December 22, 2014

Federal Aviation Administration Attention: Hearing Docket Clerk, AGC- 430 Wilbur Wright Building- Suite 2W1000 800 Independence Avenue SW Washington, DC 20591

RE: Case No.: REQUEST FOR A HEARING 2014NM720027

Ladies and gentlemen: 

# RECEIVED DEC 30 2014 

## HEARING DOCKET

We are making a request for a hearing regarding Case No. 2014NM720027. A copy ofthis letter request will also be provided to Mr. David FShayne, FAA Attorney. If I can answer any question, I can be reached at 503/678-1216.

Regards,

On behalf of Shane Kennedy, President+ CEO Earth Science ProductsU.S. Department of Transportation Federal Aviation Administration



### December 17, 2014 Northwest Mountain Region Office of Regional Counsel Colorado, Idaho, Montana, Oregon, Utah, Washington, Wyoming 1601 Lind Avenue S.W. Renton, Washington 9B057 Tel: (425) 227-2165 Fax: (425) 227-1007 david.f.shayne@laa.gov 

### Case No. 2014NM720027 

### VIAFIRST-CLASS AND CERTIFIED MAIL- 

### RETURN RECEIPT REQUESTED President Earth ScienceProducts Corp 23735 NE Airport Rd Aurora, OR 97002 

### FINAL NOTICE OF PROPOSED CIVIL PENALTY On June 27, 2014, Earth Science Products Corp (ESPC) was advised through aNotice of Proposed Civil Penalty (Notice) that the Federal Aviation Administration (FAA) proposed to assess a civil penalty inthe amount of$4,000. 1. 

### ESPC is a business entity that uses orhandles hazardous materials (HAZMAT) in the course ofbusiness as well as offers, accepts, or transports HAZMAT. 2. On or about December 26, 2013, ESPC offered one (1) shipment for transport in a!f commerce. 3. This shipment was to betransported by use ofFederal Express Airlines (FDEA) TrackingNumber 864997034237 for 

### airtransportation. 4. On or aboutDecember 30, 2013, during sorting operations, a FDEA employee discovered that the shipment with Tracking Number 864997034237 was leaking. 5. Uponreview ofthe contents ofthe package by FDEA, it was discovered that one (1) package out ofa four-package shipment. contained one (l) 

### plastic container with a corrosive substance which had leaked. 6. This substance is classified as HAZMAT under the Department ofTransportation 

### Hazardous Materials Regulations (49 Code ofFederalRegulations (CF.R.), Parts !7! et.**~.).** 

### 7. The proper shipping name and description for this substance is "UN!760, Corrosive Liquid n.o.s.; Class 8, Packing Group (pG) Ill." 

# RECEIVE DEC 302014 

## HEARING DOCf\cEarth ScienceProducts Corp.

- 2014NM720027 December 17, 2014 Page 2 o£3 Byreason ofthe foregoing circumstances, it appears that ESPCviolated the following sections ofDepartment ofTransportation HazardousMaterials Regulations (49 C.F.R.):

a. Section 171.2(e), in that it offered HAZlVlAT tobe shipped in air commerce which were not properly classed, described, packaged, marked, labeled, orin a condition for shipment requiredby the Hazardous Material Regulations (49 C.F.R., Part 171, et. seq.); b. Section 173.1(b), in that itimproperly prepared the packing of, and offered, a shipment ofHAZMAT for shipment by air;

c. Section 173.24(b)(l), inthat it failed to packagetheHAZMAT suchthatthere would be no identifiable release ofHAZMAT to the environment; and d. Section 173 .27(d), in that it packaged and offered a shipment for transportation by aircraft where the closure was not held securely, tightly, and effectively in place by positive means. Under Section 5123(a) ofTitle 49 ofthe United States Code (U.S.C.) (Transportation) [49 U.S.C. Section 5123(a)], ESPC is liable for a civil penalty not to exceed $55,000 for each violation ofthe Department ofTransportation Hazardous Materials Regulations. We propose to assess a civil penalty in the amount of$4,000. Unless ESPC mails or personally delivers, in writing, its request for a hearing in this matter, on orbefore fifteen (15) days after you receive this Final Notice ofProposed Civil Penalty (FinalNotice), wewill issue an Order Assessing Civil Penalty and ESPC will have no further right to a hearing. Ifyou do not submit a written request for a hearing, you must pay the proposed civil penalty. Arequest for a hearing must be sent to: Federal Aviation Administration Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 800 Independence Avenue SW Washington, DC 20591 A copy must also be sent to the undersigned FAA attorney at the following address: Federal Aviation Administration Office ofRegional Counsel- ANM-7 Northwest MountainRegionEarth Science Products Corp.- 2014NM720027 December 17, 2014 Page 3 of3 1601 Lind Avenue, SW Renton, WA 98057 ESPC's request must be dated and signed, in accordance with Section 13.16 ofthe Federal Aviation Regulations, sent to you with the Notice (14 C.P.R. Section 13.16). ESPC may pay the proposed penalty by submitting a certified check or money order payable to the "Federal Aviation Administration," tothe Office ofRegional Counsel, Northwest MountainRegion, 1601 Lind Avenue SW., Renton, Washington 98057. In the alternative, ESPC may pay its civil penalty with a credit card, debit card, orbank account debit using the Internet. To pay electronically, visit the web site at http://www.pay.gov. Under the SearchPublic Forms optiontype in "FNM-FINEI." Click on "FAACivil Penalty Payments," click on "Northwest Mountain Region," whichwillbring you to the "FAA Civil PenaltyPaymentsNorthwest MountainRegion" page. ESPC must complete therequested information and click "submit" to payby credit card or debit card. To use thebank account debit ESPC will need its bank routing number, account number, and check number. Ifyou have any questions regarding this Final Notice, please contactFAAAttorney David Shayne attelephone number (425) 227-2165. DWIGHT S. WILLIAMS Regional Counsel**;~** 

### BY: ,, DavllrE:_shayne FAAAttorney DFS/tek