02/14/201 1 11:2 7 FAX 202493514 2 FAft •> DMS 21001/00 9 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Office of tH€i;ftf^|TJ4tiCa^ 

'"r/niniiUi' ins 

•^. •! • ^.I' i 

P.O. Box 20636 

Atlanta, Georgia 30320 

(404) 305-5200 

(404)305-5223 FAX 

DECEIVED 

FEB - 7 2fltl 

HEARING DOCKET 

FEB 2 20i] 

CERTIFIED - RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FA A, AGC-430, Suite 2W1000 

Wilbur Wrighl Building 

800 Independence Avenue, SW 

Washington, DC 20591 . . >. , . 

fkk ' ^oil - ()P0> ^ 

Re: In the Matter of American Discount Beauty Supply 

FAA Case No. 2010SO700005 

Enclosed herewith please find a copy of a request for hearing and 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 Los Angeles, California 

area, and expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office ofihc Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely 

GERALD A. ELLIS 

Attorney 

Office of the Regional Counsel 

Enclosures 
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02/14/201 1 11:2 8 FAX 202493514 2 FAA •>• DMS g|003/009 
02/14/201 1 11:2 8 FAX 2024835142 FAA * DMS @l004/009 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Discount Beauty Supply 

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 C.F.R. 13.208), and states as follows: 

I. 

1, On January 14, 2011, Respondent, Discount Beauty Supply was advised through a 

Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the 

amount of $10,000. On January 25,2011, the Agency Attorney received a written request for a 

hearing from the Respondent. 

II. 

1. On or about October 3, 2009, American Discount Beauty Supply ("ADBS") 

knowingly offered to United Parcel Service (UPS) a one-piece shipment consisting of a 

fiberboard box containing hazardous materials for transportation by air. 

2. The above-mentioned shipment was assigned UPS Expedited tracking number/air 

waybill number IZ XRl 356 DG 5591 7821. The shipment was offered by Shipping/Receiving 

Dept., ADBS, 9215 W. Pico Blvd., Los Angeles, California 90035, for transportation to the 

consignee, Giovanni Tedesco, Via G. Briani 29, Modena None 41100 Italy. 

3. At all times mentioned herein, the above-mentioned shipment was not 

accompanied by a Shipper's Certification or Declaration of Dangerous Goods. 
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4. On or about October 4, 2009, the above-mentioned shipment was flown on a 

regularly scheduled UPS cargo flight in air transportation to the UPS sort facility in Louisville, 

Kentucky. 

5. On or about October 4,2009, ground-handling personnel at the UPS sort lacility 

discovered the above-mentioned shipment during a customs inspection. 

6. The above-mentioned fiberboard box contained eight 3.5-oz. metal aerosol cans 

of Jerome Russell "B Blonde Temporary Highlight Spray", marked and labeled as "Flammable". 

7. (a) Jerome Russell "B Blonde Temporary Highlight Spray" is classified as a 

hazardous material under the Department of Transportation Hazardous Materials Regulations 

(HMR) (49 C.F.R. § 172.101). 

(b) The proper shipping name of the material is Aerosols, flammable, each 

not exceeding 1-liter capacity. It is in Hazard Class 2.1 (Flammable Gas), and has an assigned 

identification number of UNI 950. The proper label is FLAMMABLE GAS. 

8. ADBS offered the above-described shipment of hazardous material for 

transportation by air without shipping papers that included: 

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

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

(c) the hazard class prescribed for each hazardous material; 

(d) the total net mass per package of each hazardous material; and, 

(e) the number and type of packages containing hazardous material. 

9. ADBS offered the above-described shipment of hazardous material for 

transportation by air and failed lo: 

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

171, et seg.) by printing on the shipping papers the certification set forth in § 172.204(a)(1), 

172.204(a)(2). or § 172.204(c) of the HMR; 

(b) prepare the required certifications in duplicate; and, 

(c) add to tlie certification required in this section the following statement: 

"I declare that all of the applicable air transport requirements have 

beenmei." 
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10. ADDS offered the above-described shipment of hazardous materials for 

transportation by air when: 

(a) the outer container was not marked with the proper shipping name of each 

hazardous material contained therein; 

(b) tlie outer container was not marked with the assigned identification 

number of each hazardous material contained tlicrcin; 

(c) a "FLAMMABLE GAS" label was not affixed to the outer container. 

