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@|003 

12)002 

I k 

<d 

U.S. Department 

of Transportabon 

Federal Aviation 

Admlnletration 

Western-Pacific Region 

Office of the Regional Counsel 

P.O. Box 92007 

Los Angeles. C/, 90009-2007 

Telephone: (310)725-7117 

Facsimile; (310 72G-G816 

JUL 0 2 2010 

CERTIFIED MAIL - l^TUKK RECEIPT REQUESTED 

tPlOALOoChL/j?^/o-0(;^/ii 

Federal Aviation Admiaistration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Dockei Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Re: In the Matter ofOriginal Productions, LLC; Case No. 2009AL700099. 

Enclosed ia a copy of a request for hearing dated June 29, 2010, and the original a nd one 

copy of the Complaint in the above-referenced proceeding. 

I request thai the hearing in this matter be held in the Los Angeles, California arej:. and 

expect that the hearing will last one day. 

Please address all communications forthe Regional Counsel, Western-Pacific Rej,',ion, to the 

undersigned, at: Office of the Regional Counsel, AWP-7.6, Federal Aviation 

Administration, Westem-Patific Region, P.O. Box 92007, Los Angeles, CA 90009-2007, 

Telephone: (310) 725-7117, FAX: (310) 725-6816. 

Sincerely, 

NAOMI TSU: 

Regio 

LieiTC Green 

Attorney 

Enclosures: Request for Hearing, Complaint, Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTTCE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT 

LATER THAN 30 DAYS AFTER SERVICE OF THIS COMPLAINT. AS AN 

ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PUFISUANT 

TO SECTION 13.208(D) OR SECTION 13.218 (F) (1-4) OF THE RULES OF PllACTICE. 

AXT\rf-7An 
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1. Charles M, Finkel, SEN lOieiS 

MAGA5JA, CATHCART & McCARTHY 

2 1801 Avenue of the Scars^ Suite 600 

Los Angeles, CA 90067 

3 310.553.6630 - 310.407.2295 (Fax) 

I finkelaviationlaw(3^a.rthlink.net 

Attorney for ORIGINAL PRODUCTIONS, LLC 

n i ^r^' -^ii 

I ^tG/OUAL COUN? 

REQUEST FOR Hi 

10 PAA CASE NO. 2009AL70009 

KLEASE TAKE NOTICE that ORIGINAL PRODUCTIONS, LLC b^reby 

j.-equests a hearing regarding the Final Notice of Proposed Civil 

Penalty dated June 23, 2010. The allegations as stated 1;herein 

sire hereby denied. The civil penalty pursued in the amount of 

?195,000.00 is unwarranted and unreasonable. 

Charles M. Finkel has been designated to receive all, 

documents relax:ed to this civil penalty, to pursue handling of 

the hearing, and if necessary, pursue, all appeals. 

MAC^ANA, CATHCART^ M; ;CARTHDATED: 

CHARLES M. FINKEL 

Attorney AT Law, and In Fact 

for ORIGINAL PRODUCTIONS, LLC 

REQUEST fOK HEARING 

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PROOF OF SERVICE 

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 

I am employed in the County of Los Angeles, State of 

California. I am over the age of 18 and not a party to the 

within action; my .business address is 1901 Avenue of the; Stars, 

Suite 600, Los Angeles^ California 90067-5899-

Oa June 29, 2010, I served the foregoing document cescribed 

as: BEQUEST FOR HEARING 

on all interested parties in this action by placing tru€ copies 

zhereof enclosed in sealed envelope(s) addressed as follows: 

SEE ATTACHED MAILING LIST 

[XI BY MAIL: I am "'readily familiar" with rhe firm's practice of 

collection and processing correspondence for mailin'j. Under 

rhat practice, it would be deposited with the U.S. postal 

service on that same day with po3tage thereon fully prepaid 

al; LOS Angeles^ California in the ordinary course or: 

business. I am aware that on motion of the party s-.'.rved, 

service is presumed invalid if postal cancellation :late or 

postage meter date is m.ore i:han one day after date I'f 

deposit for mailing in affidavit. 

r ] BY FAX: In addition, if a check mark is placed next to a FAX 

nvimber, I caused all pages of the above-entitled docuinenii (s) 

to be sent to the recipient's) noted via electronic transfer 

(FAX) at the respective fax numbers indicated above 

[ ] BY PERSONAL SERVICE: If an asterisk is placed befort; any 

name, I delivered such envelope by hand to the recipient 

noted. 

