·'f:) 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

MAY : G 2013 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3272 

Facsimile: 718 995-5699 

FEDERAL EXPRESS~ 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

1 Aviation Plaza 

Jamaica, NY 11434 

RECEIVED 

MAY 1 7 2013 

HEARING DOCKET 

ATTN: HEARING DOCKET CLERK 

Re: Jn the Matter of Radio Holland USA, Inc. JP 13- Au:>A #Ct¥- ..2-a-1~ 

Docket No. 20 IlEA 700202 Fcm s OWl 3 - 02. r Jo 

Enclosed herein please find a copy of a request for hearing and the original and one copy of 

the FAA's Complaint in the above-entitled action for tiling, together with proof of service 

upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Washington D.C. area, and 

expects that the hearing will last one day. 

Please address all communications for the Federal Aviation Administration to the attention 

of Jeanine Gotimer, Office of the Regional Counse4 1 Aviation Plaza Jamaica, NY 11434. 

Sincerely, 

AlfredR Johnson, Jr. 

Regional Counsel 

By: L!~CYtk~ 

Attorney 

Enclosures 

cc: AEA-700 

'· - ( ' 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Radio Holland USA, Inc. 

2011EA700202 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as follows: 

I 

Respondent, Radio Holland USA, Inc., was advised through a Final Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $88,500. On 

April29, 2013, Respondent submitted a written demand for a hearing. 

II 

1. On or about March 4, 2011, Radio Holland USA, Inc., (Radio Holland), 

through its employee Damon Cole, knowingly offered hazardous material 

to US Airways for air transportation aboard Flight 4084 from Norfolk, 

Virginia to Philadelphia, Pennsylvania. 
2. · Mr. Cole offered an Ultra Torch soldering iron containing butane fuel (the 

shipment) in his checked baggage, for air transportation aboard US 

Airways Flight 4084, a passenger carrying flight from Norfolk, Virginia to 

Philadelphia, Pennsylvania with onward travel to Jacksonville, Florida. 

3. The shipment was assigned Baggage Tag No. 0037007701. 

4. The Ultra Torch soldering iron contained butane fuel. Butane fuel is 

regulated by the Department of Transportation Hazardous Materials 

Regulations, 49 C.F.R. 171 et. seq. (DOT HMR). 

5. The proper shipping name of butane fuel is Petroleum gases, liquefied. It is 

in Hazard Class 2.1 and has an assigned identification number ofUN1075. 

The proper label is FLAMMABLE GAS. 

6. The hazardous material described herein is forbidden for transportation 

aboard a passenger carrying flight. 

7. At all times mentioned herein, the shipment was not accompanied by a 

Shipper's Certification or Declaration of Dangerous Goods. 

2 
8. The shipment bore no markings or labels to indicate its hazardous nature. 

9. Radio Holland offered the shipment for air transportation in non-bulk 

packaging when it failed to mark the package with the proper shipping 

name and identification number for the material as shown in the Table at 49 

CPR § 172.101 of the DOT HMR. 

10. Radio Holland offered the shipment for air transportation when it failed to 

ensure that the the package bore a FLAMMABLE GAS label, the label 

specified for the material in the Table at 49 CPR § 172.101 of the DOT HMR. 

11. Radio Holland offered hazardous material for transportation by air and 

failed to label the shipment with the primary hazard label for the material as 

specified in the Column 6 of the in the Table at 49 CPR § 172.101 of the 

DOTHMR. 

12. Radio Holland offered the shipment, which is authorized on cargo aircraft 

only, for air transportation when it failed to ensure that the package bore a 

CARGO AIRCRAFT ONLY label specified in 49 CPR§ 172.448 of the 

DOTHMR. 

3 
13. Radio Holland offered the shipment for air transportation without shipping 

papers that included: 

(a) the proper shipping name prescribed for the hazardous material; 

(b) the hazard class prescribed for the hazardous material; 

(c) the assigned identification number prescribed for the hazardous 

material; and 

(d) The number and type of packages. 

15. Radio Holland offered the shipment for air transportation when it failed to: 

(a) certify that the hazardous material was offered in accordance with the 

DOT HMR by printing on the shipping paper the certification set forth in 

Section 172.204(a) or 172.204(c)(1) of the DOT HMR (49 C.F.R. Section 

172.204(a) or Section 172.204(c)(l)); 

(b) add the statement 'I declare that all of the applicable air transport 

requirements have been met." to the cetification on the shipping paper as 

4 
required by 172.204(c)(3) of the DOT HMR (49 C.P.R. Section 

172.204( c )(3) ); and 

(c) provide two copies of the required certifications to the aircraft operator. 

