# A 

# ore Legal Counsel.

DINSMORE & SHOHL LLP 255 East Fifth Street " Suite 1900 " Cincinnati, OH 45202 www.dinsmore.com

Brian S. Sullivan (513) 977-8233 (direct) A (513) 977-8141 (fax) brian.sullivan@dinsmore.com
January 26, 2012 VIA FAX (202) 493-5142 and OVERNIGHT MAIL Federal Aviation Administration Attention: Hearing Docket Clerk, AGC-430 800 Independence Avenue SW Wilbur Wright Building Suite 2W1000 Washington, DC 20591 Re: Case No. 2010S0700428 Dear Hearing Docket Clerk: In accordance with section 13.16 of the Federal Aviation Regulations (14 C.F.R. § 13.16), and in response to the Notice of Proposed Civil Penalty dated January 11, 2012 and attached here, this letter serves as Crowcon Detection Instruments, Ltd.'s formal request for a hearing in the above-captioned case. Let me know ifyou have any questions.

BSS/bjw Enclosure V\l'r?y1ly your.s, 

## I '}

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__ -- 1 \ Briiih

. Sullivan

c: Gerald A. Ellis, Esq. (Via Fax: 404-305-5223 and Regular U.S. Mail) 

# RECEIVED JAN 272012 

# HEARING DOCKETSouthern Region U.S. Department ofTransportation Office ofthe Regional Counsel Federal Aviation Administration



## JA'H 

## 11 ZQ12 CERTIFIED MAIL- RETURNRECEIPT REQUESTED REGULAR MAIL

CrowconDetection Instruments, Ltd. 21 Kenton Lands Road Erlanger, KY41018 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX

Case No. 2010S0700428

FINAL NOTICE OFPROPOSED CIVIL PENALTY On March 10, 2011, you were advised through a Notice ofProposed Civil Penaltythat the FAA proposed to assess a civil penaltyinthe amount of$45,500. After considering all the evidence in this matter, including information submitted during and afterthe informal conference onMay 19, 2011, it appears that: 1. Since December 16, 2009, Crowcon DetectionInstruments, Ltd. ("Crowcon") knowinglyprepared multiple Shipper's Certification orDeclarations ofDangerous Goods (declaration) certifYing that hazardous materials were properlyprepared for transportation by air. 2. Crowcon employees completed declarations for shipments containinghazardous materials onthe following dates:

a. December 16, 2009 b. December 17,2009 c. January 13, 2010 d. January 25,2010 e. February 8, 2010 £ February 26, 2010 g. March 5, 2010 h. March 10,2010 1. March 22,2010 

### J. March 31,2010 k. May4, 2010 1. May?, 2010m. June 25, 2010 n. June 29,2010

3. The above declarations werepreparedbyemployees ofCrowcon for the transportation ofhazardous materials by air 4. The above declarations indicated theywere within the limitationprescribedfor passenger aircraft. 5. The above-mentioned declarations declared that the shipments contained Compressed gas, n.o.s. (oxygen, nitrogen), UN1956, Class 2.2. 6. A. (1) Compressed gas, n.o.s. (oxygen, nitrogen) is classified as a hazardous material undertheDepartment ofTransportation Hazardous Materials Regulations (HMR) (49 C.F.R. § 172.101). 2

(2) Theproper shipping name ofthe material is Compressed gas, n.o.s. (oxygen, nitrogen). Itis inHazardClass 2.2 (Non-Flammable Gas), andhas an assigned identification number ofUN1956. Theproper label is NON-FLAMMABLE GAS. 7. Crowconcompletedthe above-described declarations certifying that the hazardous materials wereproperlyprep**'~fed** for transportation by air andfailed to ensure that the hazmat employees who preparedthe declarations were trained in accordance with all the prescribed requirements as set forth in Section 172.704. Byreason ofthe above, Crow con violated thefollowing Department ofTransportation Hazardous MaterialsRegulations (Title 49 ofthe Code ofFederal Regulations):

a. Section 172.702( c)(2) inthat Crowconoffered a hazardous material for transportation and failed to ensure that each ofits hazniat employees received the training required bythis subpart at least once everythree years. b. Sections 172.702(a) and 172.704(a)(4) inthat Crowcon offered a hazardous material for transportation and failed to ensure that its hazmat employee training included security awareness training. No later than the date oftheftrstscheduled recurrent training after March 25, 2003, and in no case later than March 24, 2006, each hazmat employee must receive training thatprovides an awareness of security risks associatedwith hazardous materials transportation andmethods designed to enhance transportation security. This training must also include a component coveringhow to recognize and respond topossible security threats. After March 25, 2003, new hazmat employees must receive the security awareness training required by thisparagraph within 90 days after employment.3 

### After reviewing our investigative file, we propose to assess a civil penalty in the amount of $22,750 

### f6r these violations. This reduced amount includes consideration ofthe comprehensive corrective action implemented as a result of the above allegations and consideration of your abilityto pay. Unless 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 not submit a written request for a hearing, you must paytheproposed civilpenalty. Your request for a hearing must be sent to the Federal Aviation Administration, 

### 600 Independence Avenue SW, Wilbur Wright Building, Suite 2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 (if delivery is in person ·or via expedited courier service) 

### or Federal Aviation Administration, 

### 800 Independence Avenue SW, Wilbur Wright Building, Suite 2W1000, Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430 (if delivery is via U.S. Mail), 

### and a copy must be sent to the undersigned FAA attorney. Your request must be dated and signed, in accordance with section 13.16 of the Federal Aviation Regulations, sent to you with the Notice ofProposed Civil Penalty(14 C.P.R. §13.16). Youmaypay the proposed penalty by submitting a certified check ormoney order payable to the "Federal AviationAdministration" to the undersigned. EDDIE L. 

### THOMAS REGIONAL COUNSEL

# BY:)LUc£~ GERALD A. ELLIS Attorney Office ofthe Regional CounselCERTIFICATE OF SERVICE I hereby certif'y that the foregoing Final Notice of Proposed Civil Penalty has been mailed by Certified Mail & Regular Mail to: Brian S. Sullivan, Esq. Dinsmore & Shohl, 

### LLP 255 E. Fifth St., Suite 1900 Cincinnati, OH 45202 President Crowcon Detection Instruments, Ltd. 2-6 Blacklands Way Abingdon Business Park Abingdon, Oxfordshire OX141DY

Lega sis ant Office ofthe Regional Counsel 

## JAN 11 2012 Dated