U.S. Department of Transportation Federal Aviation Administration MAY 2 7 2015 Office ofthe 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 REGULARMAIL Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building
-- Suite 2Wl000 Re: Inthe Matter ofStarco, d/b/a Four Star Chemical; Case No. 2014NM730053 Enclosed is a copy ofa request for hearing dated May 13, 2015, and the original and one copy ofthe Complaint inthe above-referenced proceeding. I request that the hearing in this matter be held inthe Los Angeles, California area, and expectthatthe hearing will last one (1) day. Please address all communications for the Regional Counsel ofthe Western-Pacific Region, to the undersigned, at: Office ofthe Regional Counsel, AWP-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 ofService 

# RECEIVED JUN 01 2015 

## HEARING DOCKET 

# d-0\6- (318

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE REQUIRE THAT A WRITTEN ANSWERTO THE COMPLAINT BE FILED NOT LATERTHAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BEFILED PURSUANT TO SECTION 13.208(D) OR SECTION 13.218(F)(1-4) OF THE RULES OF PRACTICE.
cc: AHW-410; ANM-730May 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 2Wl000 

### RE: Hearing Request for Four StarChemical 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 ofProposed Civil Penalty ("Penalty Notice") issued to Four Star (enclosed herein). Four Star denies that it violated any ofthe laws and!or regulations identified in the Penalty Notice. Moreover, even ifany 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



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### APR3020l5 P.O. Box92007 LosAngdes.CalifOODa '.1000')-20111 (310)725-71211

**T~** (310)725-QI6

**~**

**~.}!~goy** Case

### No. 2014N.M130053 

### CERutn:pMAD.

### RETURN RECEIPT REOJ!ESTIDAND REGULARMAIL President Four 

### Star Chemical 

### 3137 

### East26ih Street 

### l.os Angeles. 

### CA 90058 FINALNOTICE OF PROPOSED CIVILPENALTY On August 22,2014,Four Star Chemical 

### was advised through aNotice ofProposed Civil 

### Penalty thatthe Federal Aviation Administration (FAA) 

### proposed to assess 

### a civil penalty 

### in the amount of$70,000.00. As ofApril28, 2015, the partieshave been

### unable to

### resolvethis matter. After considering all the evidence in this matter, including the information youprovided in your response to the 

### Notice and thatpresented at the informal conference held onNovember 17,2014, 

### itappears 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 ofwhich contained twelve aerosol canisters ofSYNDEX Safe II Electronics Cleaner. 3. · An 

### aerosol canisterofSYNDEX Safe II Electronics Cleaner is classified as a hazardous material under the§ 172.101 ofthe United States Department ofTransportation 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 ofUN1950. 4. Atthe 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 ofthe HMR. 6. At the time Four Star Chemical offered the above-described shipment ofbazardous material for transportation, there was no shipping description ofthe 

### hazardous 

### material2

oothe shippingpaper 

### ide:ntificationnun1ber p:rescribed fbrthe material 

### llS sho\'v'n in Column § l table, !he

### proper shipping nameprescribed the material § l 0l table, theha:e:md ordivision number prescribedfor the material as shOI\·11 in Column (3) of!he§ l lable, 

### orlhetolal qulllltityofhazlm:lous materials by the description. 7. Atthe time FourStm Chemical offered the above-described hllZl!l"dollS material for transportation, the shipping paperdidnot include thecertification containedin § !1:t204(a)(l) ofthe HMR or declaration contained § 1 ofthe HMR 8. thetimeFour Star Chemical offered the above-described hazardollS material fo:r transpottation, while the innerboxes referenced inpara1,>raph 2 bore

