In the Matter of: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 

# RECEIVED JUN 15 2015 

## HEARING DOCKET FAADocketNo. Unassigned Extreme Energy Solutions, Inc. Judge Not Assigned COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. § 13.208), and states as follows: I. Respondent was advised through aNotice ofProposed Civil Penalty dated February 19, 2015, that the FAAproposed to assess a civil penalty in the amount of$19,400. Respondent was advised through a Final Notice ofProposed Civil Penalty dated May 22,2015, that the FAAwould assesses a civil penalty inthe amount of$19,400 ifRespondent 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, NewJersey, to its final destination in Shanghai, China.2. The above shipment was assigned UPS Tracking Number 1Z1F52R06732647607, and included one case oftwelve 14-ounce aerosol canisters ofGold Break Parts Cleanerthat had been place into an umnarked box for shipping. 3. An aerosol canister ofGold BreakParts Cleaner is classified as a hazardous material under the§ 172.101 ofthe United States Department ofTransportation Hazardous Materials Regulations (HMR), 49 C.P.R. Chapter I, Subchapter C (Parts 171-80). Its proper shipping name is "Aerosols, flammable." It is inhazard class 2.1 and has an assigned identification number ofUN1950. 4. Atthe time Respondent offered the above shipment, it did not provide a Shipper's Declaration for Dangerous Goods to UPS. 5. Atthe time Respondent offered the above shipment, the shipping paper did not include an emergency response telephone number that met the requirements of§ 172.604 ofthe HMR. 6. Atthe time Respondent offered the above-described shipment ofhazardous materials, there was no shipping description ofthe hazardous material on the shipping paper that included the identification number prescribed for the material as shown in Column (4) ofthe § 172. 101 table, the proper shipping name prescribed for the material in Column (2) ofthe § 172. 101 table, the hazard class or division number prescribed for the material as shown in Column (3) ofthe § 172. 101 table, or the total net mass per package.
27. Atthe 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. Atthe time Respondent offered the above shipment, the shipping paper did not include the certification contained in§ 172.204(a)(1) ofthe HMR, the declaration contained in § 172.204(a)(2) ofthe HMR, the certification contained in§ 172.204(c)(1) ofthe HMR, or the additional statement specified in§ 172.204(c)(3) ofthe HMR. 9. Atthe time Respondent offeredthe above shipment, it did not provide UPS with two (2) copies ofthe certification required by § 172.204 ofthe HMR. 10. Atthe 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 ofits contents. 11. Atthe 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 ofthe shipment, or on a label, tag, or sign. 12. Atthe time Respondent offered the above-described hazardous material for transportation, the package containing it was not marked with the proper shipping name and 3the 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 ofthe package containing it. 14. Atthe time company offered the above shipment, no emergency response information conforming to subpart G ofpart 172 ofthe HMRwas immediately available at all times the hazardous material was present, and such information, including the emergencyresponse telephone number, was not immediately available to any person who, as a representative ofa Federal, State, or local government agency, responds to an incident involving a hazardous material or is conducting an investigationthat involves hazardous material. III. 1. By reason ofthe foregoing facts and circumstances, Respondent violated the following Department ofTransportation Hazardous Materials Regulations: (a) Section 171.2(e) inthat 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 ofthe HMR, or an exemption, 

### 4special permit, approval, orregistration issued under the HMR or Subchapter A of Chapter 1 ofTitle 49, Code ofFederal Regulations. (b) Section 172.200(a) inthat Respondent offered a hazardous material for transportation without describing the hazardous material onthe shipping paper in the marmer required by subpart C ofthe HMR. (c) Section 172.20l(d) inthat Respondent offered hazardous material for transportation when the shipping paper did not contain an emergency response telephone number that metthe requirements of§ 172.604 ofthe HMR. (d) Section 172.202(a) inthat Respondent offered hazardous material for transportation by aircraft whenthe shipping description ofthe hazardous material onthe shipping paper did not include the identification number prescribed for the material as shown in Colunm (4) ofthe§ 172.101 table, the proper shipping name prescribed for the material in Column (2) ofthe § 172.101 table, the hazard class ordivision number prescribed for the material as shownin Colunm (3) ofthe§ 172.101 table, or the total net massperpackage. (e) Section 172.203(f) inthat Respondent offered a hazardous material for transportation by air without including inthe shipping paper a statement indicating that

