o 

U.S. Department 

of Transportotton 

Federal Aviation 

Administration 

DFPTCF!R/,f;SPORW!ON 

Office of the Regional Counsel.f , :j PO Box 92007 

AWP-7.4 ' - . ^ ^ Angeles, California 90009-2007 

(310) 725-7128Telephone 

MAY - 4 2010 

CERTIFIED MAIL RETURN RECEPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Re: In the Matter of S/P Resources, Inc.; Case No. 2009WP700017 Q,J()||^UO()bDDS fflB^lG-^^"/ 

Enclosed is a copy of a request for hearing dated April 29,2010 and the original and one 

copy of the Complaint in the above-referenced proceeding. 

I request that the hearing in this matter be held in the Gardena, California area, and expect 

that the hearing will last one (1) day. 

Please address all communications for the Regional Counsel, Western-Pacific Region, to 

the undersigned, at: Office of the Regional Coimsel, AWP-7.4, Federal Aviation 

Administration, Western-Pacific Region, P.O. Box 92007, Los Angeles, CA 90009-2007, 

Telephone: (310) 725- 7128, FAX: (310) 725-6816. 

Sincerely, 

Naomi Tsuda 

Regional Counsel 

By: 

Courtm 

. ^ 

rr-jn »^ourme3rAdolph 

' ^ Attorney 

Enclosures: Request for Hearing, Complaint, Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT 

LATER THAN 30 DAYS AFTER SERVICE OF THIS COMPLAINT. AS AN 

ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT 

TO SECTION 13.208(D) OR SECTION 13.218 (F) (1-4) OF THE RULES OF PRACTICE, 

cc: AWP-740 
7.^<^ 

S/P RESOURCES, INC. 

Federal Aviation Administration April 29,2010 

800 Independence Ave., SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Room 2W1000 

Dear Sirs, 

S/P Resources, Inc. has received a "Final Notice of Proposed Civil Penalty", dated 

April 22,2010, FAA Case No. 2009WP700017. This notice originates fi:om the WesternPacific Region, Office of the Regional Counsel, and is signed by Courtney Adolph, 

General Attorney. This Notice was received by S/P Resources April 23,2010. 

S/P Resources, Inc. is responding to this "Final Notice" and is requesting a 

hearing in this matter. A copy of this correspondence is being sent this date to Mr. 

Courtney Adolph in the Office of the Regional Counsel, P.O. Box 92007, Los Angeles, 

CA., 90009-2007. 

By: 

psident 

?/P Resources, Inc. 

:•-- ' ! ! : . f '-:.:.• i 1 

/n<;i 

P.O.BOX7481 LAGUNANIGUEL,CA. 92607 

OFHCE (949) 600-7767 FAX (949) 297-3967 

WEB SITES www.advancedfueltechnologv.com 

www.envicoat.com 
U.S. DEPARTMENT OF TRANSPORTATION 

REGIONAL COUNSEL 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

S/P Resources, Inc., 

Respondent 

JUDGE NOT ASSIGNED 

FAA DOCKET 

FAA CASE NO. 2009WP700017 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules of Practice 

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

I. 

Respondent, S/P Resoiirces, Inc., was advised through a Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in the amount of $35,796.00. On 

April 29,2010, Respondent submitted a written request for a hearing. 

n. 

On or about October 15,2008, Respondent through its owner/CEO, James Trato, 

offered a shipment to Air-Sea Forwarders, Inc., for air transportation firom 

Inglewood, California to GmG, Ltd., located at 185 Ba Trieu Street, Hai Ba Trung 

District, Hanoi, Vietnam. 

2. The shipment consisted of one (1) non-specification fiberboard box containing four 

(4) one (1) gallon bottles and four (4) five (5) gallon steel drums of Envicoat, a 
polymer coating for glass surfaces. It was offered on an Air-Sea Forwarders 

Warehouse On Hand Notice No. 310463 and identified as "Glass Coating Envicoat'^ 

and "Not Restricted, Non-Hazardous." 

3. Envicoat, a polymer coating for glass surfaces, is a hazardous material, in accordan 

with the Hazardous Materials Table in Title 49 of the Code of Federal Regulation ^ 

(49 C.F.R.), Section 172.101. It is a "flammable liquid, N.O.S. (Dimethycarbiifti 

Identification No. UNI993, Hazard Class 3, Packing Group H. 

