U.S. Department ofTransportation Federal Aviation Administration Office ofthe ChiefCounse1



### U.S. CERTIFIED MAIL, RETURN-RECEIPT REQUESTED HearingDocket Federal AviationAdministration 800 IndependenceAvenue, SW Washington, DC 2059b

Attn: Hearing Docket.Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 RE: Inthematter ofPremierNail Source, Inc. FAADocketNo. NotYet Assigned; CaseNo. 2015S0700062 EnforcementDivision Southern Team 1701 ColumbiaAvenue College Park, GA 30337

Enclosed are the original and one copy ofthe complaintinthe above-referenced case. The Complainantrequests thatthe hearingbeheldinTampa, Florida and expectsthatthehearing in this case 

### will last one day. All correspondence to the Complainantin this matter should be directedto ChristopherR. Stevenson, at: Enforcement Division, Southern Team 1701 ColumbiaAvenue, CollegePark, GA 30337 email: chris.stevenson@faa.gov Telephone: (404) 305-5200 (main) (404) 305-5208 (direct) (404) 305-5223 (facsimile) Respectfully, **//·;;::::/~7** 

## ,/ (//. **c.c=""l~-----~-** cHRISTOPHERR. STEVENSON Enforcement Division, Southern Team 1701Coltm1biaAvenue, CollegePark, GA 30337 email: chris.stevenson@faa.gov Telephone: : (404) 305-5200 (main) (404) 305-5208 (direct)

· ·· (404) 305,5223(facsimile) EnclosureI would like to request a formal hearing in EIR # 201550700062 Premier Nail Source. We feel the proposed settlement is unjust do to the fact thatthis shipment was accidental and we have taken measures to correctthese actions from futher happening again.

Thanks, Daniel Kerzner Premier Nail Source 5454 west Crenshaw St. 813-390-0700U.S. DEPARTMENT OFTRANSPORTATION FEDERALAVIATION ADMINISTRATION

In the matter of: PremierNail Source, Inc. JUDGENOTASSIGNED ) ) ) ) FAADocketNo. CP- Not YetAssigned CaseNo. 2015S0700062

COMPLAINT The Complainantherebyfiles its Complaint, pursuantto Rule 208 oftheRu1es of Practice inFAA Civil PenaltyActions (14 C.F.R. 

### § 13.208), and states as follows: 

### I. Respondent PremierNail Source was advised through aN otice ofProposed Civil Penalty
dated June 11,2015 andby a FinalNotice ofProposedCivil Penalty dated February22, 2016,
thattheFAAproposedto assess a civil penalty inthe amount of$69,000. By a letter dated February 26, 2016, Respondentrequested a hearing. The EnforcementDivision, Southern Team receivedRespondent's writtenrequestfor a hearing onFebruary 29,2016. II. 1. Onor aboutNovember28,2014 PremierNail Source, Inc., d/b/aPremier Nail Internationallmowinglyoffered to Federal Express (FedEx) a one-piece shipment consisting ofa non-specificationfiberboard boxcontaininghazardousmaterials for transportationbyair.
2. The above-mentioned shipment was assigned FedExtracking number 624869440816 for International Priority Air Service. The shipment was offeredbyPremier for transportationto the consignee, Georgette Sands, The Nail Lounge, Parliement St. Bid. 14, Nassua, EE 17161, Bahamas.

13. At all times mentioned herein, the above-mentioned shipment was not accompanied by a Shipper's Certification or Declaration ofDangerous Goods. 4. On or aboutNovember 28, 2014, ground-handling personnel at a FedEx facility in Tampainspected the above-mentioned shipment on suspicionthat it contained hazardous materials. 5. The above-mentioned fiberboard box contained:



### 6. a. Six (6) 2-ounce plastic bottles ofCND ShellacNourishing Remover marked extremely flannnable; and b. (a) Six (6) 0.5-ounce glass bottles ofDevelop 10 Program. CND Shellac Nourishing remover is classified as a hazardous material underthe Department ofTransportation Hazardous Materials Regulations (HMR) ( 49 C.F.R. § 172.101). (b) The proper shipping name ofthe material is Flammable liquid, n.o.s. (Acetone). Itis in Hazard Class 3 (Flannnable Liquid), Packing Group II, andhas an assigned identification number ofUN 1993. The proper label is Flannnable Liquid. 

