

the K.'AO Technical Instructions for the Tr.insponation o f Dangerous Goods by Air (ICA O 'II), 

including all L'nited States Variations thereto 

13. The shipment descnbed ai piiragiaph 12, assigned Federal E.\press air waybill 

number 8694 4683 0274, was offered by Titan, 2025 Exchange Place. Be.^.semcr, Alabama 35022, 

for air transportation to the consignee, Roger Park. 10938 Hecch .Avenue, Fontana, California 

92337. 

14 The Shipper'^ Certification ni Declaration of Dani^erous Gond.s described the 

shipments as "Paint, 3. LrN12C>3, 111." 

15. The Shipper's Certification or Declaration o f Dangerous Goods wa.s signed by 

Richard Cochurm. 

16. The Shippei's Certification or Declaration of Dangerous Gootls referenced above at 

paragraphs 2, 7, and 12 were improperly prepared. 

17. On or about Ume 18, 2010, a special agent of (he Federal Aviatioti Administra(ion 

ailempted to conduct an assessment of Titan. 
r** - QMS 0)013/02 2 

10/0e/201 1 12-31 FAK 2024935U 2 FAP, ^" ^ 

I^. Upon arrival to conduct the assessmciii the special agem was denied access (o Oie 

employees of Titan (o conduct the inspection 

10 By reason of the foregoing, on June 22, 2fno, Special .Agent sent a letter of 

investigation to Titan requesting copies of training records for all employees involved in the 

propiiration and handling of hazardous materials shipnietU-s from the facility, -dx-yi^ a copy of the 

ha;:ai"doui materials training program curriculum. 

20 On or about July 14, 2010, Titan provided information ihat company has provided 

hurardous communication training to its employees. 

2i Tii-.in failed to provide hazardous nialenats training records thai indicate thiii itb' 

employees had received function-specific naming prior to the above-referenced hasardoiri materials 

^htpuKnts. 

By reason of the above, and in accordance with U.S Variaiion 1 lo the ICAO TL I'iian violated 

Section 171.11 of the Department of Transporiation Hazardous Materials Regulations (40 C.F.R. tj 

171,[1) by offering dangerous goods for transportation by air under the ICA O Tl, tl)at \.v:i5 m 

violation of the IC.A<.) TL a^ set fonh below; 

[ IC.AO 1; L2: in that Titan offered dangeroub goods for uitemationa! civil transpori 

by air w-hen ihn.se goods w-cre not properly classified, documented, ee"r(inca(ed, described, p.3ckaged. 

marktjd, labelled and in eoiididon tor shipment required by these Instructions. 

2. IC.AO ti; LLl(a) and 1.2.1 in that Titan, a shipper of dangerous goods, offered a 

piickage containing dangerous goods for transportation by air. and failed to establish and maintain 

initial and recurrent dangerous goods training programmes which include general familiarization 

(raining, fnnetion-.specific iiainniu and safety naming. 

3 ICA O 6; L2.4 in that fitan offered a package containing dangerous goods foj 

ttansportation by air, and failed (o main(ain a recoid of training w'hieh included: a) the individuals 

uame; hi the most recent iraining completion d.^to; c) a description, cop or reference to trymine 

mnieti.^l.-: used to meet the trainmg requirements; d) the name and address cif rlie organiraiiuii 

providing the irainuAg; ind e) :i copy of the certification is::.ued when the individual was trained. 

whiLh shows tlirti y test has been completed Siitisfiietorily. 

After reviewing our nneiiiligative file, we propose (o assess a civil penalty in the amount o( 

526,000 ior ihtjse violations. 

Unless you mail or pcr-ionnlly deliver, in writing, your request for a hearing in thi.s matter, on or 

before fifteen (15) days afler you receive this Final Notice, we will issue an Orilei As.sessing 

(.•i*-'il penally ;md you will have no further right to a hearing. If you do not submit a written 

request for a heanng, you must pay (he proposed civil penally. 
10/06/201 1 12:31 FAX 2024935142 FAA - DMS 0014/022 

Vour request for a hearing must be sent lo (he Federal Aviation Administration. 600 

Independence Avenue SW, Wilbur Wright Building. Suite 2WI0(KJ, Washington. DC 20591, 

•Attention Heanng Docket Clerk, .^00-430 (if delivery is in person or via expedited courier 

service) or Federal .Aviation .Adminisnaiion, 800 Independence .Avenue SW, Wilbur Wright 

Building. Suite 2WI00(>, Wa.<:hingion, DC 20591. Attention. Hearing Docket Clerk, AGC-430 

(if delivery is via U.S. Mail), and a copy must be sent to the undersigned KAA a((omey. Your 

request rnust be dated and signed, in accordance with section 13.10 of the Federal Aviation 

Regulations, sent to you with the Notice of Proposed Civil Penalty (14 C.F.R. §13.16). 

