fi^M 

Also admitted in Maryland 

RiTZBRT &. LEYTON 

A 1'K.OFESSIONAI, CORP ORATIO N 

ATTORNEY S AT LAW 

1 nsO KANrxiM HILLS ROA D SUITH. 400 

FAIRIAX, VIRGINI A 220;io 

70J.934.2660VOICF 703.934.9840 FAX stchema@ritzert-leyton.com 

Direct: 703-934-9835 

July 26, 2010 

>i r 

Federal Express 

Hearing Docket, FAA, AGC-400 

Room 2014 

600 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Clerk 

: : i 2 7 2Q1D 

v../r:T" 

CPiosoaj:^^' /go\0-OL>7^^ 

RE: Request for Hearing, Milan Institute of Cosmetology 

Dear Sir or Madam; 

This fimn represents Milan Institute of Cosmetology ("Milan Institute") which hereby 

notices its request for a hearing in response to Milan Institute's receipt by mail on July 

15, 2010 of a Final Notice of Proposed Civil Penalty dated July 12, 2010 (the "Final 

Notice") from the Office of the Regional Counsel, Southern Region. For your reference, 

a copy of the Final Notice is attached. 

In the Final Notice, the Regional Counsel alleges that Milan Institute knowingly 

violated numerous sections of Title 49, Subtitle B of the Code of Federal Regulations, 

which deal with the transportation of hazardous materials in commerce. For the alleged 

violations of law, the Regional Counsel proposes a Civil Penalty of $49,200. 

Milan Institute disputes the Regional Counsel's findings that it knowingly violated the 

Department of Transportation's regulations. Further, Milan Institute believes that even if 

the alleged violations occurred, the penalty proposed is inappropriate in light of several 

mitigating factors, including the corrective actions taken by Milan Institute to prevent any 

future violations in connection with the transportation of hazardous materials. 

For the reasons stated above, Milan Institute hereby requests a hearing in 

accordance with Subpart G of Part 13 of the Federal Aviation Regulations (14 C.F.R. 

Part 13, Subpart G). 

600/LOOlg SWO * VVJ St?LSeGtS02 XVJ LS:SL OLOS/EL/8 0 
Sincerely, 

Stephen T. Chema II, Esq. 

Peter S. Leyton, Esq. 

Counsel for Milan Institute of Cosmetology 

Copy to: Andrea Michelle Harper, Esq. 

Office of the Regional Counsel, Southern Region 

PO Box 20636 

Atlanta, GA 30320 

Gary Yasuda 

Milan Institute of Beauty 

1720 W. Walnut Ave. 

Visalia. CA 93277 

6OO/SOO0 SHO + VVJ SVLSeetSOS XVd LS:SL 0L03/ei/8O 
o 

U.S. Department 

of T)-anspoftation 

Federal Aviation 

Administration 

Southern Region 

Office of Che Regional Counsel 

P.O. Box 20636 

Atlanta; Georgia 30320 

(404) 305-5200 

(^04) 305-5223 FAX 

JUL 1 2 2010 

CERTII-IED - RETURN RCCEIJ^ .1' REQUESTED 

& REGin.AR MAIL 

2010SO700101 

President 

Milan liisiitute ol'Cyametology 

605 Soulh'^^vesT Military Road 

San Antonio, TX 78218 

President 

Milan iii-siiiute of Cosmetology 

] 720 West Walnut Avenue 

Visalia, CA 93277 

FINAL NO riCE OF PROPOSED CIVIL PENALTY 

On April 21, 2010. you were advised through a Notice of Proposed Civil Penalty that the FAA 

proposed ro assess a civil penalty in the amounl of $49,200. 

At'itr considering all the evidence in this raaiier, it appears that: 

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

knowingly offered to United Parcel Service ("TIPS") a non-specillcation 

tibcrboard box (".sliipment") containing hazai'dous materials for transportation by 

nil. 

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-hand ling personnel at the UPS sort, iacility 

in Louisville, Kentucky discovered the .'ihipmem leaking. 

5. The fiberboard box described in paragraph 1 contained twelve (12) 4.2-ounce 

plastic bottles of Rusk Shining. 