### 7. (a) Develop 10 Program is classified as a hazardous material under the Department ofTransportation Hazardous Materials Regulations (HMR) (49 C.F.R. § 172.101). (b) The proper shipping name ofthe material is Paint. Itis inHazard Class 3 (Flammable Liquid), Packing Group II, and has an assigned identification number ofUN 1263. Theproper label is Flammable Liquid. 8. Premier offered the above-described shipment ofliquidhazardous materials for transportationby air and failed to package it correctly for air transportation.

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### 9. Premier offered the above-described shipment ofhazardous material for transportation by air without shipping papers that included: (a) the assigned identification number prescribed for each hazardous material; (b) the proper shipping name prescribed for each hazardous material; (c) the hazard class prescribed for each hazardous material; (d) the packing group prescribed for each hazardous material; (e) the total net mass per package ofeach hazardous material; (f) 

### the number and type ofpackages containing hazardous material; (g) a statement indicating thatthe shipment is within the limitations prescribed for either passenger and cargo aircraft or cargo aircraft only; and (h) the technical name inparentheses. 10. Premier offered the above-described shipment ofhazardous material for transportation by air and failed to: (a) certify that the materials were in accordance with the HMR (49 C.F.R. §§ 171, et seq.) by printing onthe shipping papers the certification set forth in§ 172.204(a)(l), 172.204(a)(2), or 

### § 172.204(c) ofthe HMR; (b) prepare the required certifications in duplicate; and, (c) add to the certification required in this section the following statement: "I declare that all ofthe applicable air transport requirements have been met." 11. Premier offered the above-described shipment ofhazardous materials for transportation by air when:

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### (a) the outer container was not marked with the proper shipping name ofeach hazardous material contained therein; (b) the outer container was not marked with the assigned identification number ofeach hazardous material contained therein; (c) the outer container was not marked with standard orientation markings (as prescribed in49 C.F.R. §172.312(a)) ontwo opposite vertical sides ofthe package with the
arrows pointing inthe correct upright direction; and (d) a "FLAMMABLE LIQUID" label was not affixed to the outer container. 12. Premier offered the above-described shipment ofhazardous material for transportation by air and failed to make emergency response information available for use at all times the hazardous material was present. 13. Premier offered the above-described shipment ofhazardous material for transportation by air and failed to make an emergency response telephone number immediately available to the appropriate official person designated to respond to an incident involving a hazardous material, or who was conducting an investigation involving a hazardous material. 14. Premier offered the above-described shipment ofhazardous material for transportation by air and failed to ensure that each ofits hazmat employees was trained in accordance with the prescribed requirements as set forth in Section 172.704. 15. Premier offered the shipment ofhazardous materials for transportation by air and failed to instruct each ofits officers, agents, and employees having responsibility for preparing the shipment as to the applicable regulations. 16. Premier offeredthe shipment ofhazardous materials for transportation by air and failed to use an authorized packaging for its transportation.



### 4III. 1. By reason ofthe foregoing, Respondent violated:
a. 49 C.P.R. § 171.2(e) in that Premier offered ortransported a hazardous material for transportation in commerce when the hazardous material was notproperly classed, described, packaged, marked, labeled, and incondition for shipment as required or authorized by applicable requirements ofthis subchapter, or an exemption, approval, orregistration issued under this subchapter orunder subchapter A ofthis chapter. b. 49 C.P.R.§§ 172.200(a) and 172.202(a)(1) in that Premier offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the identification number prescribed for the material as shownin Colunm 4 ofthe § 172.101 Table, inthe manner required by this subpart.
c. 49 C.P.R. §§ 172.200(a) and 172.202(a)(2) in that Premier offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the proper shipping name prescribed for the material as shown in Column 2 ofthe § 172.101 Table. d. 49 C.P.R. §§ 172.200(a) and 172.202(a)(3) in that Premier offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the hazard class or division number prescribed for the material as shown in Column 3 ofthe 

### § 172.101 Table.
e. Sections 172.200(a) and 172.202(a)(4) in that Premier offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the packing group in Roman numerals, as designated for the hazardous material in Column 5 ofthe§ 172.101 Table.