16. Radio Holland offered the above-described shipment ofhazardous material for 

transportation by air when it did not make emergency response information, 

including the emergency response telephone number, immediately available for 

use at all times the hazardous material was present. 

17. Radio Holland offered the above-described shipment of hazardous material for 

transportation by air when it failed to ensure that each of its hazmat employees 

received hazardous materials training in accordance with the requirements 

prescribed in Subpart H of the DOT HMR. 

18. Specifically, Radio Holland offered the above-described shipment of 

hazardous material for transportation by air when it failed to ensure that its 

employee Damon Cole received General Awareness/familiarization training as 

required by the DOT HMR at 49 CPR 172.704(a)(1). 

5 
III 

By reason of the foregoing facts and circumstances, Respondent violated the following 

section(s) of the Department of Transportation Hazardous Materials Regulations: 

a. Section 171.2( e), which states that no person may offer or accept a hazardous 

material for transportation in commerce unless the hazardous material is 

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

shipment as required or authorized by applicable requirements of this 

subchapter or an exemption or special permit, approval, or registration issued 

under this subchapter or subchapter A of this chapter. 

b. Section 172.200(a), which states that, except as otherwise provided in this 

subpart, each person who offers a hazardous material for transportation shall 

describe the hazardous material on the shipping paper in the manner required 

by this subpart. 

c. Section 172.202( a)(1 ), which states that the shipping description of a 

hazardous material on the shipping paper must include the identification 

number prescribed for the material as shown in Column ( 4) of the § 172.101 

table. 

6 
d. Section 172.202( a)(2), which states that the shipping description of a 

hazardous material on the shipping paper must include the proper shipping 

name prescribed for the material in Column (2) of the § 172.101 table. 

e. Section 172.202(a)(3) which states that the shipping description of a 

hazardous material on the shipping paper must include the hazard class or 

division number prescribed for the material, as shown in Column (3) of the 

§ 172.101 table. The subsidiary hazard class or division number is not required 

to be entered when a corresponding subsidiary hazard label is not required. 

Except for combustible liquids, the subsidiary hazard class( es) or subsidiary 

division number(s) must be entered in parentheses immediately following the 

primary hazard class or division number. In addition-- (i) The words "Class" 

or "Division" may be included preceding the primary and subsidiary hazard 

class or division numbers. (ii) The hazard class need not be included for the 

entry "Combustible liquid, n.o.s." (iii) For domestic shipments, primary and 

subsidiary hazard class or division names may be entered following the 

numerical hazard class or division, ·or following the basic description. 

7 
f. Section 172.202(a)(7), which states that the shipping description of a 

hazardous material on the shipping paper must include the number and type 

of packages. 

g. Section 172.204 (a), which states that, except as provided in paragraphs (b) 

and (c) of this section, each person who offers a hazardous material for 

transportation shall certify that the material is offered for transportation in 

accordance with this subchapter by printing (manually or mechanically) on 

the shipping paper containing the required shipping description the 

certification contained in paragraph (a)(1) of this section or the certification 

(declaration) containing the language contained in paragraph (a)(2) of this 

section. 

h. Section 172.204( c )(2), which states that each person who offers a hazardous 

material to an aircraft operator for transportation by air shall provide two 

copies of the certification required in this section. (See § 175.30 of this 

subchapter.) 

1. Section 172.204( c )(3 ), which states that effective October 1, 2006, each 

person who offers a hazardous material for transportation by air must add to 

8 
the certification required in this section the following statement:'' I declare 

that all of the applicable air transport requirements have been met." (i) Each 

person who offers any package or overpack of hazardous materials for 

transport by air must ensure that: (A) The articles or substances are not 

prohibited for transport by air (see the § 172.101 Table); (B) The articles or 

substances are properly classed, marked and labeled and otherwise in a 

condition for transport as required by this subchapter; (C) The articles or 

substances are packaged in accordance with all the applicable air transport 

requirements, including appropriate types of packaging that conform to the 

packing requirements and the "A" Special Provisions in § 172.1 02; inner 

packaging and maximum quantity per package limits; the compatibility 

requirements (see, for example, §173.24 of this subchapter); and requirements 

for closure for both inner and outer packagings, absorbent materials, and 

pressure differential in § 173.27 of this subchapter. Other requirements may 

also apply. For example, single packagings may be prohibited, inner 

packaging may need to be packed in intermediate packagings, and certain 

materials may be required to be transported in packagings meeting a more 

stringent performance level. 