11. ADBS offered the above-described shipment of hazardous material for 

transportation by air and failed to make emergency response information available for use at all 

times the ha^rdous material was present. 

12. ADBS offered the above-described shipment of hazardous material for 

transportation by air and failed to make an emergency response telephone number immediately 

available to the appropriate official person designated to respond to an incident involving a 

hazardous m.aterial, or who was conducting an investigation involving a hazardous material. 

13. ADBS offered the above-described shipment of hazardous material for 

transportation by air and failed to ensure that each of its hazmat employees was trained in 

accordance with the prescribed requiremenls as set forth in Section 172.704. 

111. 

1. By reason of the above ADBS violated the following Department of 

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

a. Section 171.2(c) in that ADBS offered or transported a hazardous material for 

transportation in commerce when the hazardous material was not properly classed, described, 

packaged, marked, labeled, and in condition for shipment as required or authorized by applicable 

requirements of this subchapter, or an exemption, approval, or registration is-sued under this 

subchapter or under subchapter A of this chapter. 

b. Sections 172.200(a) and 172.202(a)(l) in that ADBS offered a hazardous material 

for transportation and failed to describe the hazardous material on 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 ADBS offered a hazardous material 

for transportation and failed to describe the hazardous material on shipping papers including the 

proper shipping name prescribed for the material as shown in Column 2 of the § 172.101 

Table. 
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d. Sections. 172.200(a) and 172.202(a)(3) in that ADBS offered a hazardous material 

for transportation and failed to describe the hazardous material on shipping papers including the 

hazard class or division number prescribed for the material as shown in Column 3 of the § 

172.101 Table. 

e. Sections 172.200(a) and 172.202(a)(6) in that ADBS offered a hazardous material 

for transportation by aircraft and failed lo describe the hazardous material on shipping papers 

showing the total mass per package, unless a gross mass is indicated in Column.s (9A) or (9B) 

of the § 172.101 Table in which case the total gross mass per package must be shown; or, for 

Class 7 materials, the quantity of radioactive must be shown by activity. 

£ Sections 172.200(a) and 172.202(a)(7) in that ADBS offered a hazardous material 

for transportation and failed to describe the hazardous material on shipping papers indicating the 

number and type of packages (for example, "12 drums"). 

g. Sections 172.204(a) or (c)(l) in that ADBS offered a hazardous material for 

transportation and failed to certify that the material was offered for transportation in accordance 

with this subchapter by printing on the shipping paper containing the required shipping 

description one of the certifications set fortJi in this part. 

h. Section 172.204(c)(2) in that ADBS 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. 

i. Section 172.204(c)(3) in that ADBS 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: 

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

j . Section 172.301(a)in that ADBS offered for transportation a hazardous material 

in a non-bulk packaging and failed to 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. 

k. Section 172.400(a) in that ADBS 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. 

1. Section 172.600(c)( 1) in that ADBS offered for transportation a hazardous 

material and failed to make the emergency response information conforming to this subpart 

immediately available for use at all times the hazardous material was present. 

m. Section 172.600(c)(2) in that ADBS offered for transportation a hazardous 

material and failed to make emergency response infomiation including the emergency response 
02/14/2011 11:28 FAX 2024935142 FAA *DMS @l008/009 

telephone number, immediately available to any government agency responding to an incident 

involving hazardous materials or conducting an investigation which involves a hazardous 

material. 

n. Section 172.702(a) in that ADBS offered a hazardous material for transportation 

and failed to ensure that each of its hazmat employees was trained in accordance with the 

requirements prescribed in this subpart. 

2. Pursuant to 49 U.S.C. Section 5123(a), ADBS 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. 

3. Under the facts and circumstances of this case, a civil penalty of $10,000 is 

appropriate. This amount includes consideration of respondent's corrective action. 

WHEREFORE, the Agency, by counsel respectfully request*; that the Administrative Law Judge 

enter an order that Re.spondent be assessed a civil penalty in the amount of $10,000, 

Respectfijlly submitted this 2 ^ day of FelDraQfU ^2011. 

GfeRALD X. ELLI^ 

Attorney 

Office of the Regional Counsel 

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 

1 hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Jean Simon Riendeau 

American Discount Beauty Supply 

9215 W.Pico Blvd. 

Los Angeles, CA 90035 

Hearing Docket Clerk (original -i-1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

DONNA E. STANL'EY Q 

Legal Assistant 

Office of the Regional Counsel 

FEB 2 2011 

Dated 

^