### 5f. 49 C.F.R. §§ 172.200(a) and 172.202(a)(6) in that Premier offered a hazardous material for transportation by aircraft and failed to describe the hazardous material on shipping papers showing the total mass perpackage, unless a gross mass is indicated in Columns (9A) or (9B) ofthe § 172.101 Table in which case the total gross mass per package mustbe shown; or , for Class 7 materials, the quantity ofradioactive mustbe shownby activity. g. 49 C.F.R. §§ 172.200(a) and 172.202(a)(7) in that Premier offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers indicating the number and type ofpackages (for example, "12 drums"). h. 49 C.F.R. 

### § 172.203(±) in that Premier offered a hazardous material for transportation when a statement indicating that the shipment is withinthe limitations prescribed for either passenger and cargo aircraft or cargo aircraft only was not entered onthe shipping paper. 1. 49 C.F.R. § 172.203(k) in that Premier offered a hazardous material for transportation by air when the technical name ofthehazardous material was not entered in parentheses in associationwiththe basic description. J. 49 C.F.R. §§ 172.204(a) or (c)(l) in that Premier offered a hazardous material for transportation and failed to certify that the material was offered for transportation in accordance with this subchapterby printing onthe shipping paper containing the required shipping description one ofthe certifications set forth inthis part. k. 49 C.F.R. § 172.204( c)(2) inthat Premier offered a hazardous material to an aircraft operator for transportation by air and failed to provide two copies ofthe certification required in this section.

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### I. 49 C.F.R. § 172.204(c)(3) in that Premier offered for transportation by air a hazardous material authorized for air transportation and failed to add to the certification required inthis sectionthe following statement: "I declare that all ofthe applicable air transport requirements have beenmet."
m. 49 C.F.R. § 172.30l(a) inthat Premier offered for transportation a hazardous material in a non-bulk packaging and failed to mark the package withthe proper shipping name and identification number (preceded by "UN" or "NA", as appropriate) for the material as shown in the §172.101 table.
n. 49 C.F.R. §§ 172.300(a) and 172.312(a)(2) in that Premier offered a non-bulk combination package having inner packagings containing liquid hazardous material for transportation and failed to legibly mark the outer package with package orientation markings that were legibly marked with package orientation markings that are similar to the illustration shown in this paragraph, on two opposite vertical sides ofthe package with the arrows pointing inthe correct upright direction. The arrows must be either black or red on white or other suitable contrasting background and commensurate with the size ofthe package. (Depicting a rectangular border aronnd the arrows is optional.)
o. 49 C.F.R. § 172.400(a) in that Premier offered for transportation a hazardous material in one ofthe packages or containment devices listed in this subpart and failed to label the package or containment device with the labels specified for the material inthe §172.101 Table and in this subpart. p. 49 C.F.R. § 172.600(c)(1) in that Premier offered for transportation a hazardous material and failed to malce the emergency response information conforming to this subpart immediately available for use at all times the hazardous material was present.

7q. 49 C.F.R. § 172.600(c)(2) in that Premier offered for transportation a hazardous material and failed to make emergencyresponse information including the emergency response telephone number, immediately available to any government agency responding to an incident involving hazardous materials or conducting aninvestigation whichinvolves a hazardous material.
r. 49 C.F.R. § 172.702(a) in that Premier offered a hazardous material for transportation and failed to ensure that each ofits hazmat employees was trained in accordance with the requirements prescribed inthis subpart.
s. 49 C.F.R. §§ 172.702(a) and 172.704(a)(l) in that Premier offered a hazardous material for transportation and failed to ensure that its hazmat employee training included general awareness/familiarity training designed to provide familiarity withthe requirements of this subchapter and to enable the employee to recognize and identify hazardous materials consistent with the hazard communication standards ofthis subchapter. t. 49 C.F.R. §§ 172.702(a) and 172.704(a)(2) in that Premier offered a hazardous material for transportation and failed to ensure that its hazmat employeetraining included function specific training concerning requirements ofthis subchapter which were specifically applicable to the functions the employee performed.
u. 49 C.F.R. §§ 172.702(a) and 172.704(a)(3) in that Premier offered a hazardous material for transportation and failed to ensure that its hazmat employee training included safety training concerning
- (i) emergency response information; (ii) measures to protect the employee from hazards associated with hazardous materials to whichthey may be exposed inthe work place, including specific measures the hazmat employer has implementedto protect employees

