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 if you have any questions. 

BSS/bjw 

Enclosure 

V\l'r?y1 ly your. s, 

I '} 

'{ ·~:d-r· __ -- 1 \ 

Briiih . Sullivan 

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

RECEIVED 

JAN 272012 

HEARING DOCKET 
U.S. Department Southern Region 

of Transportation Office of the Regional Counsel 

Federal 

Aviation 

Administration 

JA'H 11 ZQ12 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

REGULAR MAIL 

Crowcon Detection Instruments, Ltd. 

21 Kenton Lands Road 

Erlanger, KY 41018 

P.O. Box 20636 

Atlanta, Georgia 30320 

( 404) 305-5200 

(404) 305-5223 FAX 

Case No. 2010S0700428 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On March 10, 2011, you were advised through a Notice of Proposed Civil Penalty that the FAA 

proposed to assess a civil penalty in the amount of $45,500. 

After considering all the evidence in this matter, including information submitted during and 

after the informal conference on May 19, 2011, it appears that: 

1. Since December 16, 2009, Crowcon Detection Instruments, Ltd. 

("Crowcon") knowingly prepared multiple Shipper's Certification or Declarations of Dangerous 

Goods (declaration) certifYing that hazardous materials were properly prepared for transportation 

by air. 

2. Crowcon employees completed declarations for shipments containing hazardous 

materials on the 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?, 2010 
m. June 25, 2010 

n. June 29,2010 

3. The above declarations were prepared by employees of Crowcon for the 

transportation of hazardous materials by air 

4. The above declarations indicated they were within the limitation prescribed for 

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 under the Department of Transportation Hazardous Materials Regulations 

(HMR) (49 C.F.R. § 172.101). 

2 

(2) The proper shipping name of the material is Compressed gas, n.o.s. 

(oxygen, nitrogen). It is in Hazard Class 2.2 (Non-Flammable Gas), and has an assigned 

identification number ofUN1956. The proper label is NON-FLAMMABLE GAS. 

7. Crowcon completed the above-described declarations certifying that the hazardous 

materials were properly prep '~fed for transportation by air and failed to ensure that the hazmat 

employees who prepared the declarations were trained in accordance with all the prescribed 

requirements as set forth in Section 172.704. 

By reason of the above, Crow con violated the following Department of Transportation 

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

a. Section 172. 702( c )(2) in that Crowcon offered a hazardous material for 

transportation and failed to ensure that each of its hazniat employees received the training 

required by this subpart at least once every three years. 

b. Sections 172.702(a) and 172.704(a)(4) in that 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 oftheftrst scheduled recurrent training after 

March 25, 2003, and in no case later than March 24, 2006, each hazmat employee must receive 

training that provides an awareness of security risks associated with hazardous materials 

transportation and methods designed to enhance transportation security. This training must also 

include a component covering how to recognize and respond to possible security threats. After 

March 25, 2003, new hazmat employees must receive the security awareness training required 

by this paragraph 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 of the comprehensive 

corrective action implemented as a result of the above allegations and consideration of your 

ability to 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 pay the proposed civil penalty. 

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 of Proposed Civil Penalty (14 C.P.R. §13.16). 

You may pay the proposed penalty by submitting a certified check or money order payable to the 

"Federal Aviation Administration" to the undersigned. 

EDDIE L. THOMAS 

REGIONAL COUNSEL 

BY:)LUc£~ GERALD A. ELLIS 

Attorney 

Office of the Regional Counsel 
CERTIFICATE 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 of the Regional Counsel 

JAN 11 2012 

Dated