E:<ecuted on June 29, 2010, at Los Angelee, California. 

C 1 

State; I declare under penalty of perjury under rhe laws of 

the State of California that the above is true and c(?rrect. 

Federal: I declare that I am employed in the office of a 

member of the bar of this court at whose di^e^ion t:ie 

service was made. 

Charle.y<fj. Finkel 

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MAILING LIST 

Federal Aviation Administration 

600 Independence Avenue, SW 

'Afilbur Wright Building 

Suite 2W1000 

Washington, DC 20591 

.•^ttn: Hearing Docket Clerk 

(Overnight Mail) 

Uaomi Tsuda, Esq. 

j.ierre Green, Esq. 

Office of the Regional counsel 

P.O. Box 92007 

JJOS Angelas , CA 90009-200 7 

Copy) 

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U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of: 

Original Productions, LLC, 

Respondent, 

FAACASENO. 2009AL700099 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules of Practice 

(14 C.F.R. § 13.208), and states as follows: 

I. 

Respondent, Original Productions, LLC, was advised through a Final Noti :;e of 

Proposed Civil Penalty, that the Federal Aviation Administration (FAA) proposeci to assess 

a civil penalty in the ajxiount of $195,000.00. On June 29, 2010, Respondent subrdtted a 

written request for a hearing. 

11. 

1. On or about April 29, 2009, Respondent knowingly u.sed an employee to offer to Alaska 

Airlines a shipment containing hazardous material for transportation by air aboard a 

passenger-carrying aircraft from Los Angeles, California, to Togiak, Alaska. 

2. The above shipment is described on Air Waybill 027-2702 2914 as 67 pieces > ;ontaining 

'TILM EQUIPMENT." The block indicating the shipment does not contain d;ingerous 

goods is initialed. 

3- The above shipment included 107 Sony secondary lithium batteries, 17 self-in Hating life 

vests, four replacement CO2 cylinders, five 750-inl bottles of alcoholic bevera:;es having 

an alcohol content greater than 24%, and one 12-ounce can of Dust Off 

4. Secondary lithium batteries are classified as hazardou.s material under § 172.1 ,'7. of the 

United States Department of Transportation Hazardous Materials Regulations (HMR), 

49 C.F.R. Chapter L Subchapter C (Parts 171-80). Their proper shipping nam:: is 

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"Lithium batteries." They are in hazard class 9 and packing group II> and hav •,: an 

assigned identification number of UN3091. Shipments containing lithium baueries thax 

meet the requirements of special provision 188 of § 172.102 of the HM.R are not subject 

to my otlier requirements of the HMR. 

5. Selt-inflaring life vests are classified as a hazardous material under the HMR. Their 

proper shipping name is "Life-saving appliances, self-inflating." They are in -azard 

class 9, and have an assigned identification number orUN2990. 

6. Replacement COj cylinders are classified as hazardous material under the Hlv R.. Their 

proper shipping name is "Carbon Dioxide." They are in hazard class 2,2, and have an 

assigned identification number of UNI 013. 

7. Alcoholic beverages with an alcohol content greater than 24% are classified a; a 

hazardous material under the HMR. Their proper shipping name is "Alcoholi: 

beverages." They are in hazard class 3 and packing group III, and have an assigned 

identification number of UN3065. 

8. A cjin of Dust Off is classified as a hazardous material under the HMR. Its proper 

shipping name is "Ll-Difluoroethane." It is in hazard class 2.1, and has an asi-igned 

identification number of UN1030. Column 9a of the § 172.101 table provides Lhat it is 

forbidden on passenger aircraft. 

9. The above lithium batteries were not packaged in combination packagings COT Torming to 

the requirements of part 178, subparts L and M, of the HMR at the packing Gioup II 

performance level, the batteries were not separated so as to prevent short circuits, and at 

least one of the solid plastic boxes containing the batteries had more than twel ;-e 

batteries in it. 

10. The solid plastic box referenced in paragraph 9 was not marked to indicate th =t it 

contained lithium batteries, and that special procedures should be followed in the event 

that the package is damaged. Further, this box was not accompanied by a do* .amcnt 

indicating that the package contained lithium batteries and special procedures should be 

followed in the event that the package is damaged. 

11. The above-referenced bottles of alcoholic beverages were not packed with thi.:ir 

closures upward, and the container in which they were packed did not have pi.ickage 

orientation markings on it and did not include sufficient absorbent materials t :i absorb 

the contents of at least one 750-nil bottle. 

