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
onthe number and category ofthe regulations the violations ofwhich it is charging in this matter. The Agency alleges that based onthe facts set forth in Section II ofthe complaint, Extreme Energy Solutions, Inc., violated each ofthe 13 regulations cited in Section III ofthe complaint. Six ofthese 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 inthe shipping paper,
so proofwithrespect to any one ofthem also establishes a violation of49 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 proofwithrespect to it also establishes a violation of49 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 of49 C.F.R. part 172, so proofwith respect to it also establishes a violation of49 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 ifthat information were needed. Proofwith respect to either regulation also establishes a violation of49 C.F.R. § 171.2(e). While the Agency is alleging 13 separate regulatory violations, in accordance withthe 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 ofviolations. Here there are four: shipping paper, marking, labeling, and emergency response information. DATED this 15th day ofNovember 2016. Naomi Tsuda Assistant ChiefCounsel

for Enforcement
By:

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### .Brown Enforcement Division, WesternTeam 222 W 7th Avenue 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. FDMSNo. FAA-2015-1322
I hereby certify that onthis date I have served a copy ofthe Agency's Supplemental Filing onthe Number and Category ofRegulations Itis 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 ofHearings, M-20 US Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 Fax: (202) 366-7536 Mr. Samuel K. Burlum, President/CEO Extreme Energy Solutions, Inc. 150 Main Street Ogdensburg, NJ 07439 Fax: 973-209-4796 I further certify that onthis date I have served the original and one copy ofthe Agency's Supplemental Filing onthe Number and Category ofRegulations It is Charging bypostageprepaid, 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 2W1000 Fax: (202) 493-5020 DATED:

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# L.-?L10 Federal Aviation Administration Office ofRegional Counsel 222 West 7th Avenue, Box 14, AAL-7 Anchorage, Alaska 99513-7587

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