07/29/2010 15:04 FAX 2024935142 FAA * DMS 0001/01 5 

< ^ 

U.S. Dopartmert 

of Tranaponation 

Eastern Region 

Regional Counsel 

Tolaphona: 71 e 563-3267 

Facelmile: 718 99S-56S9 

1 Aviailon Plaza 

Jamaica, NY 114(^4 ^ 

"->nri''^~,',T"'^' 

JUL 2 (J 2010 

HcA^^iVQ DOCKET 

Federal Aviation 

Administration 

Mto m 

CHRTIHED MAIT. - RETURN RF,CF.TPT REQUESTED 

I'ederal Aviation Administration 

800 Independence Avenue, S.W. 

WasJiin;?ion, D.C. 20591 

Atln: Hearing Docket Cleric, ACiC-430 

Wilbur Wright Building - Room 2014 

ATTN; HEARING DOCKFT CT.HRK 

Re: Ir ihc Matter of Harrison Yacht Sale.?, Inc. Cr 'O^AO JT)^ 

Docket No. 2009EA700446 (90(0-^1^'^ ^ 

Hncloaed herein please find a copy <-»f n rprpiest for hearing and the original and one copy of 

Lhe TAA'S Coi3ii">1«iai in the ahove-eniitled action fur filing, together with proof of service 

upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Washington, DC area, and 

expects tbat the hearing will last one day. 

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

of Mary Madeline McCarthy, Office of the Regional Counsel, 1 Aviation Plaza Jamaica, 

NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: [^'^\>xmAih,fiJiJf}cG 

MaiyMftdehne McCarthy 

Deputy Regional Coun.'vrl 

Enclosures 

cc: AEA-700 
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6RR«Eionil Counsel for Uic Evum Refiioci Dale (j> 

Federal A'iadon Adminlsmiioa 

I Aviadon PIIIZB 

Jsmaiea, NY 11434 

|^ii<^\ 0 

Hanison Yacht Silsi. Inc. - 30<MEA7OO<U$ 

.•Illbjcct: Hniil finrirr of [VOBCHerl Civil Poialtv 

In rcpky lO your Pliul NoUce or Pmpcisea r-fvll Pctialry Fllmsan Vuhi SsUt, LK, CIKU tu proceed u mdiund dy its check mark 

nesldc The numlKiea pnragrBpn Dclou': 

I. L) Hsmsoa fiiclll '^llu. mc Hereby lutamiti the unnuni of [h» prupuiad civil penalty iviih lh« undentanding Owe ui Order 

A<i5e;slng CNll r«nal& win ne uiued la [hii nmounc 

2- Iw Hain.'Xjn Y^hl ^Hcs. Inc. hereby requali a fomul hearing iii luccrdanoe uiih Gcciion 13.16 uf the Fedenil Aviaiion 

Keguiauons. 

By leadbtg thli lann to UM F«d«rttl Aviolion AdaidnbmiiaB, E«lien Region, HaniMn YKCU 

SaiM. Ilic aM benby artUt e that a cDpy nt thi* form has bet-n Tiled with the Hearlluc Dodtcl 

Clerk (Ueiring Dockt, Padenl Avintion Admlnu-lrailan, tO« IndipaJeow ATenue, S.W., 

Hoom V24A, Wa^hiigion. DC 2a£PI, Aiundiui! H4urlnH Doelwt riark). 

*•" """ " "" ^ Ital HhlTtcnn Vai-M Saltf, '"<• "ill noi b« »pUU«d u> n heerina if it Ghi thia foim »»iih ihc federal Ariadon 

^dmlnlsirinrai Kawm R>,>jnp wiTHr )| rr b-jyipji Hied diij frifm fit » yp^" " "^"»'t f"'''''«'Wg-~»tti *« HBABINfl DOCKET 

CXUBK. " " " • 

ATTOSKrV.ntKPBBSENTA'nVE 

Name: 

Firm; 

Addrcis: _ 

Phone No. 

•\/:. j 
07/29/2010 15:05 FAX 2024935142 FAA * DMS 0003/01 5 

m HARRISON 

OtJ^YAGHT SALES, INC, 

Ksm Narrows 

PO BOX 98 

QrasonvillB, MO ?ie:if) 

