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U.S. DEPARTMENT OF TRANSPORTATION HEARIN G DOCKF T 

FEDERAL AVIATION ADMINISTRATION ^ ^ 

In the Matter of: 

High Purity Resources, Inc. 

Respondent 

FAA Docket Not Assigned 

FAA Case No.2010SW700275 

Mil- O^'il 

Judge Not Assigned >' 

C,T — -",1 

COMPLAINT 

The Federal Aviation Administration {"FAA") files its 

complaint under Rule 208 of the Rules of Practice in FAA. 

Civil Penalty Actions, 14 C.F.R. § 13.208 and states the 

following: 

I, 

By Notice of Proposed Civil Penalty dated, February 

15, 2 011 and by Final Notice of Proposed Civil Penalty 

dated April 20, 2011 High Purity Resources, Inc. was 

advised that the FAA proposed to assess a civil penalty in 

the amount of $3,300.00. 

1. On or about June 11, 2010 High Purity Resources, Inc. 

(High Purity Resources) knowingly offered to FedEx 

Corporation a shipment consisting of a fiberboard box 

containing hazardous materials for transportation by 

air. 

2. The above shipment was assigned Airway Bill No. 

872624872326. The shipment was offered by High Purity 

Resources for transportation to the consignee, RollsRoyce Corporation, 2 3 55 South Tibbs Avenue, 

Indianapolis, IN 43241. 

3. The above mentioned shipment consisted of a selfheating solid, inorganic, n.o.s. (nickel mixture). 
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4. The proper shipping name of the material is Selfheating solid, inorganic, n.o.s.. it is in Hazard 

Class 4.2 (Spontaneously combustible material), 

Packing Group II, and has an assigned identification 

number of UN3190. The proper label is SPONTANEOUSLY 

COMBUSTIBLE. 

5. High Purity Resources offered the above-described 

shipment of hazardous material for transportation by 

air and failed to provide an emergency response 

telephone number of the person offering the hazardous 

material for transportation or the number of an agency 

or organization accepting responsibility for providing 

detailed information concerning the hazardous 

material. 

6. High Purity Resources provided the number of ChemTel 

Inc. as an emergency response telephone number when 

that organization had not accepted responsibility for 

providing information concerning hazardous materials 

for High Purity Resources. 

7 , On or about November 9, 2010 and November 18, 2010 

High Purity Resources received requests from officials 

of the Federal Aviation Administration's Southwest 

Region Hazardous Materials Office for inspection of 

shipping papers prepared in connection with the 

shipment of hazardous materials. High Purity 

Resources failed to make the shipping papers available 

as requested, 

8. At the time High Purity Resources offered the abovedescribed shipment of hazardous material for 

transportation by air, it failed to ensure that its 

hazmat employee who prepared the shipment was trained 

in accordance with the prescribed requirements of 

Section 172.704. 

II. 

30. By reason of the above. High Purity Resources violated 

the following Department of Transportation Hazardous 

Materials Regulations (Title 4 9 of the Code of Federal 

Regulations): 

a. Section 171.2(e) [49 C.F.R. § 171.2(e)] in that it 

offered hazardous material for transportation in 
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commerce by air when the material was not properly 

classed, described, packaged, marked, labeled, and 

in condition for shipment as required by the 

Hazardous Materials Regulations. 

b. Section 172.201(e) [49 C.F.R. § 172.201(e)] in that 

it provided a shipping paper required by Section 

172.200 of the HMR for the shipment of a hazardous 

material and failed to make a copy available for 

inspection when requested by an authorized official 

of a Federal agency. 

C. Section 172.604(b) [49 C.F.R. § 172.604(b)] in that 

it offered a shipment of hazardous material for 

transportation and failed to provide an emergency 

response telephone number of the person offering the 

hazardous material for transportation or the number 

of an agency or organization capable of, and 

accepting responsibility for, providing detailed 

information concerning the hazardous material. 

d. Section 172.702(a) [49 C.F.R. § 172.702(a)] in that 

it offered a hazardous material for transportation 

by air and failed to ensure that each of its hazmat 

employees was trained in accordance with the 

requirements prescribed in this subpart. 

III. 

Pursuant to the Federal hazardous material transportation 

law, and 107.329 of the Hazardous Materials Transportation 

Regulations [49 u.s.c. § 5123 (a)(1) and 49 u.S.C. § 

107.329] High Purity Resources is liable for a civil 

penalty not to exceed $50,000.00 for each violation 

alleged. 

Under the facts and circumstances of this case, a civil 

penalty of $3,300.00 is appropriate. 
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WHEREFORE, the Regional Counsel for 

Administration, Southwest Region, 

that the Administrative Law Judge 

Purity Resources be assessed a ci|vi 

of $3,300.00. 

Respectfully, submitted this 4** day of May 2011 

DAVID L. DONNELL 

Acting Regional Counsel 

Southwest Region 

the Federal Aviation 

respectfully requests 

enter an Order that High 

1 penalty in the amount 

Erfc E. Anderson, Attorney 

(817) 222-5078 
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Pleas e Not e 

Pursuant to Title 14 CFR § 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 thirty 

(30) days after the date shown on the certificate of 

service which is attached to this document, 

CERTIFICATE OF SERVICE 

Re: High Purity Resources, Inc., FAA Case No. 2010SW700275 

I hereby certify that on the 4^^*" day of May 2011, I have 

sent via Federal Express an executed original and one copy 

of the complaint, addressed as follows: 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue, SW., 

Attention: Hearing Docket Clerk, 

AGC 43 0 

Wilbur Wright Building, Suite 2W1000 

Washington, DC 20591 

(202)385-8229 

I further certify that on this date, I have sent via USPS 

Express Mail a true copy of the complaint, addressed as 

follows: 

Mr. Robert Scheehl, CEO 

High Purity Resources, Inc. 

PO Box 17 90 

Peralta, NM 87042 

(505)866-8816 

DAVID L. DONNELL 

Acting Regional Counsel 

Southwest Region 

Dated: May 4, 2 011 

E. Anderson, Attorney 

(817) 222-5078