**~Level** 3 

### Aerosor and "Limited Quantity" marking and label, the exterior ofthe shipment was not marlced orlabeled in any manner !hat indicated the hazardous nature ofits 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 shippingname and the assigned identification number (preceded by "UN." ''NA," or "ID." as appropriate) ofeach 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 ofthe package containing it. 1J. At the time Four Star Chemical offered the above shipment, no emergency response information conforming to subpart G ofpart 172 ofthe 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 oftransportation, 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 ofTransportation Hazardous Materials Regulations: (a) Section 171.2(e) in thatFour 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 ofthe HMR, or an exemption, special permit, approval, or registration issued under the HMR or Subchapter A ofChapter 1ofTitle 49, Code ofFederal 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 shippingpaperin themanner required by subpart C ofpart I 72 ofthe HMR (c) Section !72.201(d) in that Four Slar Chemical offered hazardous material tor tr<111sportation when the shippingpaper did not contain an emergency response telephone number as prescribed in subpart G ofpart 172 ofthe HMR.3 

### (d) Section l72.202(a) in that Four StarChemical offered 

### ha2ardous material for tnmspO:rtl!.tion when there 

### was no shippingdescription ofthe

### ha2ardous material 

### oo 

### the 

### shipping

### paperthat includedthe identification number pu:saibed 

### forthe 

### mllterialushownin 

### Column 

### (4) ofthe§ 172.10! 

### table, thepopershippingmme 

### pmtribed

### forthe 

### ntatmal in Column 

### (2) ofthe§ 

### 172.10! table, theblmlrdclassor 

### division number

### preseribed

### for the 

### material 

### as shownin 

### Column (3)

### ofthe 

### § I72.l0l table, orthe total quantity 

### ofh!wrrdous materialscovered

### bythe 

### 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) ofthe HMR

### orthe 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 inthe manner required by subpart D ofpart 172 ofthe 

### HMR. (g) Section 172.301 (a)(I) 

### in that Four Star Chemical offered hazardous material for transportation in anon-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 

### anon-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 ofthe 

### 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 ofthe 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 emergencyresponse telephone number, including the area code or international access code, for use in the event ofan emergency involving the hazardous material. In

### accordance with Section 5123(a) oftitle 49 ofthe 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 greaterthan $75,000 (or $175,000 for violations resulting in death, serious illness, or severe injury to any person, or substantial destruction ofproperty) for each violation ofthe Department ofTransportation 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 orpersonally deliver, in writing, the request for a hearing inthis 

### ntatter, Oil 

### orbefore !

### 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. Ifa written request 

### for ahearing is not submitted, the civil penalty must be paid.

### sem w: (l) Attentioo: Hellring Docket AGC-430, Wilbur

### Wright Billlmng-Room2\VIOOO: 

### fur

**oomm,erci~** 

### eWited courier (overnightmail)

- Federnl AviationAdmimSlmi.ion,. 64:10 Independence Avenue. SW
.. \\'ilburWright Building. Suite 2W!OOO, W:asllinglon, OC 20591, Attention: Hellring Docket Clerk, AGC-430; (3} a copy MUST santo the

**unde~Signed** FAA attorney in the Oi!ice ofthe

**Region~** Cmmsel, P.O. Box92007, Los Angeles, 90009-2007, (3 725- _Yourrequest mustbe dated and signed, in accordance whh Section !3. 16 the Federal/\

**\~ation** Regulations_ sem tovon 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 ofthe page, type FWP-FINEI and press "Go." On the page entiiled ''Search Public Forms," scroll to the bottom ofthe 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 

### ofany 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 ofStarco, 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 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: I. 

### 1

Respondent, Starco d/b/a Four Star Chemical, was advised through a FinalNotice of Proposed Civil Penalty that the FAAproposed to assess a civil penalty 

### inthe amount of $70,000.00. OnMay 13,2015, Respondent submitted a written request for a hearing.

II. 1. On or about April 15, 2014, Four Star Chemical, Respondent, knowingly offeredto 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 innerboxes each ofwhich contained twelve aerosol canisters ofSYNDEX Safe II Electronics Cleaner.2

3. An aerosol canister ofSYNDEX Safe II Electronics Cleaner is classified as a hazardous material under the § 172.101 ofthe United States Department ofTransportation 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 ofUN1950.