(41Q) 827-7600 hYd^herrisonvechteeleB. cqm Fax (410) 827-4830 

June 29,2010 

Regionai Counael for th« Eastern Rieguoa 

Federal Aviation Admiiiistiation 

1 Aviation Plaza 

Jamaica, NY 11434 

Docket No. 2009EA700446 • 

Attention Hearing Docket Cleric, 

T nm submlttiiig a r^uest for a fonnai hearing in regards to the abovo docket number. I have incltided a 

copy of the Final Notice of Proposed Civil Penalty Response AttBohment. I can be reached at 410-336-4242 

for further contact -

Sincerely, 

^^^V» ^ rW»A^>-V^ 

David Hanison 

President 
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=> 2 -> 

r..;i 

•r-i 
ni.^ + DMS 01005/015 

07/29/2010 15:05 FAX 2024935142 FAA uwb 

U.S. DEPARTMF,NT OF TRANSPORTATION 

FFDERA L AVIATION ADMINT.STRAT10N 

OFFICE OF HEARINGS n ':'OP a fFT ^ 

WASHINGTON. D.C. '' •- ^>' i-^. I V tl U 

]rrT5 2oio 

In the Matter of Haihson Yacht Salci, Inc-.. L-ST:.;, ~rK'r^ rAy-tz-^or—r-

> •-•-..•-.. -.'^jvv DCJCKET 

2009EA700446 

Judge Not Assigned 

COMPLAINT 

The Federal AviiUion Adniiniiilration (FAA). by counsel, hereby files it.'! Complaint, 

pursuant lo Rule 208 of tlie Rules of PrJictice (14 CF.R. 13.20g), and states a.5i I o) lows: 

T 

Respondent, Harrison Yacht Sale.?, Inc., was adviaed Uu-oiigh a Final Notice of l^oposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $8,000. On 

July 1,2010, Respondent subiwii.ted?< written demand for a hearing. 

11 

1- On or about July 10, 2009, Harrison Yacht Sales, Inc. (hereinafter "Harrison") 

offered nn undeclared shipment of ha^^ardous materi;i.h to UPS for transportation in 

air commerce (hereinafter, "the shipment"). 

2. The shipment traveled on the basis of tlie UPS 7'"^ Day Air, under UPS Air "Waybill 

iZO0OYY70291638521. 

3. Upon firrival at the UPS .sort center in Laurel. Maryland, the shipment was 

discovered to be leaking red paint. 

4. The above mentioned shipment comprised a one g;iJlon ciui of red paint, packaged 

in a 4G-tlbcrboard box. 

5. The .^hipfneni mentioned above was determined to be a product regulated t>y the 

Department of Transportation (DOT) Hazardous Maierials Regulations (MMR) 49 
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C.P.R. 55 171-177), listed in the DOT HMR Hazardous Materials Table (49 

CF.R. §172.101) as "Paint, including paint, lacqutr, ftnamd, ^tain. shtdlac 

solutions, vanish, polish, liquid filler, and liquid lacquer base. Class 3, IJN'I26S. 

PGJJI". 

6. At all times menlioned herein, the Department of Transportation (DOT) Hazardous 

Materials Regulations (HMR) (49 CF.R. §§171-177) required Harrison, as a 

hazmat employer, lo ensure that each of its hazmat employees was trained in 

accordance with the requirements of the HMR, was tested by appropriate means on 

the trai.ning .<5ubjcct.<; covered in §172.704 (49 C.F.R.§ 172.704), and was precluded 

f-mm performing imy function subject to the requirements of tlie DOT HMR 

without first being intilructed in the requirements of the HMR that apply to that 

function, 

7. At all times herein, Harrison did not ensure that each of its hazmat emp1oyee,'^ i.<; 

trained in accordance with the requirerneTils prc.scribpd by the applicable DO^r HMR. 

8. At all times herein, Harrison did not ensure thai each of its hazmat employco; had 

been provided general awareness/familiarization training designed to provide 

familiarity with the requirements of die DOT HMR. 

9. Thus. Heirrison did not insunct r;ich of his officers, agents, and employees having 

any responsibility for preparing hazardous materials for shipment as to applicable 

regulations in this subchapter. 

10. At all times herein, Harrison did not ensure that the above-referenced shipment met 

all applicable requirements of tlic DOT HMR. 

I i. Specifically, Harrison offered the above mentioned hazardous materials shipment 

but did not mark the shipment in in manner required by the DOT HMR. 

12. Harrison did not ensure thai the non-bulk package or containment device in which it 

offered the above-referenced hazardous materials shipment was lahrjrd with labels 

speciiieJ for the material in the §172.101 Tabic and other applicable pans of the 

DOT HMR. 

13. Harrison did not ensure that the shipment was accompanied by an a.ssociated 

shipping paper that contained emergency response information conforming to 

applicable parr.8 of die DOT HMR and that such infonnation is immediately 

available for use at all limes the hazardous material is present, and that it is 

immediately made available to any person who, as a representative of a Federal, 
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State or local government agency, re.<5ponds to an incident involving a hazardous 

material or is conducting an investigation which involves a hazardon.'; m^itcrial. 

14.Thus. Harrison did not instruct each of his officers, agents, and employees having 

any responsibility for preparing hazardous materials lor shipment as to applicable 

regulation.'; in this subchapter. 