J. Section 172.300(a), which states that each person who offers a hazardous 

material for transportation shall mark each package, freight container, and 

9 
transport vehicle containing the hazardous material in the manner required by 

this subpart. 

k. Section 172.301(a)(1), which states that, except as otherwise provided by this 

subchapter, each person who offers a hazardous material for transportation in 

a non-bulk packaging must 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. Identification numbers are not 

required on packagings that contain only ORM-D materials or limited 

quantities, as defined in §171.8 of this subchapter, except for limited 

quantities marked in accordance with the marking requirements in §172.315. 

1. Section 172.400(a), which states that except as specified in §172.400a, each 

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) A non-bulk package; (2) A bulk packaging, 

other than a cargo tank, portable tank, or tank car, with a volumetric capacity 

of less than 18 m3 (640 cubic feet), unless placarded in accordance with 

subpart F of this part; (3) A portable tank ofless than 3785 L (1000 gallons) 

capacity, unless placarded in accordance with subpart F of this part; (4) A 

10 
DOT Specification 106 or 110 multi-unit tank car tank, unless placarded in 

accordance with subpart F of this part; and ( 5) An overpack, freight container 

or unit load device, of less than 18 m3 (640 cubic feet), which contains a 

package for which labels are required, unless placarded or marked in 

accordance with §172.512 of this part. 

m. Section 172.402(a)(1), which states that each package containing a hazardous 

material shall be labeled with primary and subsidiary hazard labels as 

specified in column 6 of the §172.101 table (unless excepted in paragraph 

(a)(2) ofthis section). 

n. Section 172.402( c), which states that each person who offers for 

transportation or transports by aircraft a package containing a hazardous 

material which is authorized on cargo aircraft only shall label the package 

with a CARGO AIRCRAFT ONLY label specified in § 172.448 of this 

subpart. 

o. Section 172.600( c), which states that no person to whom this subpart applies 

may offer for transportation, accept for transportation, transfer, store or 

otherwise handle during transportation a hazardous material unless: (1) 

Emergency response information conforming to this subpart is immediately 

11 
available for use at all times the hazardous material is present; and (2) 

Emergency response information, including the emergency response 

telephone number, required by this subpart is immediately available to any 

person who, as a representative of a Federal, State or local government 

agency, responds to an incident involving a hazardous material, or IS 

conducting an investigation which involves a hazardous material. 

p. Section 172.702(a), which states that a hazmat employer shall ensure that 

each of its hazmat employees is trained in accordance with the requirements 

prescribed in this subpart. 

q. Section 172.704(a)(l), which states that hazmat employee training shall 

include the following: Each hazmat employee shall be provided general 

awareness/familiarization training designed to provide familiarity with the 

requirements of this subchapter, and to enable the employee to recognize and 

identify hazardous materials consistent with the hazard communication 

standards of this subchapter. 

r. Section 173.22(a)(l) which states that, except as otherwise provided in this 

part, a person may offer a hazardous material for transportation in a 

packaging or container required by this part only in accordance with the 

12 
following: (1) The person shall class and describe the hazardous material in 

accordance with parts 172 and 173 of this subchapter. 

s. Section 173 .27(b )(1 ), which states that when Column 9a of the § 172.101 

Table indicates that a material is "Forbidden", that material may not be 

offered for transportation or transported aboard passenger-carrying aircraft. 

IV 

1. Pursuant to 49 U.S.C. §5123(a) of Chapter 51, Title 49 of the United States Code of 

Transportation, 49 U.S.C.§5123 Respondent is liable for a civil penalty of not less 

than $250 ($450 for training violations), nor greater than $55,000 ($110,000 if 

death, serious illness, severe injury, or substantial property damage results), for 

each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $88,500 IS 

appropriate. 

13 
WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $88,500. 

Respectfully submitted, 

Alfred R Johnson, Jr. 

Regional Counsel 

By:~('~ anine C. Gotimer 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3272 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of 

the Federal Aviation Regulations (14 C.F.R.. Part 13). 

The Rules of Practice provide that Respondent must 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. A general denial is deemed a failure 

to file an answer (Section 13.209(e)). 

2 
CERTIFICATE OF SERVICE 

I hereby certify that on this 16th of May, 2013, copies of the foregoing 

Administrator's Complaint has been served upon the following via Federal Express: 

Dated: May 16, 20 13 

Hearing Docket, AGC-430 

Attention Hearing Docket Clerk 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Building- Rm. 2014 

Washington, DC 20591 

Ms.Anacarolina Estaba, Esq. 

Gardere Wynne Sewell LLP 

1000 Louisiana, Suite 3400 

Houston, Texas 77002-5011 

~~ ' t ' Lt-. iiaJ.~ 

Paralegal Specialist 

Federal Aviation Administration 

Office ofRegional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

15