You may pay the proposed penalty by submitting a cenified check or money order payable to the 

•'Federal ,Avi;uion Administralion" lO the under.<;igned. 

FDDIE L. THOMAS 

REGIONAL COl.iNSKI 

/ " 

BY: ^X^^O^l Ho-( 6^^y 

R-ASH.A) 

Aliornev 

R-ASH.A\}'N FUCH GEORGE ^ 

aiorney 

Office of the Regional Counsel 

CERTIFICATE OF SERVJCE 

I hereby comfy that the foregoing Final Notice of Proposed Civil Penalty has been mailed by 

Cenified Mail i Regular .Mail tn. 

Tuan Cyalings 

Attn President 

2025 Excliange Place 

Bessemer, AI.3(.I522 

r'/M. McDOWl 

LcgaT Assistant 

Office olTne Regional Counsel 

WW 0 8 ?P)? 

Dated 
- OMS 1^015/0;^^ 

10/06/201 1 12 31 FAX 2024935112 FAA 

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h(tps://:ools.usps.com/'go/Ti-ackConfirm Action.action 8/18/2011 
lO/OG/2011 12.32 FAX 2024935U 2 FP,i, 

- DMS OlB/02 2 

O 

Southern Region 

Office of the Regional Counsel 

U.S. Department 

of Transportotiori 

Federal Aviation 

Administration 

AOG 1 S 20tl 

CERI'IFLED - RETUR^-J RECEfPT REQUEST£1) 

& REGULAR MAIL 

Titan Coalings 

.Arm: President 

2025 h;xch;inge Place 

Mcs>emcr. Al. 3052:' 

P.O. Box 20636 

Atlanra, Georgia 3032O 

(404) 305-5200 

(404) 305-5223 F M 

20[0SO7t"i03l6 

ORDER ASSESSING CIVIL PEN.ALTV 

On November 24, 2t.)10, you were advjscd ihrough ;i Notice of Proposed Civil Penalty that the 

FAA proposed tu assess a civil penalty in the amount of .?26.0()0-

After consideration of all of the ;ivailable infonnatioti in this matter, it has been determined thai: 

1 On or about January 0. 2010. Titan Coatings, fne (hcrinarter Titan) knowjni^ly 

offered (o Federal Express Corporaiiofi tPedE.x.) tw'o shipfnenis consisting of fiberboard ho.xe.s 

containing d;ingefot;s good^ for irarjsponarion by air. 

2. .'\( all times mentioned herein, the Hbove-rneniioncd shipments were accompanied by 

Shippers ("eniflcaiion or Deelnraiion of Dangerous Goods that indicated Titan had availed itself of 

the IC.AO lechnical Instruction.s for the Trans/'onation of O.tn|jerous Goods by .Air (ICA O 'I'D, 

including all United State.^ Variations thcielo. 

3. The above-mentioned shipments, were assigned (he follow-ing Federal E.xpress air 

waybill riumbers, 

a 8694 40S3 0322, offered by Titan. 2025 E.xchange Place, Rcssemer, Alabama 

35022, for an trunsportation to the consignee, Cetria, 530 North 2"'' Street. Cambndgc, OIuu 

4372!^ 

b. S694 46?3 0300. offered by Titan, 2025 Exchange Place, Bessemer, Alabama 

35t)22. for air transportation to the consignee, Cciria, 530 Nonh 2"'^ Street. Cambridge, Ohio 

43725. 

4. The Shipper's Certification or Declaration of Dangerous Oood.s de.'ictibcd the 

shipments as "Paint..?, UN12{f3, Ul." 

5. The Shipper's Certification or Declaraiinn of Dangerous Goods was signed by 

Richard Cochunn. 

exHiBrt. 
. QMS ' 121017/022 

10/06/201 1 12-32 FAX 2024935U 2 FAA 

6. On or about January 21, 2010. Titan knowingly offered (o FedE.\ a shipment 

consisting oi' ^ HberbOiu-d box containing dangerous goods for transportation by air 

7. .'\t all times mentioned herein, the above-mentioned -shipincnis were accompanied by 

Shipper's Certificaiion or Declaration o f Dangerous Goods that indicated i i(;m had availed itself o f 

the IC.AO Technicrd Instnictions for the Transportation o f Dangerous Goods by Air (ICA O Tl), 

including all I iniu-J Slates Variations thereto. 

S. The shipment described at paragraph 6. assigned Federal E.<press air waybill number 

S694 4653 0285, wa? offered by fitan. 2025 Exchange Place, Bessemer, Alabama 35022. for air 

tran?;puriation to the consignee, Roger Park, 10V3S Beech ,•^vemle. Foncina, California 92337. 

