In the Matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

RECEIVED 

JUN 1 5 2015 

HEARING DOCKET 

FAA Docket No. Unassigned 

Extreme Energy Solutions, Inc. 

Judge Not Assigned 

COMPLAINT 

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

pursuantto Rule 208 of the Rules of Practice (14 C.F.R. § 13.208), and states as follows: 

I. 

Respondent was advised through aN otice of Proposed Civil Penalty dated February 19, 

2015, that the FAA proposed to assess a civil penalty in the amount of$19,400. Respondent 

was advised through a Final Notice of Proposed Civil Penalty dated May 22,2015, that the 

FAA would assesses a civil penalty in the amount of$19,400 if Respondent did not request a 

hearing. On June 1, 2015, Respondent submitted a written request for a hearing. 

II. 

1. On or about October 23, 2014, Respondent knowingly offered to United Parcel Service 

(UPS) a one-piece non-bulk shipment for transportation by air from Ogdensburg, New Jersey, 

to its final destination in Shanghai, China. 
2. The above shipment was assigned UPS Tracking Number 1Z1F52R06732647607, and 

included one case of twelve 14-ounce aerosol canisters of Gold Break Parts Cleaner that had 

been place into an umnarked box for shipping. 

3. An aerosol canister of Gold Break Parts Cleaner is classified as a hazardous material 

under the§ 172.101 of the United States Department of Transportation Hazardous Materials 

Regulations (HMR), 49 C.P.R. Chapter I, Subchapter C (Parts 171-80). Its proper shipping 

name is "Aerosols, flammable." It is in hazard class 2.1 and has an assigned identification 

number ofUN1950. 

4. At the time Respondent offered the above shipment, it did not provide a Shipper's 

Declaration for Dangerous Goods to UPS. 

5. At the time Respondent offered the above shipment, the shipping paper did not include an 

emergency response telephone number that met the requirements of§ 172.604 of the HMR. 

6. At the time Respondent offered the above-described shipment of hazardous materials, 

there was no shipping description of the hazardous material on the shipping paper that 

included the identification number prescribed for the material as shown in Column (4) of the 

§ 172. 101 table, the proper shipping name prescribed for the material in Column (2) of the 

§ 172. 101 table, the hazard class or division number prescribed for the material as shown in 

Column (3) of the § 172. 1 01 table, or the total net mass per package. 

2 
7. At the time Respondent offered the above shipment, the description in the shipping paper 

did not include a statement indicating that the shipment is within the limitations prescribed 

for either passenger and cargo aircraft or cargo aircraft only. 

8. At the time Respondent offered the above shipment, the shipping paper did not include 

the certification contained in§ 172.204(a)(1) of the HMR, the declaration contained in 

§ 172.204(a)(2) of the HMR, the certification contained in§ 172.204(c)(1) ofthe HMR, or 

the additional statement specified in§ 172.204(c)(3) of the HMR. 

9. At the time Respondent offered the above shipment, it did not provide UPS with two (2) 

copies of the certification required by § 172.204 of the HMR. 

10. At the time Respondent offered the above-described hazardous material for 

transportation, the shipment was not marked or labeled in any marmer that indicated the 

hazardous nature of its contents. 

11. At the time company offered the above shipment, the proper shipping name and the 

assigned identification number for the hazardous materials contained in it were not printed on 

or affixed to the surface of the shipment, or on a label, tag, or sign. 

12. At the time Respondent offered the above-described hazardous material for 

transportation, the package containing it was not marked with the proper shipping name and 

3 
the assigned identification number (preceded by "UN," "NA," or "ID," as appropriate) of 

each hazardous material contained in it. 

13. At the time Respondent offered the above-described hazardous material for 

transportation, no "Flammable gas" label was printed on or affixed to the surface of the 

package containing it. 

14. At the time company offered the above shipment, no emergency response information 

conforming to subpart G of part 172 of the HMR was immediately available at all times the 

hazardous material was present, and such information, including the emergency response 

telephone number, was not 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 that involves hazardous material. 

III. 

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

Department of Transportation Hazardous Materials Regulations: 

(a) Section 171.2(e) in that Respondent offered hazardous material for 

transportation in commerce within the United States when each material was not 

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

as required or authorized by applicable requirements of the HMR, or an exemption, 

4 
special permit, approval, or registration issued under the HMR or Subchapter A of 

Chapter 1 of Title 49, Code of Federal Regulations. 

(b) Section 172.200(a) in that Respondent offered a hazardous material 

for transportation without describing the hazardous material on the shipping paper in 

the marmer required by subpart C of the HMR. 

(c) Section 172.20l(d) in that Respondent offered hazardous material for 

transportation when the shipping paper did not contain an emergency response 

telephone number that met the requirements of§ 172.604 of the HMR. 

(d) Section 172.202(a) in that Respondent offered hazardous material for 

transportation by aircraft when the shipping description of the hazardous material on the 

shipping paper did not include the identification number prescribed for the material as 

shown in Colunm (4) of the§ 172.101 table, the proper shipping name prescribed for 

the material in Column (2) of the § 172.1 01 table, the hazard class or division number 

prescribed for the material as shown in Colunm (3) of the§ 172.101 table, or the total 

net mass per package. 

(e) Section 172.203(f) in that Respondent offered a hazardous material for 

transportation by air without including in the shipping paper a statement indicating that 

5 
the shipment is within the limitations prescribed for either passenger and cargo aircraft 

or cargo aircraft only. 

(f) Section 172.204(a) in that Respondent offered hazardous material for 

transportation when the shipping paper did not include the certification contained in 

§ 172.204(a)(1) of the HMR, the declaration contained in§ 172.204(a)(2) of the HMR, 

or the certification contained in§ 172.204(c)(1) of the HMR. 

