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& 

U.S. Department Southern Region P.O. Box 20636 

of Transportation Office of the Regional Counsel Atlanta, Georgia 30320 

Federal Aviation (404) 305-52QO 

Administration (404)305-5223 FAX 

JUL 3 0 2010 

CERTIFIED - RETURN RECEIPT REQUESTED 

Hearing Docket Clerk f- •-^,•".-^ >-v,, 

FAA, AGC-430, Suite 2W1000 "' '--:>- . 

Wilbur Wright Building [ r^,'^ k] .„ ' 

800 Independence Avenue, SW 

Washington, DC 20591 

^ 

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Re: In the Matter of Milan Institute of Cosmetology 

FAACaseNo.2010SO700l0l C PlDS O ^^^"^^ / ofO^O^O^^' / 

Enclosed herewith please find a copy of a request for hearing aiid 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, GA area, and expects that 

the hearing will last one day. 

Please address all communications for the FAA to the undersigned. 

Sincerely, 

•fMfZAy 

ANDREA MICHELLE HABOPER 

Attorney 

Office of the Regional CoiJhsel 

Enclosures 

—^ 

c::> 
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U.S, DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Milan Institute of Cosmetology 

Respondent. 

FAA Docket No. 

Judge 

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 CF.R. 13.208), and states a.s follows: 

I. 

On July 12, 2010, Respondent, Milan Institute of Cosmetology was advised through a Final 

Notice of Proposed Civil Penally that the FAA proposed to asses.s a civil penalty in the amount 

of $49,200. On .Tuly 26, 2010, the Agency Attorney received a vvrittcn request for a hearing from 

the Respondent. 

11. 

1. On or about January 14, 2010, Milan Institute of Cosmetology ("MIC") 

knowingly offered to United Parcel Service ("UPS") a non-specification 

fiberboard box ("shipment") containing hazardous materials for transportation by 

air. 

2. The shipment, assigned UPS tracking number IZ 22X 042 01 9247 1061, was 

offered for Next Day Air Service. 

3. At all times mentioned herein, the shipment was not accompanied by a Shipper's 

Certification or Declaration of Dangerous Goods. 

4. On or about January 15, 2010, ground-handling personnel at the UPS sort facility 

in Louisville, Kentucky discovered the shipment leaking. 
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5. The fiberboard box described in paragraph 1 contained twelve (12) 4.2-ounce 

plastic bottles of Rusk Shining. 

6. Further investigation showed that one bottle leaked approximately 1-ounce from a 

loose lid into and through the fiberboard box. 

7- A "Consumer Commodity, ORM-D" marking on two sides of the fiberboard box 

described in paragraph 1 had been partially marked out. 

8. Rusk Shining is classified as a hazardous material under the Department of 

Transportation Hazardous Materials Regulations (HMR) (49 CF.R. § 172.101). 

9. The proper shipping name of Rusk Shining is Alcohols, n.o.s. It is in Haiiard Class 

3, Packing Group II, and has an assigned identification number of UNI987. The 

proper label is FLAMMABLE LIQUID. 

10. MIC offered the shipment of hazardous material for transportation by air without 

shipping papers that included; 

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

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

(c) the hazard class prescribed for each material; 

(d) the packing group prescribed for each material; 

(e) the total net mass per package; and 

(f) the number and type of packages. 

11- MIC offered the shipment of hazardous material for transportation by air and 

failed to: 

(a) certify that the materials were in accordance with the HMR (49 CF.R. §§ 

171, ei seq.) by printing the certificafion set forth in § 172.204(a) or § 

172.204(c)(1) of the HMR; 

(b) prepare the required certifications in duplicate; and 

(c) add the following statement to the certification: 

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

12. MIC offered the shipment of ha2ardous materials for transportation by air and 

failed to: 
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(a) mark the outer container with the proper shipping name of each hazardous 

material contained therein; 

(b) mark the outer container with the assigned identification number of each 

hazardous material contained therein; 

(c) mark the outer container with standard orientation markings; and 

(d) affix a FLAMMABLE LIQUID label to the outer container. 

13. MIC offered the shipment of hazardous materials for transportation by air and 

failed to provide emergency response information. 

14. MIC offered the shipment of hazardous materials Ibr transportation by air and 

failed to provide an emergency response telephone number. 

15. MIC offered the shipment of hazardous materials for transportation by air and 

failed to package it so there would be no identifiable release of hazardous material 

to the environment. 

16. MIC offered the shipment of hazardous materials for transportation by air and 

failed to use an authorized packaging for its transportation. 

III. 

17. By reason of the above, MIC violated the following Department of Transportation 

Hazardous Materials Regulations (Title 49 of the Code of Federal Regulations): 

(a) Section 171,2(e) in that MIC offered a hazardoiLS material for 

transportation in commerce when the hazardous material was no( properly 

classed, described, packaged, marked, labeled, and in condition for 

shipment. 