600/eooia SWO ^ VVd SttgeGtSO S XVd LS:S L 0L02/GL/8 0 
6. Further investigation showed chat one bottle leaked approximately 1 -ounce from a 

loose lid into and through the fiberboard box. 

7, A "•Consumer Commodity, C)RM-n" marking on iwo sides of the fiberboard box 

described in paragraph 1 had been partially marked out. 

}). Jiusk .Shining is elassified as a hazardous material under the Department of 

Transponation Hazardous Materials Regulations fHMR) (49 C.F.R, § 172.101). 

9. The proper shipping name ofRvsk Shining is Alcohols, n.o.s. It is in Ha7.ard Class 

3, Packing Group II, and has an assigned identification number of UN 1987. The 

proper label is FLAMMABLE LIQUID. 

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

shipping papers that included: 

(a) (ho 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") (he total net niass per package; and 

(t) the number and type of packages. 

11. MIC ofi'crcd the shipment of hazardous material for transportation by air and 

faile:ci to; 

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

171, et seq.) by printing the certification se» forih in § 172.204(a) or § 

172.204(c)(1) of the HMR; 

(b) prepare the required cerlillcaliuns in duplicate; and 

(c) add the following statement to tlie certification: 

" I declare that all of the applicable air tran.spoit requirements 

have been met," 

12. MIC offered the shipment of hazardous materials for tran.sportation by air aind 

felled to: 

(a) maik the outer container with the proper shipping name of each hazardous 

material contained therein; 

GOO/tOOi a SWG * VVJ St'LSGGt?30 3 XVd 22:9 L 0L02/GL/8 0 
(b) mai'k the outer container wicJi the assigned identification number of each 

hazardous material contained therein; 

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

(d) affix a FLAMMABLE f-TQUID label to the outer container. 

1 ?>. MIC offered the shipment of hazardous materials for transponation by air and 

failed tt^ provide emergency response infomiaiion. 

14. MIC offered ihe shipment of hazardous materials for transportation by air and 

failed to provide an emergency response telephone number. 

1.5. 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 traiisportation by air and 

failed to use an authorized packaging for its transportation. 

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

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

(a) Section 171.2(e) in that MIC offered a hazardous material for 

transportation in conmierce when the hazardous material was not 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 arid 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 mariner 

required by thi.=; subpan, 

(c) Sections 172.200(a) and 172.202(a)(2) in thai MlC: offered a haziirdous 

material for transportation and failed to describe the hazardous material on 

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

maierial in Column 2 of the §172.101 'lable, in the manner I'equired by 

this subpart. 

(d) Sections 172.200(3) and 172,202(a)(3) in thai MIC offered a btzardous 

material for trantiportaLion und failed to describe the hazardous material on 

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

the material as shown in Column ^ of the § 172.101 fable, in the manner 

required by this subpart. 

6OO/SOO0 SWO * VVd stLseetso s XVd SS^S L OIOS/GL/G O 
(e) Sections 172.200(a) and 172.202(a)(4) in that MIC offered a hazai'dous 

material for transpoitation and failed to describe the hazardous material un 

thL' .shipping papers, including Ihc packing group, in Roman numerals, 

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

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

subpart. 

(f) Sections 172.200(a) and i72.202(a)(6) in that MIC offered a hazai-dous 

material for transportation and failed to describe the hazardous material on 

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

maimer 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 aumber and type of packages (indicated 

by description of the package). 

(h) Section 172.204(a) or (c)(]) in that MIC ofli^rwi a hazardous material for 

transportation and failed to certify that the material was offered for 

transpoitation in accordance with this subchapter by printing on the 

shipping paper containing the required shipping description one of the 

certifications set forth in this part. 

(i) Section 172.204(c)(2) in that MIC offered a. hazardous inalcrial to an 

aircraft operator foj' traasponatioti by air an^ failed to provide two copies 

of the ccriification required in this section. 

(j) Section 172.204(c)(3) in fliat MIC offered for transpe>rtation by air a 

hazardous material authorized for air transportation and failed to add to the 

etTtifiealion required in thi-s section the following statement; 

'* I declare that all of the applicable airtransport requitemcnls have been 

met." 

