U.S. Department 

of Transportation 

Federal Aviation 

Administration 

MAY 2 7 2015 

Office of the Regional Counsel, 

Western-Pacific Reg ion 

AWP-7.4 

P.O. Box 92007 

Los Angeles, California 90009-2007 

(310) 725-7103 Telephone 

(310) 725-6816 Facsimile 

Courtney.Adolph@faa.gov 

CERTIFIED MAIL RETURN RECEIPT REQUESTED AND REGULAR MAIL 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building -- Suite 2Wl 000 

Re: In the Matter of Starco, d/b/a Four Star Chemical; Case No. 2014NM730053 

Enclosed is a copy of a request for hearing dated May 13, 2015, and the original and one 

copy of the Complaint in the above-referenced proceeding. 

I request that the hearing in this matter be held in the Los Angeles, California area, and 

expect that the hearing will last one (1) day. 

Please address all communications for the Regional Counsel of the Western-Pacific Region, 

to the undersigned, at: Office of the Regional Counsel, A WP-7 .4, Federal Aviation 

Administration, Western-Pacific Region, P. 0. Box 92007, Los Angeles, CA 90009-2007, 

Telephone: (310) 725-7128, FAX: (310) 725-6816. 

Carey Terasaki 

Acting Regional Counsel 

By: 

Enclosures: Request for Hearing; Complaint; Certificate of Service 

RECEIVED 

JUN 0 1 2015 

HEARING DOCKET 

d-0\6- (318 

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

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT 

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

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

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

cc: AHW-410; ANM-730 
May 12,2015 

VIA CERTIFIED MAIL 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building, Suite 2Wl 000 

RE: Hearing Request for Four Star Chemical Co., Case No. 2014NM730053 

Dear Sir or Madam: 

Pursuant to 14 CFR 13.16(g)(2)(ii) and (h), Four Star Chemical Company ("Four Star") hereby 

respectfully requests a hearing in which to contest the allegations and penalty contained in the 

April30, 2015 Final Notice of Proposed Civil Penalty ("Penalty Notice") issued to Four Star 

(enclosed herein). Four Star denies that it violated any of the laws and! or regulations identified 

in the Penalty Notice. Moreover, even if any violations did occur, the assessed penalty is 

excessive, unsupported, and unreasonable. Four Star also requests that the hearing be conducted 

in or near Los Angeles County, California. 

Please direct future correspondence concerning this matter to: 

Tiffany Hedgpeth 

Edgcomb Law Group, LLP 

333 N. Glenoaks Blvd., Suite 6!00 

Burbank, CA 91502 

T: 818-861-7618 

F: 818-861-7616 

En;;ail:--th~~~tr@~~omb-law.com 

Josh Ulrich 

3.137 ~ 2(/" cf'~., ..£r..t. d--.yeb-4, Ce4-9005B 

(323) 266-71.1.1• (BOO) 2g3-626.l/., (32.3) 526-3969 :Fax 
----- ~·· 

------- ·-~----.-~--~ -~--------

Four Star Chemical Company 

Cc: Courtney Adolph (Via Electronic and U.S. Jviaii) 

Tiffany Hedgpeth (Via Electronic Mail) 

I 31'37~ 

L (323)266-

----·-----

~-'<e=t: "' ~, GJ-900SB 

01 (l/00) .2¥.T-626¥ e (3.23) 5.26-3969 !Tax 
us.~ 

of~ 

fediMll Avll:llicn 

Al*ni!Mulloi• 

APR3020l5 

P.O. Box 92007 

Los Angdes. CalifOODa '.1000')-20111 

(310) 725-71211 T~ 

(310)725-QI6 ~ 

~.}!~goy 

Case No. 2014N.M130053 

CERutn:p MAD. RETURN RECEIPT REOJ!ESTID AND REGULAR MAIL 

President 

Four Star Chemical 

3137 East 26ih Street 

l.os Angeles. CA 90058 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On August 22,2014, Four Star Chemical was advised through a Notice of Proposed Civil 

Penalty that the Federal Aviation Administration (FAA) proposed to assess a civil penalty in 

the amount of$70,000.00. As of April28, 2015, the parties have been unable to resolve this 

matter. 