(b) Sections 172.200(a) and 172.202(a)(1) in that MIC offered a hazardous 

material for transportation and failed to describe the hazardous material on 

the shipping papers, including the identification number prescribed for the 

material as shown in Column 4 of the § 172.101 Table, in the manner 

required by this subpart. 

(c) Sections 172.200(a) and 172.202(a)(2) in that MIC offered a hazardous 

material for transportation and failed to describe the hazardous material on 

the shipping papers, including the proper shipping name prescribed for the 

material in Column 2 of the §172.101 Table, in the manner required by 

this subpart. 
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(d) Sections 172.200(a) and 172.202(a)(3) in that MIC offered a hazardous 

material for transportation and failed to describe the hazardous ffiatcrial on 

the shipping papers, including the hazard class or division prescribed for 

the material as shown in Column 3 of the § 172.101 Table, in tlie manner 

required by this subpart. 

(e) Sections 172.200(a) and 172.202(a)(4) in that MIC offered a hazardous 

material for transportation and failed to describe the hazardous material on 

the shipping papers, including the packing group, in Roman numerals, 

prescribed for the material in Column 5 of the § 172.101 Table, if any, of 

the material covered by the description, in the manner required by this 

subpart. 

(i) Sections 172.200(a) and 172.202(a)(6) in thai MIC offered a hazardous 

material for transportation and failed to describe the hazardous material on 

the shipping papers, including the total net mass, per package, in the 

manner required by this subpart. 

(g) Sections 172.200(a) and 172.202(a)(7) in that MIC offered a hazardous 

material for transportation and failed to describe the hazardous material on 

the shipping papers, including the number and type of packages (indicated 

by description of the package). 

(h) Section 172.204(a) or (c)(1) in that MIC offered a hazardous material for 

transportation and failed to certify that the material was ofTtered for 

transportation in accordance with this subchapter by printing on the 

shipping paper containing the required shipping description one of the 

certifications set ibrih in this part. 

(i) Section 172.204(c)(2) in that MIC 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. 

G) Section 172.204(c)(3) in that MIC 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 tlie applicable air transport requirements have been 

met." 

(k) Section 172.301(a) in that MIC offered for transportation a hazardous 

material in a non-bulk packaging and failed lo 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. 
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(1) Sections 172.300(a) and 172.312(a)(2) in that MIC offered a non-bulk 

combination package having inner packagings containing liquid hazardous 

materials for transportation and failed to legibly mark the package with 

standard orientation markings, on two opposite vertical sides of the 

package with the arrows pointing in the correct upright direction. 

(m) Section 172.400(a) in that MIC 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. 

(n) Sections 172.600 and 172.602(b)(3) in that MIC 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 by §§172.202 and 172.203(k), the 

ICAO Technical Instructions, the IMDG Code, or the TDG Regulations, 

as appropriate, 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 pilot-incommand, or a dangerous cargo manifest, in a separate document (e.g., an 

emergency response guidance document), in a manner that crossreferences the description of the hazardous material on the shipping paper 

with the emergency re.';ponsc information contained in the document. 

(o) Section 172.604(a)(3) in that MIC offered a hazardous material for 

transportation and failed to provide a 24-hour emergency response 

telephone number which was entered on a shipping paper (i) immediately 

following the description of the hazardous material; or (ii) in a clearly 

visible location. 

(p) Section 173.24(b)(1) in that MIC failed to use a package which was 

designed, constructed, maintained, filled, its contents so limited, and 

closed, so that under conditions normally incident to transportation, there 

would be no identifiable release of hazardous material to the environment. 

(q) Section 173.203 in that MIC offered for transportation a package 

containing liquid hazardous material in Packing Group II when 5172.101 

of this subchapter specified that it be packaged under this section and 

failed to use non-bulk packagings prescribed in this section conforming to 

the general packaging requirements of subpart B of pari 173, to the 

requirements of part 178 of this subchapter at the Packing Group I, 11 or 

III performance level (unless otherwise excepted), and to the requirements 

of the special provisions of Column 7 of the §172.101 Table. 
r A A -^ nM<; 01007/008 

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18. Pursuant to 49 U.S.C Section 5123(a), MIC 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. 

19. Under the facts and circumstances of this case, a civil penalty of $49,200 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 $49,200. 

Respectfully submitted this 7yP day of July, 2010 

•u 

AI^D/E A MICHELLE 

Attorney 

Office of the Regional Co 

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. 
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CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Ce;rtified 

Mail, Retum Receipt Requested, to the following: 

Hearing Docket Clerk (original H 1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Stephen T. Chema II, Esq. 

Peter S. Leyton, Esq. 

RITZERT & LEYTON 

11350 Random Hills Road, Suite 400 

Fairfax, VA 22030 

Gary Yasuda 

Milan Institute of Beauty 

1720 W. Walnut Avenue 

Visalia. CA 93277 

GERALD A. J^NINCffS 

Program Analyst 

Office of the Regional Counsel 

^ j"l 3 0 im 

Dated