5the shipment is within the limitations prescribed for eitherpassenger and cargo aircraft or cargo aircraft only. (f) Section 172.204(a) in that Respondent offered hazardous material for transportation whenthe shipping paper did not include the certification contained in § 172.204(a)(1) ofthe HMR, the declaration contained in§ 172.204(a)(2) ofthe HMR, orthe certification contained in§ 172.204(c)(1) ofthe HMR. (g) Section 172.204( c)(2) inthat Respondent offered hazardous material to an aircraft operator for transportation by air and did not provide two copies ofthe required shipper's certification. (h) Section 172.204( c)(3) inthat Respondent offered a hazardous material for transportation by air without including in the certificationrequired by § 172.204 of the HMRthe following statement: "I declare that all ofthe applicable air transportation requirements have beenmet." (i) Section 172.300(a) in that Respondent offered hazardous material for transportation whenthe package containing it was not marked inthe manner required by subpart D ofpart 172 ofthe HMR.

6G) 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 inthe § 172.101 table and in subpart E ofpart 172 ofthe HMR. (I) Section 172.600( c) in that Respondent offered hazardous material for transpoi"!ation whenthe emergency response information required by subpart G ofpart 172 ofthe HMRwas 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 ofa Federal, State, or local govermnent agency, responds to an incident involving a hazardous material oris conduction an investigationthat involves hazardous material. (m) Section 172.604(a) inthat Respondent offered a shipment containing hazardous material for transportation and failed to provide an emergency response telephone number, including the area code orinternational access code, for use 

### inthe event ofan emergency involving the hazardous material. 7IV. 1. In accordance with Section 5123(a) ofChapter 51, Title 49 ofthe United States Code of Transportation, Respondent is liable for a civil penalty ofup 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 ofproperty, 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 ofthis case, a civil penalty of$19,400 is appropriate. WHEREFORE, the Federal Aviation Administration, by counsel, respectfullyrequests thatthe administrative lawjudge enter an order that Respondent be assessed a civil penalty inthe amount of$19,400. RESPECTFULLY SUBMITTED this 9th day ofJune 2015.

8 HOWARD L. MARTIN, JR. Regional Counsel By: G ennH. Brown Senior AttorneyAnswer Section 13.209(a) ofthe Rules ofPractice in.FAA Civil PenaltyProceedings states, "A

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### c~mplaint, ormay file a writtenmotibnpursuant t6 § 13.208(d) or§ 13.218(f)(l-4) insteid offiling an answer, not laterthan 30 daysafterserviceOf the complaint." z



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# each al!egation contained inthe complaint." CERTIFICATE OF SERVICE Re: Extreme Energy Solutions, Inc. Case No. 2015NM730008 FAADocketNo. To Be Assigned I hereby certify that onthis date I served a copy ofthe FAA's Complaint and a copy ofthe foregoing letter by sending thembypostage-prepaid, certified mail, return receipt requested, addressed as follows: Samuel K. BurlumPresident/CEO Extreme Energy Solutions, Inc. 150 Main Street Ogdensburg, NJ 07439 I further certify that onthis date I have served the original ofthe foregoing letter andthe original and one copy ofthe FAA's Complaintbypostage-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



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# Jl,/ Office ofthe Regional Counsel 222.West 7thAvenue #14 Anchorage, Alaska 99513-7587 9 

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

# ~J U. S. Department ofTransportation Federal Aviation Administration 

## JUM -9 2015 Alaskan Region Office of the Regional Counsel

CERTIFIED MAIL-RETURNRECEIPT REQUESTED FederalAviationAdministration 800 Independence Avenue, SW Washington, DC 20591 ATTN: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding-Suite 2Wl000 Re: In the Matter ofExtreme Energy Solutions, Inc. Case No. 2015NM730008 Dear Sir orMadam: 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 notificationthat Extreme Energy Solutions, Inc., requested a hearing in the abovereferenced case. Enclosed are the original and one copy ofthe Complaint in the above-referenced proceeding as required by§ 13.208(a) ofthe Rules ofPractice in FAA Civil Penalty Actions, 14 C.F.R. Part 13, Subpart G. By copy ofthis 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 thatthe hearing will last one day. Please address all communications for the FAA to Howard L. Martin, Jr., Regional Counsel, Federal Aviation Administration, Office ofthe 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 StaffAttorney Enclosures