After considering all the evidence in this matter, including the information you provided in 

your response to the Notice and that presented at the informal conference held on November 

17,2014, it appears that: 

1. On or about April IS, 2014, Four Star Chemical knowingly offered to United Parcel 

Service (UPS) a non-bulk, one-piece shipment for transportation from Los Angeles, 

California, to Prudhoe Bay, Alaska. 

2. The above shipment was assigned UPS Tracking Nwnber 1Z9914210355354673, and 

included two inner boxes each of which contained twelve aerosol canisters of SYNDEX 

Safe II Electronics Cleaner. 

3. · An aerosol canister of SYNDEX Safe II Electronics Cleaner is classified as a hazardous 

material under the§ 172.101 of the United States Department of Transportation 

Hazardous Materials Regulations (HMR), 49 C.F.R. Chapter I, Subchapter C (Parts 171-

80) .. lts proper shipping name is "Aerosols, Flammable, n.o.s." It is in hazard class 2.1, 

and has an assigned identification nwnber of UN1950. 

4. At the time Four Star Chemical offered the above shipment, it did not provide a 

Shipper's Declaration for Dangerous Goods to UPS. 

5. At the time Four Star Chemical offered the above shipment, the shipment was not 

accompanied by shipping paper that contained an emergency response telephone number 

as prescribed in subpart G of part 172 of the HMR. 

6. At the time Four Star Chemical offered the above-described shipment ofbazardous 

material for transportation, there was no shipping description of the hazardous material 
2 

oo the shipping paper ide:ntificationnun1ber p:rescribed fbrthe material 

llS sho\'v'n in Column § l table, !he proper shipping name prescribed 

the material § l 0 l table, the ha:e:md or division number 

prescribed for the material as shOI\·11 in Column (3) of !he§ l lable, or lhetolal 

qulllltity of hazlm:lous materials by the description. 

7. At the time Four Stm Chemical offered the above-described hllZl!l"dollS material for 

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

§ !1:t204(a)(l) of the HMR or declaration contained § 1 of the HMR 

8. the time Four Star Chemical offered the above-described hazardollS material fo:r 

transpottation, while the inner boxes referenced in para1,>raph 2 bore ~Level 3 Aerosor 

and "Limited Quantity" marking and label, the exterior of the shipment was not marlced 

or labeled in any manner !hat indicated the hazardous nature of its contems. 

9. At the time Four Star Chemical offered the above-described hazardous ma1erial for 

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

and the assigned identification number (preceded by "UN." ''NA," or "ID." as 

appropriate) of each hazardous material contained in it. 

!0. At the time Four Star Chemical otiered the above-described hazardous material for 

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

package containing it. 

1 J. At the time Four Star Chemical offered the above shipment, no emergency response 

information conforming to subpart G of part 172 of the HMR, including the emergency 

response telephone number, was immediately available at all times the hazardous 

material was present during transportation, and at facilities where hazardous materials 

ate loaded for transportation or otherwise handled during any phase of transportation, 

for use by anyone who responds to an incident involving a hazardous materiaL 

Based on the foregoing facts and circumstances. Four Star Chemical appears to have 

violated the following Depanmem of Transportation Hazardous Materials Regulations: 

(a) Section 171.2(e) in that Four Star Chemical 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, 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 Four Star Chemical offered a hazardous material for 

transportation without describing the ha?..ardous material on the shipping paper in 

the manner required by subpart C of part I 72 of the HMR 

(c) Section !72.201 (d) in that Four Slar Chemical offered hazardous material tor 

tr<111sportation when the shipping paper did not contain an emergency response 

telephone number as prescribed in subpart G of part 172 of the HMR. 
3 

(d) Section l 72.202(a) in that Four Star Chemical offered ha2ardous material for 

tnmspO:rtl!.tion when there was no shipping description of the ha2ardous material oo 

the shipping paper that included the identification number pu:saibed for the 

mllterialushown in Column (4) of the§ 172.10! table, thepopershippingmme 

pmtribed for the ntatmal in Column (2) of the§ 172.10! table, theblmlrd class or 

division number preseribed for the material as shown in Column (3) of the 

§ I 72. l 0 l table, or the total quantity of h!wrrdous materials covered by the 

dasaiption. 