12. At all times mentioned herein, the shipment was not accompanied by a Shippiir's 

Declaration for Dangerou.s Goods. 

13. Respondent offered the above-described shipment of hazardous material for 

transportation by air when the shipping papers did not contain the proper shipioing name 

of each hazardous material; the hazard class of each hazardous materiad; the essigncd 

identification number of each hazardous material preceded by "UN" or "NA," as 

applicable; the packing group in Roman numerals for each hazardous material; Hie total 

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qiiantity by weight or volume of each hazardous material covered by the deswription; 

and the basic description of each hazardous material shown in sequence. 

14. Respondent offered the above-described hazardous material for transponatio i without 

including in the shipping papers an emergency response telephone number a;; 

prescribed in Subpart G of Part 172 of the HMR. 

15. Respondent offered the above-described hazardous material for iransportatio i by air 

when it had not certified that each hazardous material was in accordance witj > the HMR 

by printing the certification set forth in § 172.204(a) or § 172.204(c)(1) of th/ HMR on 

the shipping papers. 

16. Respondent offered the above-described hazardous material for transportatio i by air 

wjithout providing two (2) copies of the required shipper's certification. 

17. Respondent offered the above-described hazardous materials tor transportati')n by air 

when the shipment was not marked or labeled in any manner that would indi ;ate the 

hazardous nature of its contents. 

18. Rftspondent offered the above-described materials tor transportation by air w lien the 

shipment was not marked witli the proper sliipping name and the assigned idi,;niificatioii 

number of each hazardous material contained in it, and the required marking:: in English 

were not printed on or affixed to the surface of the shipment, 

19. Respondent offered the above-described shipment for transportation by air %^ lien no 

"Flammable liqiud," "Class 9," "Flammable gas," "Non-flammable gas," or "Cargo 

Aircraft Only" label was affixed to any of the containers comprising the shipraent, 

20. The offering of a shipment containing hazardous marerials as described abov :i is a 

function that directly affects hazardous materials transportation safety. Ai th:! time of 

the events described above, therefore, the employee who offered the shipmer : was a 

hazmat employee xmder the HMR. 

21. At the time of the events described above, the above-referenced employee h£ d not 

received the training specified in Subpart H of part 172 of the HMR within tl i2 

preceding three years, and was not working under the direct supervision of a properly 

trained and knowledgeable hazmat employee at the time each employee offe-.'-ed the 

above-described shipments of hazardous materials. 

in. 

By reason of the foregoing facta and circumstances, Respondent, violated the 

following Department of Transportation Hazardous Material Regulations (Title 4), Part 171 

et seq., Code of Federal Regulations): 

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

in commerce within the United States when each material was not propc rly 

classed, described, packaged, marked, labeled, and in condition for ship; nent as 

required or authorized by applicable requirements of the HMR, or an ex 'mption, 

special permit, approval, or registration issued under the HMR or Subch ?pter A of 

Chapter 1 of Title 49, Code of Federal Regulations. 

(b) Section ] 72.200(a) in that Respondent offered hazardous material for 

transportation without properly desciibing each material on the shipping papers. 

(c) Section 172.201 (d) in that Respondent offered hazardous material for 

transportation without including in tlie shipping papers an emergency response 

telephone number as prescribed in Subpart G of Part 172 of the HMR. 

(d) Section 172.202(a)( 1) in that Respondent offered hazardous material for 

transportation without including the jsroper shipping name in the shippint; papers. 

(e) Section 172.202(a)(2) in that Respondent offered hazardous material for 

transportation without including in the shipping papers the hazard class (r division 

prescribed for the material. 

(f) Section 172.202(a)(3) in that Respondent offered hazardous material for 

transportation without including in the shipping papers the identification lumber 

prescribed for the material. 

(g) Section 172,202(a)(4) in that Respondent offered hazaidous material for 

transportation without including in the shipping papers the packing grouj), in 

Roman numerals, prescribed for the material in Column 5 of the § 172.1) 1 Table. 

(h) Section 172.202(a)(5) in that Respondent offered hazardous material for 

transportation without including in the shipping papers the total quantity of the 

hazardous material covered by the description. 

(i) Section 172,203(f) in that Respondent offered hazardous material for transportation 

by air without including in the shipping papers a statement indicating thai the 

shipment is within the limitations prescribed for either passenger and car.:;o aircraft 

or cargo aircraft only. 

