U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Office of the ChiefCounse1 

U.S. CERTIFIED MAIL, RETURN-RECEIPT REQUESTED 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 2059b 

Attn: Hearing Docket.Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl000 

RE: In the matter of Premier Nail Source, Inc. 

FAA Docket No. Not Yet Assigned; Case No. 2015S0700062 

Enforcement Division 

Southern Team 

1701 Columbia Avenue 

College Park, GA 30337 

Enclosed are the original and one copy of the complaint in the above-referenced case. The 

Complainant requests that the hearing be held in Tampa, Florida and expects that the hearing in 

this case will last one day. All correspondence to the Complainant in this matter should be 

directed to Christopher R. Stevenson, at: 

Enforcement Division, Southern Team 

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) 

Respectfully, 

//·;;::::/~7 ,/ (//. c.c=""l~-----~-

cHRISTOPHER R. STEVENSON 

Enforcement Division, Southern Team 

1701 Coltm1bia Avenue, College Park, GA 30337 

email: chris.stevenson@faa.gov 

Telephone: : (404) 305-5200 (main) 

(404) 305-5208 (direct) 

· ·· (404) 305,5223 (facsimile) 

Enclosure 
I would like to request a formal hearing in EIR # 201550700062 Premier Nail Source. We feel the 

proposed settlement is unjust do to the fact that this shipment was accidental and we have taken 

measures to correct these actions from futher happening again. 

Thanks, 

Daniel Kerzner 

Premier Nail Source 

5454 west Crenshaw St. 

813-390-0700 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the matter of: 

Premier Nail Source, Inc. 

JUDGE NOT ASSIGNED 

) 

) 

) 

) 

FAA Docket No. CP- Not Yet Assigned 

Case No. 2015S0700062 

COMPLAINT 

The Complainant hereby files its Complaint, pursuant to Rule 208 of the Ru1es of 

Practice in FAA Civil Penalty Actions (14 C.F.R. § 13.208), and states as follows: 

I. 

Respondent Premier Nail Source was advised through aN otice of Proposed Civil Penalty 

dated June 11,2015 and by a Final Notice of Proposed Civil Penalty dated February 22, 2016, 

that the FAA proposed to assess a civil penalty in the amount of $69,000. By a letter dated 

February 26, 2016, Respondent requested a hearing. The Enforcement Division, Southern Team 

received Respondent's written request for a hearing on February 29,2016. 

II. 

1. On or about November 28,2014 Premier Nail Source, Inc., d/b/a Premier Nail 

Internationallmowingly offered to Federal Express (FedEx) a one-piece shipment consisting of a 

non-specification fiberboard box containing hazardous materials for transportation by air. 

2. The above-mentioned shipment was assigned FedEx tracking number 

624869440816 for International Priority Air Service. The shipment was offered by Premier for 

transportation to the consignee, Georgette Sands, The Nail Lounge, Parliement St. Bid. 14, 

Nassua, EE 17161, Bahamas. 

1 
3. At all times mentioned herein, the above-mentioned shipment was not 

accompanied by a Shipper's Certification or Declaration of Dangerous Goods. 

4. On or about November 28, 2014, ground-handling personnel at a FedEx facility in 

Tampa inspected the above-mentioned shipment on suspicion that it contained hazardous 

materials. 

5. The above-mentioned fiberboard box contained: 

6. 

a. Six ( 6) 2-ounce plastic bottles of CND Shellac Nourishing Remover 

marked extremely flannnable; and 

b. 

(a) 

Six (6) 0.5-ounce glass bottles of Develop 10 Program. 

CND Shellac Nourishing remover is classified as a hazardous material 

under the Department of Transportation Hazardous Materials Regulations (HMR) ( 49 C.F.R. 

§ 172.101). 

(b) The proper shipping name of the material is Flammable liquid, n.o.s. 

(Acetone). It is in Hazard Class 3 (Flannnable Liquid), Packing Group II, and has an assigned 

identification number of UN 1993. The proper label is Flannnable Liquid. 

7. (a) Develop 10 Program is classified as a hazardous material under the 

Department of Transportation Hazardous Materials Regulations (HMR) (49 C.F.R. § 172.101). 

(b) The proper shipping name of the material is Paint. It is in Hazard Class 3 

(Flammable Liquid), Packing Group II, and has an assigned identification number of UN 1263. 

The proper label is Flammable Liquid. 

8. Premier offered the above-described shipment ofliquid hazardous materials for 

transportation by air and failed to package it correctly for air transportation. 

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9. Premier offered the above-described shipment of hazardous 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 of each hazardous material; 

(f) the number and type of packages containing hazardous material; 

(g) a statement indicating that the shipment is within the limitations 

prescribed for either passenger and cargo aircraft or cargo aircraft only; and 

(h) the technical name in parentheses. 

10. Premier offered the above-described shipment of hazardous 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 on the shipping papers the certification set forth in§ 172.204(a)(l ), 

172.204(a)(2), or § 172.204(c) of the 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 of the applicable air transport requirements have 

been met." 

11. Premier offered the above-described shipment of hazardous materials for 

transportation by air when: 

3 
(a) the outer container was not marked with the proper shipping name of each 

hazardous material contained therein; 

(b) the outer container was not marked with the assigned identification 

number of each hazardous material contained therein; 

(c) the outer container was not marked with standard orientation markings (as 

prescribed in 49 C.F.R. § 172.312(a)) on two opposite vertical sides of the package with the 

arrows pointing in the correct upright direction; and 

(d) a "FLAMMABLE LIQUID" label was not affixed to the outer container. 