8from exposure; and (iii) methods and procedures for avoiding accidents, such as theproper procedure for handling packages containing hazardous materials.
v. 49 C.F.R. §§ 172.702(a) and 172.704(a)(4) in that Premier offered a hazardous material for transportation and failed to ensure that each ofits hazmat employees received training that provides an awareness ofsecurity risks associated withhazardous materials transportation and methods designed to enhance transportation safety, including a component covering howto recognize and response to possible security threats.
w. 49 C.F.R. §§ 172.702(a) and 172.704(a)(5) in that Premier offered a hazardous material for transportation and failed to ensure that each ofits hazmat employees received training concerning the required security plan and its implementation, including company security objectives, specific security procedures, employee responsibilities, actions to take inthe event ofa security breach, and the organizational security structure.
x. 49 C.F.R. § 172.702(b) inthat Premier failed to insure that except as provided in §172.704(c)(l), a hazmat employee who performs any function subject to the requirements of this subchapter may not perform that function unless instructed in the requirements ofthis subchapter that apply to that function. It is the duty ofeachhazmat employerto comply with the applicable requirements ofthis subchapter and to thoroughly instruct each hazmat employee in relationthereto. y. 49 C.F.R. § 173.1(b) inthat Premier offered a hazardous material for transportation and failed to follow its duty to instruct each ofits officers, agents, and employees having responsibility for preparing hazardous materials for shipment as to applicable regulations ofthis subchapter.

9z. 49 C.F.R. § 173.173 in that Premier offered for transportation a package containing paint whenthe §172.101 Table specified that it be packaged as prescribed under §173.202 ofthis part ifit is a Packing Group II material or §173.203 ofthis part ifit is a Packing Group IIImaterial.
aa. 49 C.F.R. § 173.202 inthat Premier offered for transportation a package containing liquid hazardous material inPacking Group II when §172.10I ofthis subchapter specified that it be packaged under this section and failed to use non-bulk packagings prescribed inthis section conforming to the general packaging requirements ofsubpart B ofpart 173, to the requirements ofpart 178 ofthis subchapter at the Packing Group I or II performance level (unless otherwise excepted), and to the requirements ofthe special provisions ofColumn 7 ofthe §172.101 Table. 2. Pursuant to 49 U.S.C. § 5123(a), Respondent is subject to a civil penalty not to exceed $$75,000 for each violation ofthe Hazardous Materials Regulations (or $175,000 if death, serious illness, or severe injury to any person or substantial destruction ofproperty resulted) 3. Under the facts and circumstances ofthis case and in accordance withthe Administrator's Sanction Guidance in FAA Order 2150.3B, Appendix C, a civil penalty of $69,000 is appropriate for the violation(s) in this case.

10WHEREFORE, the Complainantrespectfully requests that the Administrative LawJudge enter an order that Respondent be assessed a civil penalty inthe amount of$69,000.

Date:



# ~ **~** {_
- ( (, Respectfully submitted, Peter J. Lynch Assistant ChiefCounsel

for Enforcement By:



## e'/~··2--r··~·~~ CHRISTOPHERR. STEVENSON Attorney Enforcement Division, SouthernTeam 1701 Columbia Avenue, College Park, GA 30337 email: chris.stevenson@faa.gov Telephone: (404) 305-5200 (main) (404) 305-5208 (direct) (404) 305·5223 (facsimile)

NOTE: Pursuant to 14 C.F.R. § 13.209(a), a written answerto a complaint must be filed no later than thirty (30) days after service ofthe complaint.

11CERTIFICATE OF SERVICE I hereby certify that onthis date, I have sent by U.S. Certified Mail- return receipt requested, a copy ofthe foregoing complaint in the matter ofPremier Nail Source, FAA Docket No. CP-Not Yet Assigned, Case No. 2015S0700062, to: President PremierNail Source, Inc. 5454 W. Crenshaw Street Tampa, FL 33634 In addition, I hereby certify that on this date, I have sent by U.S. Certified Mail

- return receipt requested, the original and one copy ofthe foregoing document to: Hearing Docket Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000



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