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

transportaiion without the required shipper's certification. 

(k) 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 tlie rc;<juired 

shipper's certification. 

(1) Section 172.204(cX3) in that Respondent offered a hazardous materid fci 

traiisportation by air without including the statement, 'T declare that all o: the 

applicable air transportation requirements have been met." 

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

transportation when the shipment was not marked with the proper shipping name 

and identification number for its contents. 

(n) Section 172.3 01 (a) in that Respondent offered for transportation a hazardous 

material in a non-bulk package when the package was not marked with i he proper 

shipping name and identification number (preceded by ''UN" or "NA," 0:5 

appropriate) for the material as shown in the § 172,101 Table. 

(o) Section 172.312(a) in that Respondent offered a non-bulk combination piickage 

having inner packagings containing liquid hazardous materials when the itmer 

packagings were not packed with closures upward and the container con :aiiiing 

them was not legibly marked with package orienution markings. 

(p) Section 172.400(a) in that Respondent offered a shipment containing ha:: -adous 

material for transportation when the shipment was not properly labeled i:; specified 

in § 172,101 and subpart E of part 172 of the HMR. 

(q) Section 172.604(a) in that Respondent offered a shipment containing ha: -irdous 

material for transportation and failed to provide an emergency response idcphone 

number, including the area code or international access code, for use in t nc event of 

an emergency involving the hazardous material. 

(r) Section 172.702(a) in that Respondent failed to ensure that each of its hs.-mat 

employees was trsiined in accordance with the requirements prescribed ij 1 Subpart 

HofPartl72ofthcHMR. 

(s) Scctiun 173.1 (b) in that Respondent offered a shipment containing hazarilous 

material for transportation by air when the shipment was not prepared in 

accordance with the HMR. 

(t) Section 173.27(b)(1) in that Respondent offered material for transportation by air 

aboard a passenger-carrying aircraft when Column 9a of the § 172.101 tJ Ijle 

indicates the material offered is forbidden on passenger aircraft. 

(u) Section 173.27(b)(4) in that Respondent offered for transportation by air ii package 

containing a hazardous material that is authorized aboard cargo aircraft t iit not 

aboard passenger aircraft when the ptickage was not labeled with the CA 'IGO 

AIRCRAFT ONLY label required by § 172.402(c) of the HMR. 

(v) Section 173.27(e) in that Respondent offered a Packing Group II liqitid V ;izardous 

material of Class 3, 4, or 8, or Division 5.1, 5.2, or 6.1 that was packages and 

offered for transport in gl^^s, earthenware, plastic, or metal inner packag igs when 

it was not packaged using a sufficient quantity of absorbent material to a sorb the 

entire contents of any one of the inner packagings containing such liquid;. 

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IV 

1. Pursuant to Title 49 U.S.C. Chapter 51, §5123(a), Respondent, is lia,: le for a 

civil penalty not lower than $250.00 ($450 for training violations), nnr greater 

than $50,000 (or $100,000 for violations resulting In death, serious i ness, or 

severe injury to any person, or substantial destruction of property) fc i' each 

violation of the Department of Transportation Hazardous Materials 

Regulations. 

2. Under the facts and circumstances of this case, a civil penalty of $ 19 'i.OOO.OO is 

appropriate. 

•'iVHEREFORE, the Complainant, respectfully requests that the Administrative Law 

Judge enter an order that Respondent, be assessed a civil penalty in the amount of 

$195,000.00. 

Respectfldly su6r^itted. 

Licrre C i 

utornejif' 

of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

DATED; JUL 0 2 2010 

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CERTIFICATE OF SERVICE 

I hereby certify that on this dale I have sent by facsimile a copy of the Coinplaint, 

and placed in the United States mail, postage prepaid, certified mail — return reeej :»T 

requested, the executed original and one copy of the Complaint, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Atm: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

Facsimile (202) 493-5142 

I further certify that on this date I have sent by facsimile and placed in the United 

States mail, postage prepaid, certified mail - return receipt requested, a true copy • )f the 

Complaint, addressed as follows: 

Magana, Cathcait & McCarthy 

Atm: Charles M. Finkel 

1801 Avenue of the Stars, Suite 600 

Los Angeles, CA 90067 

Fax:(310)407-2295 

Dated: JUL 0 2 2010 

JeffKanibi^ 

Legal Technician 

Office of the Regional Counsel 

Federal .Aviation Administration 

Western-Pacific Region 

Lawndale, California 

cc; ANM-740 

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