15.Thus, Harrison offered a hazardous material for transportation in air commerce in a 

packaging or container required by this part, did not class and describe the hazardous 

material in accordance with p»rt.i; 172 and 163 of this subchapter, and (2) The person 

.shall determine tbat the packaging or container is im authorized packaging, including 

part 173 requirements, and that it has been manufactured, assembled, and marked in 

accordance with: (i) §173.(7)(a) and pans 173. 178, oi- 179 of this subchapter; (ii) A 

specification of the Department in effect at tlic dale of manufacture of the packaging 

and container; (iii) National or international regtilations based on the UN 

Rrcommendacions on the Transport of Dangerous Good.'!, as authorized in 

tjl73.24(d)(2); (iv) An approval issued under this subchapter; or (v) An exemption 

or special permit i.ssned under subchapter A of this chapter 

HI 

By reason of the foregoing: facts and circumstances. Respondent violated tlie following 

scctinn(s) of the Depanment of Transportation Ha?,ardoiis Materials Regulations: 

a. Section 171.2(b), which states that each person who offers a hazardous 

iTiaierial for tiaasportation in commerce must comply wjih all applicable 

requirements of this subchapter, or an exemption, or special permit, approval, 

or registration issued under this subchapter or under subchapter A of this 

chapter. There miiy be more than one offeror of a shipment of hazardous 

materials. Each offeror is respon.siblc for complying with the requirements of 

this subchapter, or an exemption, or special permit, approval, or registration 
c + DMS 0008/01 5 

07/29/2010 15:05 FAX 2024935142 FAA 

issued under this subchapter or subchapter A of tliis chapter, with respect to 

any pn?-transponation function that it performs or i,s required to perfomi; 

however, each offeror is responsible only for the specific pre-lran.sportation 

fuiirliuns that it performs or is required to pciform. and each offeror may rely 

on information provided by another offeror, unless thai offeror knows or, a 

reasonable person, acting in the circumstances :ind exercising reasonable 

care, would have knowledge that the information provided by the other 

of Frror is incorrect. 

b. Set:tion 172.20(Xa), which states thai, except as olhenvisc provided in this 

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

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

by tliis subpart, 

c. Section 172.300(a). which states that each person who olfcis a, hazardous 

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

transport vehicle eonuining tlic hazardous material in the nvanner required by 

this subpart. 
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d. Section 172.400(a), which stales that except as specified in § 172.400a, each 

person who oilers for transportation or iransport.s a ha7<iidous material in any 

of the following packages or containment devices, shall label the package or 

containment device widi labels specified for the material in the §172.101 

Table and in this subpart. (1) A non-bulk package; (2) A bulk packaging, 

otlicr than a cargo tank, portable tfink, or tank car, with a volumeaic capacity 

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

subpart F of tjbis pprt; (3) A portable tank of less than 3785 L (lOO) gallons) 

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

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

accordance with subpart F of this part; and (5) An ovcrpack. freight 

container or unit load drvicr, of less than 18 m3 (640 cubic feet), which 

contains a package for which labels are required, unlcs.s placarded or marked 

in acrorrlnnrr with §172.512 of this part. 

e. 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 transponauon a hazardous material unless: (1) 

Emergency response information confonniug to this .subpart is immediately 

;ivail3.We for xise at all times the hazardou.<! material is present; and (2) 
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Emergency response information, including the emergency response 

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

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

agency, rcspontk to an incident involving a hazardous material, or is 

conducting an investigation which involves a hazardous material 

f. Section 172.702(a), which states that a hazmat employer shall en.'iiire rh?it 

each of its hazmat employees is u-ained in accordance with the requirements 

prescribed in this subpart. 

g. Section 172.704(a)(1), which states tiiat hazmat employees training shall 

tncludr thr following: Each hazmat employee shall be provided general 

awaj'cncss/farailiarization training designed l,o provide fnmiharity with tlie 

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

identify hazardous materials consistent with the hazard communication 

standards of iliis subchapter. 

h. Seetion 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 

transpoi-tatioii by air, highway, rail, or water. It is the responsibility of each 
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hazmat employer subject to the requiieracnta of this subchapter to ensure that 

each hazmat employee is tr^iinrd in accordance with the requirements 

prescribed in this .subchapter. It is the duty of each person who offers 

ha^3rd«)u.s materials for transponauon to instruct each of his officers, agents, 

and employees having any responsibility for preparing hazardous material,'; 

for shipment as to applicable regulations in this subchapter. 