(e) Section 1 72.204(a) in that Four Star Chemical offered h!wmious material for 

tnmspO:rtl!.tion when the shipping paper did not include the certificatioo contained 

in§ 172.204(aXl) of the HMR or the declaration contained in§ 172204(aX2) of 

theHMR. 

(f) Section 172.300(a) in that Four Star Chemical 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. 

(g) Section 172.301 (a)( I) in that Four Star Chemical offered hazardous material for 

transportation 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. 

(h) Section 172.400(a) in that Four Star Chemical offered a non-bulk package 

containing h=dous material for transportation when the package was not labeled 

with the labels specified for the material in the§ 172.101 table and subpart E of 

part 172 of the HMR. 

(i) Section 172.600(c) in that Four Star Chemical offered hazardous material for 

transportation when emergency response information confom1ing to subpart G of 

part 172 of the HMR, including the emergency response telephone number, was 

not immediately available for use at all times the hazardous material was present. 

(j) Section 172.604(a) in that Four Star Chemical 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. 

In accordance with Section 5123(a) of title 49 of the United States Code (Transportation) 

(49 U.S.C. Section 5!23(a)), Four Star Chemical is liable for a civil penalty not lower 

than $450.00 for training violations, nor greater than $75,000 (or $175,000 for violations 

resulting in death, serious illness, or severe injury to any person, or substantial destruction 

of property) for each violation of the Department of Transportation Hazardous Materials 

Resulations. Considering all the facts and circumstances, we propose to assess a civil 

penalty in the amount of $70,000.00. 

Unless you mail or personally deliver, in writing, the request for a hearing in this ntatter, Oil 

or before ! 5 days lifter you receive this Final Notice, 1.ve will issue an Order Assessing Civil 

Penalty and Four Star Chemical will have no further right to a hearing. If a written request 

for a hearing is not submitted, the civil penalty must be paid. 
sem w: (l) 

Attentioo: Hellring Docket AGC-430, Wilbur Wright Billlmng-Room 2\VIOOO: 

fur oomm,erci~ eWited courier (overnight mail) - Federnl Aviation AdmimSlmi.ion,. 64:10 

Independence Avenue. SW .. \\'ilbur Wright Building. Suite 2W!OOO, W:asllinglon, OC 

20591, Attention: Hellring Docket Clerk, AGC-430; (3} a copy MUST san to the 

unde~Signed FAA attorney in the Oi!ice of the Region~ Cmmsel, P.O. Box 92007, Los 

Angeles, 90009-2007, (3 725- _Your request must be dated and signed, in 

accordance whh Section !3. 16 the Federal/\ \~ation Regulations_ sem to von wiili !he - . , 

Notice ofProposed Civil Penalty (14 CF.R !3.16). 

Please pay the proposed penalry by submitting a ciL'i!Jier's check, certified check. or money 

order payable to the "Federa.l Aviation Administration", to Fi\All\1MAC Al\·fK-31?, PO 

Box 25770. Oklahoma City. OK 73125. 

You may pay your civil penalty with a credit card over the lntcmet To pay electronic~ly, 

visl! the web site at http://www.pav,gov. Under the "Search Public Forms" option located 

on the left side of the page, type FWP-FINE I and press "Go." On the page entiiled ''Search 

Public Forms," scroll to the bottom of the page and enter "Next Page." Click on "FAA Civil 

Penalty Payments- Western-Pacific Region," follow the prompts to complete the 

requested information and click "submit" to pay by credit card. Please advise me ofthe date 

of any payment made over the Internet. 

Naomi Tsuda 

Regional Counsel 

By: l_k/~ 

~dolph 

Attomcy 

cc: Tiffany Hedgpeth, Esq. 

Edgcomb Law Group, LLP 

333 N. Glenoaks Blvd., Suite 610 

Burhank, CA 91502 

AHW -41 0 (SEA·SECI-'0) 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

In the Matter of Starco, d/b/a 

Fonr Star Chemical, 

Respondent. 

JUDGE NOT ASSIGNED 

FAA DOCKET: NOT ASSIGNED 

FAA CASE NO.: 2014NM730053 

COMPLAINT 

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

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

I. 

1 

Respondent, Starco d/b/a Four Star Chemical, was advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of 

$70,000.00. On May 13,2015, Respondent submitted a written request for a hearing. 

II. 