(g) Section 172.204( c )(2) in that Respondent offered hazardous material to 

an aircraft operator for transportation by air and did not provide two copies of the 

required shipper's certification. 

(h) Section 172.204( c )(3) in that Respondent offered a hazardous material 

for transportation by air without including in the certification required by § 172.204 of 

the HMR the following statement: "I declare that all of the applicable air transportation 

requirements have been met." 

(i) Section 172.300(a) in that Respondent offered hazardous material for 

transportation when the package containing it was not marked in the manner required 

by subpart D of part 172 of the HMR. 

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G) Section 172.30l(a)(l) in that Respondent offered for transportation a 

hazardous material in a non-bulk package when the package was not marked with the 

proper shipping name and identification number (preceded by "UN," "NA," or "ID," as 

appropriate) for the material as shown in the§ 172.101 table. 

(k) Section 172.400(a) in that Respondent offered for transportation a 

hazardous material in a non-bulk package when the package was not labeled with labels 

specified for the material in the § 172.101 table and in subpart E of part 172 of the 

HMR. 

(I) Section 172.600( c) in that Respondent offered hazardous material for 

transpoi"!ation when the emergency response information required by subpart G of part 

172 of the HMR was not immediately available at all times the hazardous material was 

present, and such information was not immediately available to any person who, as a 

representative of a Federal, State, or local govermnent agency, responds to an incident 

involving a hazardous material or is conduction an investigation that involves 

hazardous material. 

(m) Section 172.604(a) in that Respondent offered a shipment containing 

hazardous material for transportation and failed to provide an emergency response 

telephone number, including the area code or international access code, for use in the 

event of an emergency involving the hazardous material. 

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IV. 

1. In accordance with Section 5123(a) of Chapter 51, Title 49 of the United States Code of 

Transportation, Respondent is liable for a civil penalty of up to $75,000 for each violation of 

the regulations. For violations resulting in death, serious illness, or severe injury to any 

person, or substantial destruction of property, the maximum civil penalty is $175,000 for 

each violation, and for training violations, the minimum civil penalty is $450 for each 

violation. 

2. Under the facts and circumstances of this case, a civil penalty of $19,400 is appropriate. 

WHEREFORE, the Federal Aviation Administration, by counsel, respectfully requests 

that the administrative law judge enter an order that Respondent be assessed a civil penalty in the 

amount of $19,400. 

RESPECTFULLY SUBMITTED this 9th day of June 2015. 

8 

HOWARD L. MARTIN, JR. 

Regional Counsel 

By: 

G enn H. Brown 

Senior Attorney 
Answer 

Section 13.209(a) of the Rules of Practice in.FAA Civil Penalty Proceedings states, "A ~ 

respondent shall file a written answer. to the c~mplaint, or may file a written motibn pursuant t6 

§ 13.208(d) or§ 13.218(f)(l-4) insteid of filing an answer, not later than 30 daysafterserviceOf 

the complaint." z 

-~;-, -_:, ,' ; ,,;; ; _r,; ' -~" :/_:i: -;-J : -~, Secti()I113 .20~(f) states, "{'>-person's ;f~ure to file an answer without good cause shall be 

deeni~ll an adirlissiob. of the truth of each al!egation contained in the complaint." 

CERTIFICATE OF SERVICE 

Re: Extreme Energy Solutions, Inc. 

Case No. 2015NM730008 

FAA Docket No. To Be Assigned 

I hereby certify that on this date I served a copy of the FAA's Complaint and a copy of the 

foregoing letter by sending them by postage-prepaid, certified mail, return receipt requested, 

addressed as follows: 

Samuel K. Burlum President/CEO 

Extreme Energy Solutions, Inc. 

15 0 Main Street 

Ogdensburg, NJ 07439 

I further certify that on this date I have served the original of the foregoing letter and the original 

and one copy of the FAA's Complaint by postage-prepaid, certified mail, return receipt 

requested, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl000 

~~~~(jV' Jl,/ Office of the Regional Counsel 

222.West 7th Avenue #14 

Anchorage, Alaska 99513-7587 

9 

Y-ad. '? :;20/ 0-

Date 
~J U. S. Department 

of Transportation 

Federal Aviation 

Administration 

JUM -9 2015 

Alaskan Region 

Office of the Regional Counsel 

CERTIFIED MAIL-RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl000 

Re: In the Matter of Extreme Energy Solutions, Inc. 

Case No. 2015NM730008 

Dear Sir or Madam: 

222 W. 7th Avenue #14 

Anchorage, Alaska 99513 

Phone: (907) 271-5271 

Fax: (907) 271-2800 

Email: qlenn.brown@faa.gov 

RECEIVED 

JUN I 5 2015 

HEARING DOCKET 

We have received notification that Extreme Energy Solutions, Inc., requested a hearing in the abovereferenced case. 

Enclosed are the original and one copy of the Complaint in the above-referenced proceeding as required 

by§ 13.208(a) of the Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. Part 13, Subpart G. By 

copy of this letter, the Complaint is being served on Respondent as required by§ 13.208(b). 

The FAA requests that the hearing in this matter be held in Ogdensburg, New Jersey, and expects that the 

hearing will last one day. 

Please address all communications for the FAA to Howard L. Martin, Jr., Regional Counsel, Federal 

Aviation Administration, Office of the Regional Counsel, AAL-7, 222 West 7th Avenue, Box 14, 

Anchorage, Alaska 99513-7587. 

HOWARD L. MARTIN, JR. 

Regional Counsel 

By: 

G ~~ enn H. Brown 

Staff Attorney 

Enclosures