Srr:tion I73.22(a)(l)&(2), which stales 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 pari only in accordance with the 

following: (1) The person shall class and describe the ha/,ardous material in 

accordnncr with pans 172 and 163 of Ihis subchapter, and (2) The person 

shall determine that the packaging or container is an authoiizcd packaging, 

incltidirig pari 173 requirements, and tliai il has been manufactured, 

assembled, and marked in accordance with: (i) §173,(7)(;i) and parts 173, 

178, or 179 of this subchapter; (ii) A specification of lhe Department in effect 

at the date of manufacture of the packaging and c;nnta.irp,r; (iii) National or 

international regulation,? based on the UN Recommendations on the Transport 

of Dangerous Goods, as authorized in § 173.24(d)(2); (iv) An approval issued 
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under lliis subcliapier; or (v) An exemption or special permit issued under 

subchapter A of this chapter. 

IV 

1. Piirsiiant to 49 U.S.C. §5123(a) of Chapiei' 51, Tide 49 of the United States Code of 

lYansponaiion, 49 U.S.C.§5123 Respondent is Uablc for a civil penalty of not less than 

$250 ($450 for training violations), nor greater than $50,000 (.$100,000 if death, serious 

illness, severe injury, or substantial property damage re.<ults), for each of the violations 

alleged. 

2. Under tlic facts and circumstances of this ca.sc, a civil penalty of S8,000 is appropriate, 

WKFRTFOKE, the FAA, by counsel, respectfully requests that tlic Administrative 

Law Judge enter an order (hat Respondent be assessed a dvil penalty in the amount of 

$8,000. 

Respectfully submitted, 

Alfred R. .Johnson, Jr. 

Regional Counsel 

By: \%.. r mo^fI;"v,i {OrOnA^ki ^ 

Mary l^deline McCardiy ( \ 

Deputy Regional Counsel 

Federal Aviation Administration 

1 Aviation Play.a 

Jamaica, NY 11434 

715 553-3267 

7l8 995-.^699 
07/29/2010 15:08 FAX 2024935142 FAA DMS 0013/01 5 

NOTE: 

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

the Federal Aviation Regulatlun-s (14 C-F.R. Part 13). 

Tlie RulCK of Practice provide that Respondent must file a written amwer 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 fjeneral denial is deemed a failure 

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

CRRTiriCATF OF SERVICE 

I hereby certify ihat the foregoing Complaint has been placed this dale in the United States 

Tn;iil, postage prepaid, by Certified Mail - Return Receipt Requested addressed as follows: 

Harrison Yacht Sales, Inc. 

106 Wells Cove Road 

P O Box 98 

Grasonvillc, MD 21638 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-43 0 

Wilbur Wright Building - Room 2014 

Date: 

JUL 2 0 2010 

Miuyaiin^ignone 

Legal Technician 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 
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U.,S, DFP/VRTMF.NT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION O r.r.-?^ ^', . 

OFFICE OF HEARINGS ' ' '' • '<^' ^Z | \/, C .f^ 

WASHINGTON, D.C. 

^- 2 5 20f0 

in the Matter of Harrison Yacht Sales, Inc. - ••^c, /.•0(r.'C|^'J' 

2009EA700446 

Judge Not Assigned 

NOTICE OF APPFARANCF. 

Complainant, Federal Aviation Administration, hereby notifies the United States 

Deparlment of Transportation, Office of Hearings, and the Respondent, piirsuanl to 14 

CF.R. §13.204(b),that it shall be represented in the above-,<;tated action by the attorney 

listed below. All comnwrications. notices, pleadings or documents .ire rrspeclfully 

requested to be forwarded as follow.?: 

Mary Madeline McCailhy 

Federal Aviation Administraiion 

Office of Regional Counsel 

I Aviation Plaza 

.Tam.iira, NY 11434 

Telephone: 718 553-3267 

Facsimile: 718 995-5699 

Respectfully submitted, 

AUred R, Johnson, Jr. 

Regional Coun.sel 

By: \^iii.\h/i{ililMl . /Y]p/^J>-iLDaled: -7//^^//) 

Mary Madeline McCarthy A 

Deputy Regional Counsel ^ 
07/29/2010 15:06 FAX 2024935142 FAA DMS 0015/01 5 

CERTIFICATE OP SERVICE 

T hereby certify that on ihis day copies of the foregoing Notice of Appearance were placed 

in the United Suites mail, postage prepaid. Certified Mail - Return Receipt Requested 

addressed as follows: 

Harrison Yacht .Sales. Inc. 

106 Well.5 Cove Road 

P O Box 98 

Crrasonville. MD 21638 

Federal Aviation AdminisiT:iiion (Original and one copy) 

800 Independence Avenue, S.W. 

Washington. D.C, 20591 

Aim: Hearing Docket Clerk, AGC-430 

"Wilbur Wrighi Building - Room 2014 

Date: ijifijn -e-xi 

Legal Teehnjcian 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11^34