9. The Shipper's Cenification or Declaraiion of Dangerous Goods described the shipments 

as-paint, 3. LrN12o3. IH "' 

10. 'fhe Shipper's Cenificatron or Declaraiion of Dangerous Goods was signed bv 

Richard Coehum\. 

11. On or about Febiuary 22. 2010. Titan knowingly offered (o f-edH.\ a shipmeni 

con.^i.iiing of a fiberhoard box eoniaining danueious goods for trarisponadon by air. 

12 Al all nines mentioned herein, the above-mentioned shipmenzs were accompanied by 

Shipper's t'ertification or Declaration of Dangerous Goods ihat indicated Titan had availed itself ot 

the ICAO lechnical Instructions for the Transponation of Dangerous Goods hy .Air (IC.AO Tl), 

including all L/ni(ed Sfales Varia(ions ihereio. 

13. The sliipmein described at paragraph 12. assigned Federal Exprcs.-; air waybill 

number 86*>4 4683 0274, w^i. offered by Titan, 2025 KA<.hangc Place, Uesseniet, Alabama 35i.'22. 

till Lur iranspotiaiiem to the consignee. Roger Park, [O^-fS^f. Beech .Avenue. Fontana. Californii\ 

92337 

U . The Shipper's Cenification or Declaration of Dangerous Goods described ihe 

.shipments as "Paint. 3, LrNl263. RI." 

15 Ihe Shipper's Ceidlieation or ffeclaration o( Dangerous Goods was signed by 

Richard (."ixhumi. 

16. The Shipper's Cenification or Declaration o f Dangerous Goods referenced above at 

paragraphs 2, 7. and 12 were improperly prepared. 

17. On or about .tune IS, 20iO, a special :\gem of the Federal .Aviation Admini-itration 

atteittpied to conduct an assessment o f Ti(an 

18. Upon itrrival to conduct the assessment the special agent was denied access to the 

employees of Titan to conduct the inspection. 
^ OMS @]01S/022 

10/06/201 1 12-32 FAX 2024935U 2 FAA 

19. By (ca.son of the foregoing, on June 22, 2010, Special Agent seni a Iciter of 

mvcstigation to Titan requesting copies of training records for all employees involved in the 

preparation ;mcl handling nf hazardous materiiil.s shipments from the facility, and a copy of the 

hazardous marerials training program curriculum. 

20. On or about July 14, 2010, Titan provided information thai company has provided 

hazardous commumcriiion training to its employees. 

21 Titan failed to provide ha.^ardous matenals training records that indicate that its 

employees had received function-specific training prior to the above-referenced ha^'.ardous materials 

shipments. 

By reason of (he above, and in accordance with U.S. Variation I to the IC.AO TI, fiiiui violated 

Section I 7|.|] of the Dcpannicnt of Itarisportaiion Ha:^ardous Matenals Regulations (49 C.F.R. § 

[71.1 [) by offering dangerous goods for transportation by air under the ICAO TL that wus in 

vioiaiion of the ICAO TL as set forth below; 

1. ICA O 1: L2: in (hat Titan otTercd dangerous goods for international civil transport 

by an when these goods were not properly ela.-^sified, documented, certificated, dc^ciibed, packaged, 

marked, labelled and in condition tor shipment required by these In.-^tructions. 

2. iCAO 6; i.LHa) jad 1.2.1 in that fitan. a shipper of dangerous goods, ofl'ered a 

package containing dangerous goods for transportation by air, and failed to establish and maintain 

initial and recurrent dangerous goods training programmes which include general familiarisation 

tf-aining. fiinction-specific training and safely training. 

3. IGA O 6; LZ.4 in that litan offered A package containing dangerous goods for 

iransponaiion by air, and failed to manilain a record of training whicli included: a) the individual's 

name; b) the most leecnt trdinmg completion date; c) a description, cop or reference to training 

materials used to meel (he training requirements; d) (he name and addrcs.s of (he organiiialion 

providing the training; and e) a copy of the certification issued when the individual was trained, 

which shows that a tes( has been completed satisfactorily 

NOW THFR£FORr, If IS ORDHR£D. pursuant to Seciion 5123(.V) of Title 49 of (he United 

States Code (1 ransporta(ion) ('49 U S.C ij 5l23(a}). (h3( you be and hereby is assessed ^ civil 

penalty \n the amount of S26.0(.l0. 