4. Atthe 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 ofpart 172 ofthe HMR.

6. Atthe time Respondent offered the above-described shipment ofhazardous material for transportation, there was no shipping description ofthe hazardous material onthe shipping paper that included the identification number prescribed for the material as shown in Column (4) ofthe§ 172.101 table, the proper shipping name 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) ofthe§ 172.101 table, orthe total quantity ofhazardous materials coveredbythe 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) ofthe HMRor the declaration contained in§ 172.204(a)(2) ofthe 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 ofthe shipment was not marked or labeled in any manner that indicated the hazardous nature ofits 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 eachhazardous 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 ofthe package containing it.

11. At the time Respondent offeredthe above shipment, no emergency response information conforming to subpart G ofpart 172 ofthe 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 oftransportation, for use by anyone who responds to an incident involving a hazardous material.4

III. Byreason ofthe foregoing facts and circumstances, Respondent violated the following U.S. Department ofTransportation Hazardous Material Regulations (Title 49, Part 171 et. seq., Code ofFederal 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, orregistration issued under the HMR or Subchapter A of Chapter I ofTitle 49, Code ofFederal Regulations.
(b) Section l72.200(a) inthat Respondent offered a hazardous material for transportation without describing the hazardous material on the shipping paper in the marmer required by subpart C ofpart 172 ofthe HMR.
(c) Section l72.20l(d) inthat Respondent offered hazardous material for transportation when the shipping paper did not contain an emergency response telephone number as prescribed in subpart G ofpart 172 ofthe HMR.
(d) Section l72.202(a) inthat 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) ofthe§ 172.101 table, the proper shipping name

### 5 prescribed for the material in Column (2) ofthe § 172.101 table, the hazard class or division numberprescribed for the material as shownin Column (3) ofthe § 172.101 table, or the total quantity ofhazardous materials covered by the description.
(e) Section 172.204(a) inthat Respondent offeredhazardous material for transportation whenthe shipping paper did not include the certification contained in§ 172.204(a)(l) ofthe HMRorthe declaration contained in§ 172.204(a)(2) of theHMR.
(f) Section 172.300(a) inthatRespondent offeredhazardous material for transportationwhenthe package containing it was notmarked in the manner required by subpart D ofpart 172 ofthe HMR.
(g) Section 172.30l(a)(l) inthat Respondent offered hazardous material for transportation in a non-bulkpackage whenthe package was not marked with the proper shipping name and identification number (precededby "UN," "NA," or "ID," as appropriate) for the material as shown inthe§ 172.101 Table.
(h) Section 172.400(a) inthat Respondent offered a non-bulk package containing hazardous material for transportation whenthe package was not labeledwith the labels specified for the material inthe § 172.101 table and subpart E of part 172 ofthe HMR.
(i) Section 172.600(c) inthat Respondent offered hazardous material for transportation when emergency response information conforming to subpart G of part 172 ofthe 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) inthatRespondent offered a shipment containing hazardous material for transportation and failed to provide an emergencyresponse telephone number, including the areacode or international access code, for use inthe event of
an emergency involving the hazardous material.



### IV. 1. In accordance with Section 5123 (a) ofTitle 49 ofthe 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 ofTransportation Hazardous Materials Regulations.
2. Under the facts and circumstances ofthis case, a civil penalty of$70,000.00 is appropriate.CERTIFICATE OF SERVICE
I hereby certify that onthis date I have sentby facsimile and placed inthe United States mail, postage prepaid, certified mail, the executed original and faxed one copy ofthe 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 onthis date I have placed inthe United States mail, postage prepaid, certified mail, a true copy ofthe Complaint, addressed as follows: President, Four Star Chemical 3137 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 ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region Lawndale, California 8