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 3 0 2014 

HEARING DOCKET 

We are making a request for a hearing regarding Case No. 2014NM720027. 

A copy of this letter request will also be provided to Mr. David F Shayne, 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 Products 
U.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 

VIA FIRST -CLASS AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

President 

Earth Science Products 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 a Notice of 

Proposed Civil Penalty (Notice) that the Federal Aviation Administration (FAA) proposed to 

assess a civil penalty in the amount of$4,000. 

1. ESPC is a business entity that uses or handles hazardous materials (HAZMAT) in 

the course of business 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 be transported by use of Federal Express Airlines (FDEA) 

Tracking Number 864997034237 for air transportation. 

4. On or about December 30, 2013, during sorting operations, a FDEA employee 

discovered that the shipment with Tracking Number 864997034237 was leaking. 

5. Upon review ofthe contents of the package by FDEA, it was discovered that one 

( 1) package out of a 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 of Transportation 

Hazardous Materials Regulations (49 Code ofFederal Regulations (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 3 0 2014 

HEARING DOCf\c 
Earth Science Products Corp. - 2014NM720027 

December 17, 2014 

Page 2 o£3 

By reason of the foregoing circumstances, it appears that ESPC violated the following 

sections of Department of Transportation Hazardous Materials Regulations (49 C.F.R.): 

a. Section 171.2(e), in that it offered HAZlVlAT to be shipped in air commerce which 

were not properly classed, described, packaged, marked, labeled, or in a condition 

for shipment required by the Hazardous Material Regulations (49 C.F.R., Part 171, 

et. seq.); 

b. Section 173.1(b), in that it improperly prepared the packing of, and offered, a 

shipment ofHAZMAT for shipment by air; 

c. Section 173.24(b)(l), in that it failed to package the HAZMAT such that there 

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) of Title 49 of the 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 of the Department of Transportation 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 or before fifteen (15) days after you receive this Final Notice of Proposed Civil Penalty 

(Final Notice), we will issue an Order Assessing Civil Penalty and ESPC will have no further 

right to a hearing. If you do not submit a written request for a hearing, you must pay the 

proposed civil penalty. 

A request 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 of Regional Counsel- ANM-7 

Northwest Mountain Region 
Earth 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 of the 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," to the Office of Regional Counsel, Northwest 

Mountain Region, 1601 Lind Avenue SW., Renton, Washington 98057. 

In the alternative, ESPC may pay its civil penalty with a credit card, debit card, or bank account 

debit using the Internet. To pay electronically, visit the web site at http://www.pay.gov. Under the 

Search Public Forms option type in "FNM-FINEI." Click on "FAA Civil Penalty Payments," click 

on "Northwest Mountain Region," which will bring you to the "FAA Civil Penalty PaymentsNorthwest Mountain Region" page. ESPC must complete the requested information and click 

"submit" to pay by credit card or debit card. To use the bank account debit ESPC will need its 

bank routing number, account number, and check number. 

If you have any questions regarding this Final Notice, please contact FAA Attorney David Shayne 

at telephone number (425) 227-2165. 

DWIGHT S. WILLIAMS 

Regional Counsel 

;~ 

BY: ,, 

DavllrE:_shayne 

FAA Attorney 

DFS/tek