"^ovi are hereby ordered to pay, immediately, the assessed arnoum by mailing or dclivenng a 

certified cheek or money order in tlic amoun( of 526,(jOO. payable lo the "Federal Aviation 

Adniinistratioti," to: 

rAA/AMZ-350 

P.O. Box 25770 

Oklahoma City, OK 73125 
10/06/201 1 12.32 FAX 202a935M 2 FAA -OMS ©019/02 2 

Tlic amount of civil penalty assessed in this Order constitute.^ a deb( owed lo Ihe United States. 

\'ou have now exhausted your right to seek review of the validity or amount of this debt. If this 

debt is itQt paid in full within 30 days of your receipt of (his letter, (he debt is considered 

delinquent. For delinquent debts, federal regulation (49 C.F.R. {^89,23} requires ur. to charge 

interest, from (he date of (his (!»rder, ;u a fixed annual rate of 1%, along with an administrative 

charge of Si 2.00 per month, representing our costs of administrative collection. Funhermore, if 

(he full ainouni assessed is not paid iii full wnhin 120 days of your receipt of this letter, w-e are 

required to assess an additional penalty at an armual rate of 6%, accrtting tVoni (he date of 

delinquency Eiclinquenl debts may be reported lo consumer reporting agencies or commercial 

credit bureaus, w-hich could adversely affect your credit rating. Non payniem of this debt may 

ultimately result in a referral to a collection agency, The Litema'i Revenue Service, or to the 

United States Departnieni of Justice for enforced collection. 

EDDIE L. THOMAS 

KFXJIONAL COUNSEL 

,o 

RAS^I^V N RICH GEORGE Q 

Atiovno; 

Office of the Regional Counsel 
lO/OG/2011 12:32 FAX 2024935112 FAA - OMS 020/022 

CERTIFICATE OF SERVICE 

I hereby cemfy that the forcgomg OTdt\ Assessing Civjl Penalty has been mailed by Registered 

Mai l and Regular Mai l to 

Titan Coalings 

A'tn : President 

2(.i25 f-.-.Kehange Place 

Be.ssemer, AL 30522 

.•iJ^Ti^fl/I.^M^jD'OWCLl 

-Ltg^A'^Jtan i 

Office o f the Regional Coun.sel 

AUG 1 8 2011 

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U.S. Postal SGrviceT-1 

CERTIFIED MAILrn RECEIPT 

(Domestic Mall Only; No Insurance Covtroq* Provided) 

For delivarv informalion VIGII our wabsila al www.usps.comi) 

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PS Foim aeao. Augu^i ^EHG S » HSver^ f for Inslruclion l 
10/08/201 1 12:32 FAX 2024935142 FAA ^ OMS ^021/ 0 

LAW OFFICES OF 

C-CI.ARK COLLIER, LLC 

300 ROYAL TOWFR ORJVt 

BIRMINGHAM, Al 35209 

205 87-M9I2 fax 205 874-|0|5 

ccc'i'i'cccliieriaw.ccm 

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Sepiember8, 201 I ^ CCD , -. • 

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Attention; Hearing Docket Clerk, AGC-43 0 -' • I- ""-. 

Wilbur Wright Building-Room 2014 '" ' "" ' 

Federal Aviation Admini.-^tration 

800 Independence Avenue SW 

W^^shington. DC 20591 

R£: ORDER ASSESSING CIVIL riiNALTY 

TITAN COATINGS 

Dear sir or madam: 

Our firm represents I itan (,!o<i(ings whose principal addre.'^s is loea(ed in Birmingham, Alabama. 

In that connection, we have been asked to assist them in hiindling the Order Assessing Civil Penally 

dated Augu.si 18, 201 I from the Federal Aviation Administration, U. S. Department of 

Transportation, Southern Region, Office of Regional Counsel. 

Titan continues to believe that the documents put foith combined with the information convoyed at 

an informal telephonic hearing indicate that the proposed civil penalty of $26,0(»0 is unreasonable 

and excessive under the circumstances. The penalty lias presumably been assessed based solely upon 

an alleged failure lo document training of fitan personnel and not through any improper shippiut 

mcdiod.<; or improperly prepared documentation. 

Based upon this assertion. Titan requests a hearing date If fiiriher action on our part is required, 

please iidvise. 

C. Olark Collier 

CC/ao 

cc: Mr. Rd.shawn R. George 

OOOr)l758 eCHlBlt. 1 
C. Clark Collier, LLC 

300 Royal ToNver Drive 

Birminyham, AL 3520 ? 

r..Li--.(''V 1 v.'vi„.,r,-f.i>,i\i ^.\_ ^^S'j'.r. 

i.~-f.: r.-

-n 

Mr. Rashawn R. Oeorgc 

Office of (he Regiotia! Counsel 

Federal Aviation .AdminisinTtion 

P.O. Bo.x 20636 

Allanla, GA 30320 

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