UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

EXTREME ENERGY SOLUTIONS, INC. 

FDMS NO. FAA-2015-1322 

(Civil Penalty Action) 

AGENCY'S SUPPLEMENTAL FILING ON THE NUMBER AND CATEGORY OF 

REGULATIONS IT IS CHARGING 

In accordance with the Order served on October 21,2016, the Agency provides the following 

on the number and category of the regulations the violations of which it is charging in this 

matter. 

The Agency alleges that based on the facts set forth in Section II of the complaint, Extreme 

Energy Solutions, Inc., violated each of the 13 regulations cited in Section III of the complaint. 

Six of these regulations (49 C.F.R. §§ 172.201(d), 172.202(a), 172.203(£), 172.204(a), 

172.204(c)(2), and 172.204(c)(3)) specify matters required to be included in the shipping paper, 

so proof with respect to any one of them also establishes a violation of 49 C.F.R. § 172.200(a) as 

well as 49 C.F.R. § 171.2(e). Similarly, 49 C.F.R. § 172.301(a) specifies specific markings, so 

proof with respect to it also establishes a violation of 49 C.F.R. § 172.300(a) as well as 49 C.F.R. 

§ 171.2(e). 49 C.F.R. § 172.400(a) requires that packages be labeled with the label(s) specified 

for the material in the§ 172.101 table and in subpart E of 49 C.F.R. part 172, so proof with 

respect to it also establishes a violation of 49 C.F.R. § 171.2(e). Lastly, 49 C.F.R. §§ 172.600(c) 

and 172.604(a) set forth requirements for emergency response information and a telephone 

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number to call if that information were needed. Proof with respect to either regulation also 

establishes a violation of 49 C.F.R. § 171.2(e). 

While the Agency is alleging 13 separate regulatory violations, in accordance with the 

Agency policy set forth in FAA Order 2150.3B, it is not seeking a specific amount for each 

regulatory violation. Rather, the sanction sought is based on the categories of violations. Here 

there are four: shipping paper, marking, labeling, and emergency response information. 

DATED this 15th day ofNovember 2016. 

Naomi Tsuda 

Assistant Chief Counsel 

for Enforcement 

By: 

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; l 1.< 

/·/ ~ 

Getll1H. 1.Brown 

Enforcement Division, Western Team 

222 W 7th A venue Box 14 

Anchorage, AK 99513-7587 

email: g1enn.brown@faa.gov 

telephone: (907) 271-5271 (direct) 

(907) 271-2800 (fax) 
CERTIFICATE OF SERVICE 

Re: Extreme Energy Solutions, Inc. 

FDMS No. FAA-2015-1322 

I hereby certify that on this date I have served a copy of the Agency's Supplemental Filing on the 

Number and Category of Regulations It is Charging by postage-prepaid, certified mail, return 

receipt requested, and by facsimile transmission to the following: 

Judge I.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

US Department of Transportation 

1200New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

Fax: (202) 366-7536 

Mr. Samuel K. Burlum, President/CEO 

Extreme Energy Solutions, Inc. 

15 0 Main Street 

Ogdensburg, NJ 07439 

Fax: 973-209-4 796 

I further certify that on this date I have served the original and one copy of the Agency's 

Supplemental Filing on the Number and Category of Regulations It is Charging by postageprepaid, certified mail, return receipt requested and facsimile, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 000 

Fax: (202) 493-5020 

DATED: 

; 

_ _A _.v / ) /IJ L.-?L10 

Federal Aviation Administration 

Office of Regional Counsel 

222 West 7th A venue, Box 14, AAL-7 

Anchorage, Alaska 99513-7587 

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