4. Respondent offered the shipment for air transportation in commerce when it was not 

properly classed, described, packaged, marked, labeled, and in condition for 

shipment as required or authorized by appUcable requirements in Subchapter C of 

Chapter I of 49 C.F.R., or an exemption or special permit, approval, or registration 

issued under Subchapter C or Subchapter A of Chapter I. To wit: 

a. The shipping papers did not include any classification or description of tti^ 

materials being shipped were hazardous. 

b. The shipment was not packaged in order to prevent a release ol 

material. 

c. Hazardous material markings were not visible on the exterior 

box. 

of the shipment 
d. Hazardous material labels were not present on the exterior of the shipment 

box. 

5. Respondent offered the shipment when emergency response information, conforming 

to 49 C.F.R. part 172, subpart G, was not immediately available for use at all times 

the hazardous material was present. Respondent, Inc., offered the shipment when it 

did not provide an emergency response telephone number for use in the event of an 

emergency involving the hazardous material. 

6. As described above, James Trato, was a hazmat employee, and Respondent was a 

hazmat employer, as those terms are defined in 49 C.F.R. § 171.8. Employee Trato 

offered the shipment for air transportation when he did not have general 

awareness/familiarization, fimction-specific, security awareness, safety, etc. training 

in accordance vdth subpart H of part 172 of 49 C.F.R. 

By reason of the foregoing facts and circumstances. Respondent violated the 

following Department of Transportation Hazardous Material Regulations (Title 49, Part 171 

et seq.. Code of Federal Regulations): 

A. 49 C.F.R. § 171.2(e), which states that no person may offer hazardous material for 

transportation unless the hazardous material is properly classed, described, packaged, 

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

applicable requirements of the Hazardous Materials Regulations, or an exemption, 

approval, or registration issued under the Hazardous Materials Regulations; 
B. 49 C.F.R. § 172.200(a), which states that no person may offer hazardous material for 

transportation unless the material I'Q ^^ i ^ 

^cnai IS property descnbed on the shippmg papers; 

C. 49 C.F.R. § 172.300(a), which states that 

material for transportation sh^ll^ 

vehicle containing the; 

D. 49 C.F.R. § 172.400(a), wW^ ^ 

person who offers for transportation or transports a hazardous material in any of the 

following packages or containment devices, shall label the package or 

containment device with labels specified for the material in the §172.101 table and in 

this subpart: (1) non-bulk package; 

49 C.F.R. § 172.600(c> 

may offer for tr 

handle during 

information ^^^ 

the hazardou ^ ^^ ^ ^^^^^ ^ telephone number, required by this subpart is 

including the e ^^^^^ ^^ ^ ^ ^^^ ^ ^^^^ ^ ^ representative of a Federal, state 

immediately »^^ 

or 

lentag' 

^^y, responds to an incident involving a hazardous material. 

or 

local governm ^^^ation which involves a hazardous material; 

is conducting 

inves 
F. 49 C.F.R. § 172.702(a), which states in relevant part that a hazmat employer shall 

ensure that each of its hazmat employees is trained in accordance with the 

requirements prescribed in this subpart; 

G. 49 C.F.R. § 172.702(d), which states that a hazmat employer shall ensure that each 

of its hazmat employees is tested by appropriate means on the training subjects 

covered in §172.704; 

H. 49 C.F.R. § 173.1(b), which states that a shipment of hazardous materials that is not 

prepared in accordance with this subchapter may not be offered for transportation by 

air, highway, rail, or water. 

m. 

1. In accordance with Section 5123 (a) of Title 49 of the United States Code 

(Transportation) [(49 U.S.C. Section 5123 (a)]. Respondent is Hable for a civil penalty 

of not less than $250.00 ($450 for ti-aining violations), nor greater tiian $50,000 (or 

$100,000 for violations resulting in death, serious illness, or severe injury to any person, 

or substantial destruction of property) for each violation of the Department of 

Transportation Hazardous Materials Regulations. 

2. Under the facts and circumstances of this case, a civil penalty of $39,756.00 

is appropriate. 
WHEREFORE, the Complainant, respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of 

$35,796.00. 

Respectfully submitted. 

^^^S-< . ^€ . » -K C t_l. 

fiiQ/^ Courtnej^^i^olph 

Attomey 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

DATED: ^^^ _ ^ ^Oll) 
CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by facsimile and placed in the United States 

mail, postage prepaid, certified mail, the executed original and one copy of the 

Complaint, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attii: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Facsimile (202) 493-5020 

I further certify that on this date I have placed in the United States mail, postage 

prepaid, certified mail, a true copy of the Complaint, addressed as follows: 

James Trato, President 

S/P Resources, Inc. 

PO Box 7481 

LagunaNiguel, CA 92607 

Dated : MAY - 4 21110 

'^^'Z-'C^ycc^ 

Antonia Garcia 

Paralegal Specialist 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California