1. On or about April 15, 2014, Four Star Chemical, Respondent, knowingly offered to 

United Parcel Service (UPS) a non-bulk, one-piece shipment for transportation from Los 

Angeles, California, to Prudhoe Bay, Alaska. 

2. The above shipment was assigned UPS Tracking Number 1Z9914210355354673, and 

included two inner boxes each of which contained twelve aerosol canisters of SYNDEX 

Safe II Electronics Cleaner. 
2 

3. An aerosol canister of SYNDEX Safe II Electronics 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, n.o.s." It is in hazard class 2.1, and has an assigned 

identification number of UN1950. 

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 shipment was not accompanied 

by shipping paper that contained an emergency response telephone number as prescribed in 

subpart G of part 172 of the HMR. 

6. At the time Respondent offered the above-described shipment of hazardous material for 

transportation, 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§ 172.101 table, or the total quantity of hazardous 

materials covered by the description. 
7. At the time Respondent offered the above-described hazardous material for 

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

§ 172.204(a)(l) of the HMR or the declaration contained in§ 172.204(a)(2) of the HMR. 

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

transportation, while the inner boxes referenced in paragraph 2 bore "Level 3 Aerosol" and 

"Limited Quantity" marking and label, the exterior of the shipment was not marked or 

labeled in any manner that indicated the hazardous nature of its contents. 

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

3 

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

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

each hazardous material contained in it. 

10. 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. 

11. At the time Respondent offered the above shipment, no emergency response 

information conforming to subpart G of part 172 of the HMR, including the emergency 

response telephone number, was immediately available at all times the hazardous material 

was present during transportation, and at facilities where hazardous materials are loaded for 

transportation or otherwise handled during any phase of transportation, for use by anyone 

who responds to an incident involving a hazardous material. 
4 

III. 

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

Department of Transportation Hazardous Material Regulations (Title 49, Part 171 et. seq., 

Code of Federal Regulations): 

(a) Section l7!.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 ofthe HMR, or an exemption, 

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

Chapter I of Title 49, Code of Federal Regulations. 

(b) Section l72.200(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 part 172 of the HMR. 

(c) Section l72.20l(d) in that Respondent offered hazardous material for 

transportation when the shipping paper did not contain an emergency response 

telephone number as prescribed in subpart G of part 172 of the HMR. 

(d) Section l72.202(a) in that Respondent offered hazardous material for 

transportation when 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) of the§ 172.101 table, the proper shipping name 
5 

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) of the 

§ 172.101 table, or the total quantity of hazardous materials covered by the 

description. 

(e) 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)(l) ofthe HMR or the declaration contained in§ 172.204(a)(2) of 

theHMR. 

(f) 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. 

(g) Section 172.30l(a)(l) in that Respondent offered hazardous material for 

transportation 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. 

(h) Section 172.400(a) in that Respondent offered a non-bulk package containing 

hazardous material for transportation when the package was not labeled 
with the labels specified for the material in the § 172.1 01 table and subpart E of 

part 172 of the HMR. 

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

transportation when emergency response information conforming to subpart G of 

part 172 of the HMR, including the emergency response telephone number, was 

not immediately available for use at all times the hazardous material was present. 

6 

G) 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. 

IV. 

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

(Transportation) [(49 U.S.C. Section 5123 (a)], Respondent is liable for a civil penalty 

than $450.00 for training violations, nor greater than $75,000 (or $175,000 for violations 

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

property) for each violation ofthe U.S. Department of Transportation Hazardous Materials 

Regulations. 

2. Under the facts and circumstances of this case, a civil penalty of$70,000.00 

is appropriate. 
CERTIFICATE OF SERVICE 

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

States mail, postage prepaid, certified mail, the executed original and faxed one copy of the 

Complaint, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

Facsimile: (202) 267-1293 

I further certify that on this date I have placed in the United States mail, postage 

prepaid, certified mail, a true copy of the Complaint, addressed as follows: 

President, Four Star Chemical 

313 7 East 26'h Street 

Los Angeles, CA 90058 

Tiffany Hedgpeth, Esq. 

Edgcomb Law Group, LLP 

333 N. Glenoaks Blvd., Suite 6100 

Burbank, CA 91502 

Dated: May ?...7, 2015 

~~ 

r:h---1:1! 

Paralegal Specialist 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California 

8