12. Premier offered the above-described shipment of hazardous 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 of hazardous 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 of hazardous material for 

transportation by air and failed to ensure that each of its hazmat employees was trained in 

accordance with the prescribed requirements as set forth in Section 172.704. 

15. Premier offered the shipment of hazardous materials for transportation by air and 

failed to instruct each of its officers, agents, and employees having responsibility for preparing 

the shipment as to the applicable regulations. 

16. Premier offered the shipment of hazardous materials for transportation by air and 

failed to use an authorized packaging for its transportation. 

4 
III. 

1. By reason ofthe foregoing, Respondent violated: 

a. 49 C.P.R. § 171.2(e) in that Premier offered or transported a hazardous material 

for transportation in commerce when the hazardous material was not properly classed, described, 

packaged, marked, labeled, and in condition for shipment as required or authorized by applicable 

requirements of this subchapter, or an exemption, approval, or registration issued under this 

subchapter or under subchapter A of this 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 shown in Colunm 4 of the § 

172.101 Table, in the 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 of the § 

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 of the§ 172.101 Table. 

5 
f. 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 per package, unless a gross mass is indicated in Columns (9A) or 

(9B) of the § 172.101 Table in which case the total gross mass per package must be shown; or , 

for Class 7 materials, the quantity of radioactive must be shown by 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 of packages (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 within the limitations prescribed 

for either passenger and cargo aircraft or cargo aircraft only was not entered on the 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 of the hazardous material was not entered in 

parentheses in association with the 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 subchapter by printing on the shipping paper containing the required shipping 

description one of the certifications set forth in this part. 

k. 49 C.F .R. § 172.204( c )(2) in that Premier offered a hazardous material to an 

aircraft operator for transportation by air and failed to provide two copies of the certification 

required in this section. 

6 
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 

in this section the following statement: 

"I declare that all of the applicable air transport requirements have been met." 

m. 49 C.F.R. § 172.30l(a) in that Premier offered for transportation a hazardous 

material in a non-bulk packaging and failed to mark the package with the 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 of the package with the arrows pointing 

in the correct upright direction. The arrows must be either black or red on white or other suitable 

contrasting background and commensurate with the size of the 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 of the packages or containment devices listed in this subpart and failed to label 

the package or containment device with the labels specified for the material in the § 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. 

7 
q. 49 C.F .R. § 172.600( c )(2) in that Premier offered for transportation a hazardous 

material and failed to make emergency response information including the emergency response 

telephone number, immediately available to any government agency responding to an incident 

involving hazardous materials or conducting an investigation which involves 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 of its hazmat employees was trained in accordance 

with the requirements prescribed in this 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 with the requirements of 

this subchapter and to enable the employee to recognize and identify hazardous materials 

consistent with the hazard communication standards of this 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 employee training included 

function specific training concerning requirements of this 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 which they may be exposed in the work 

place, including specific measures the hazmat employer has implemented to protect employees 

8 
from exposure; and (iii) methods and procedures for avoiding accidents, such as the proper 

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 of its hazmat employees received 

training that provides an awareness of security risks associated with hazardous materials 

transportation and methods designed to enhance transportation safety, including a component 

covering how to 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 of its hazmat employees received 

training concerning the required security plan and its implementation, including company 

security objectives, specific security procedures, employee responsibilities, actions to take in the 

event of a security breach, and the organizational security structure. 

x. 49 C.F.R. § 172.702(b) in that 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 of this 

subchapter that apply to that function. It is the duty of each hazmat employer to comply with the 

applicable requirements of this subchapter and to thoroughly instruct each hazmat employee in 

relation thereto. 

y. 49 C.F.R. § 173.1(b) in that Premier offered a hazardous material for 

transportation and failed to follow its duty to instruct each of its officers, agents, and employees 

having responsibility for preparing hazardous materials for shipment as to applicable regulations 

ofthis subchapter. 

9 
z. 49 C.F.R. § 173.173 in that Premier offered for transportation a package 

containing paint when the § 172.101 Table specified that it be packaged as prescribed under 

§ 173.202 of this part if it is a Packing Group II material or § 173.203 of this part if it is a Packing 

Group III material. 

aa. 49 C.F.R. § 173.202 in that Premier offered for transportation a package 

containing liquid hazardous material in Packing Group II when § 172.10 I of this subchapter 

specified that it be packaged under this section and failed to use non-bulk packagings prescribed 

in this section conforming to the general packaging requirements of subpart B of part 173, to the 

requirements of part 178 of this subchapter at the Packing Group I or II performance level 

(unless otherwise excepted), and to the requirements of the special provisions of Column 7 of the 

§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 of the Hazardous Materials Regulations (or $175,000 if 

death, serious illness, or severe injury to any person or substantial destruction of property 

resulted) 

3. Under the facts and circumstances of this case and in accordance with the 

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. 

10 
WHEREFORE, the Complainant respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of$69,000. 

Date: ~ ~ {_ - ( (, 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

for Enforcement 

By: e'/~··2--r··~·~~ 

CHRISTOPHER R. STEVENSON 

Attorney 

Enforcement Division, Southern Team 

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 answer to a complaint must be filed no later 

than thirty (30) days after service of the complaint. 

11 
CERTIFICATE OF SERVICE 

I hereby certify that on this date, I have sent by U.S. Certified Mail- return receipt 

requested, a copy of the foregoing complaint in the matter of Premier Nail Source, FAA Docket 

No. CP-Not Yet Assigned, Case No. 2015S0700062, to: 

President 

Premier Nail 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 of the foregoing document to: 

Hearing Docket 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

j~1~,~~ 

12