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

material in a non-hulk packaging and failed to mark the package with the 

proper shipping name and identification number (preceded by "UN" or 

"N A", as appropriate) for the material as shown in the § 172.101 table. 

(1) Sections 172..300(a) and 172.112(fl)(2) ia ihal MIC oiJuTGd a non bulk 

combinatioji package having iimer paekagings containing liquid hazardous 

materials for transportation and failed to legibly mark the package with 

."itandai-d orientation markings, on two opposite vertical side.s of the 

package with the arrows pointing in the coirecT upright direction. 

GOO/aOO ® SWQ * VVd StLSSGtSO S XVd 22:S L OlOS/Gl/G O 
(m) Section 172.400(a) in that MIC offered for transportation a liazardous 

material in one of the packages or containment devices listed in this 

subpart and failed to label ihe package or coriiainmeni device with the 

labels specified foi' the material in the §172.101 Table and in this subpart. 

(n) Sections 172.600 and j72.602(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 include.*; both the basic description and technical name 

of tlie hazardous material as required by §§172.202 and 172.203(k), the 

ICA O Techiiicol Instnictions, the IMDG Code, or the TDG Regulations, as 

appropriate, and the emergency response intbnuarion required by this 

subpart (e.g.. a material safety data sheel); or (hi) related to the 

information on a shipping paper, a written notification to pilot-incomniand, 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 sliipping paper 

with the emergency response 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-houi- emergency response 

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

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

visible location. 

(p) Section 173.24(1-))(1) in that MIC? failed to use a package which wa.s 

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

closed, so that under conditions norrnally jncideui lo 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 11 when §172.101 

of This subchapter specified thai it be packaged under tliis section and 

failed to use nnn-bulk packaging.s prescribed in thi.s .section conforming to 

the general packaging requircrneiils of Subpart B of pari 173, to the 

requirements of part 178 of this subchapter al the Packing Group I, II or III 

performance level (unless othet-wise excepted), and to the requirements of 

the special provisions of Column 7 of the §172.101 Table. 

After revjiewing our investigative file, we propose to assess a civil penalty in the amount of 

$49,200 f:ir these violations. 

GOO/iOO ® SWQ <- VVd 2tLSSGt20 3 XVd 2S:9 L OLOS/SL/G O 
Uinles.s you mail or personally deliver, in writing, your request for a hearing in this matter, on or 

before fifteen (15) days after you receive this Final Notice, we will issue an Order Assessing 

Civil Penalty and you will have no further right to a hearing, If you do nor submit a written 

request for a hearing, you must pay the proposed civil penalty, 

Your request for a hearing mast be sent to the Hearing Docket, FAA, AGC-400, Room 2014, 600 

independence Ave., SW, Washington, DC 20591, Attention; Hearing Docket Clerk, and a copy 

must be sent to the undersigned F.AA attorney. Your request must be dated and signed, in 

aecordaiice with secUon 13.16 of the Federal Aviation Regulations, sent to you with the Notice of 

Proposed Civil Penally (14 C.F.R. §13.16). 

You may pay the proposed penally by siibmitTing a certified check or money order payable to the 

"Federal Aviation Administration" to the undersigned, 

EDDIE L TJIO.MAS 

REGION.'VL COUNSEL 

ANDR£A MICHELLE HAR P 

AUomey 

Office of the Regional Counsel 

GOO/SOO E SWQ *• VVd Sl7LSeG1?S0S XVd S3:S L OL02/SL/8 0 
CERTinCATt: OF SERVICE 

I hereby certify that the foregoing Final Notice of Proposed Civil Penalty ha.s been mailed by 

Certified Mail & Regular Mail to; 

President 

Milan lustiwte of Cosmeiology 

605 Southwest Military Road 

San Amonio,TX 78218 

President 

Milan Institute of Cosmetology 

1720 West Walnut Avenue 

Visalia, CA 93277 

JUL 1 2 2010*^ 

Dated 

G00/600l?l SWQ * VVd St?LSS6*20S XVd SS^SL OLOS/ei/Si