12/15/2011 16:23 FAX 2021935142 

12/13/20J.1 09:34 FAX 3107256518 

F AA 

AWF-7 

- OMS 0002/02 1 

(3002 

e 

U.S. Depanment 

of Transportation 

FederaJ Aviatian 

Admin i bU uUoo 

Western-Pacific Region 

Office of the Regional Counsel 

P.O. Box 92007 

Los Angeles, C A 90009-2007 

Telephone: (310)725-7105 

Facsimile: OlOt 725-6616 

DEL 1 ••? 20^1 

CERTIFIED MAIL - RETURN RECEIPT RHQUHSTED and FACSIMILE 

Federal .A.viarion Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Arm: Hearing Docket Clerk AGC-430 

Wilbur Wright Building - Suite 2W1000. 

U 

L'J 

4A.l-aoii-iZ^r 

Re: In the Maner of Western Tire Equipment and Supplv Co., Inc; 

CascNo. 2010WP700126 

Enclosed is a copy of a request for hearing post-marked December 6,2011, and the original 

and one copy of ihe Complaint in the above-referenced proceeding. 

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

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

Please address all communicaiioos for the Rej^onal Counsel of the Western-Pacific Region, 

to the undersigned, at: Office of the Re^onal Counsel, AWp.7.3, Federal Aviation 

Administration, Western-Pacific Region. P. 0 . Box 92007, Los Angeles, CA 90OO9-2007, 

Telephone: (310) 725-7105, FAX: (310)725-6816. 

Sincerely. 

NAOMI TS 

Regional 

By: 

Christopher Merrill 

Aitomey 

Enclosures: Request for Hearing; Complaint; Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE OP RUT,ES OF PRACTICE 

REQUTE^ THAT A WRJTTEN ANSWER TO THE COMPLAINT BE FILED NOT 

LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS .\N 

ALTERNATIVE TO FILING AN ANSWER. A MOTION MAY BE FILED PUFLSUANT 

TO SECTION 13.208(D) OR SECTION 13.218CF)(1-^) OF THE RULES OF PR.^CTICE. 
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12/13/2011 09:34 FAX 3107256816 

FAA 

.MVP-7 

- DMS ^003/02 1 

12)003 

/: 3 CA^ 

BSIfKICIBi 

WESTERN TUtE EQUIPMiaiT AND SUPPLY CO., IMC. 

- • J =— • J 1 

• • •' ^ 1 ;-,_ \ December 2, 2011 

Federal Aviation AdnniiiJ5tration 

600 Independence Ave. S.W. 

WUbui Wrijjht Building, Suite 2W1000 

Wi^shmgton DC 20591 

Attn: Hearing Docket Clerk, AGC-43 0 

•'o VVhom Tt May Concern, 

would like to request a hearing on case I'lum.ber 20'10WP700126. 

Tliank you. 

CJ^ris DeraL=i.'^ 

President 

Vvestesco 

14802 YORBA COURT. CHINO. CA 9171 0 • (909)393-4880 • FAX(909)::93-6747 

WE5TESCOl(5iCS.C01VI 
iH^inidimmu 

WESTtHN TIRE EQUIPMENT ANU SUPPLY CO. 

UBK TORQA COURT 

CHINO/Cyi. 91.711), 

.^-'. VV • • 

7n\ l [1H70 QaOl BH14 5^00 [000 

goooa 

U.S. POSTftC£ 

cuiMn l-|PLL^ CJi 

Oec 06.'J ( 

rtMOWI 

$5.59 

OQ0J3I63-J1 

^ C^I.'S/^JL r. Mrr;// 

0. JJ ^ 9^0(P7 ,,, OPENED B\'§ 

-^COCt<=ii:::;;OOV 

/ 

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12/15/2011 1B-23 FAX 2024935142 FAA - OWS 0005/021 

12/13/2011 09:34 FA,X 3107256916 AWP-7 ^21005 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEAMNG S 

WASHINGTON, DC 

In the Matter of Western Tire Equipment 

and Supply Co., Inc.^ FAA DOCKET UNASSIGNED 

FAA CAS E NO . 20I0WP700126 

Responded t 

JUDGE NOT ASSIGNED 

COMPLAINT 

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

(I4C.FR- 13.208), and states as follows: 

I. 

R*?spondent, Western Tire Equipment and Supply Co., Inc. (Western)., was advised 

through a Final Notice of Proposed Civil Penalty, dated December 1, 20n, that the Fed<;ral 

-Aviation Administration (FAA) proposed to assess a civil penalty in the amount of 

$70,000.00. Respondent submitted a written request tor a hearing post-marked December 6, 

2011. 

n. 

1. On or about July 7,2010, an employee of Respondent, offered a shipment to United 

Parcel Service for air transportation &om Chino, California to San Juan, Puerto Rico, 

2. The shipment was offered on Airway Bill No. 1Z625R830342320226 and consisted of 

a non-specification fiberboard box containing, among other things, ihc foUow-ing biizardoua 

materials: 
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12/13/2011 09:04 FAl 3107256316 AWF-7 ©ooe 

2.1. One ] 6-ouncft metal container of XTRA Seal Inner Liner Sealer; 

2.?.. Two 32-ounce metal containers of XTRA Seal Rubber Prep; 

2.3. Four S-ounce metal containers of XTRA Seal Chemical Vulcanizing Cement, 

each of which were contained m a separate tire patch kit. 

3. XTRA Seal Inner Liner Scaler is a hazardous material, in accordance with the 

Hazardous Materials Table in Title 49 of the Code of Federal Regulations (49 CFi^), Section 

172.101. The proper shipping name is "Petroleum Distillates N.O.S.," and it LSL"N1268. 

Hazard Class 3- Flammable Liquids, PG II. 

4. XTRA Seal Rubber Prep is a hazardous material, in accordance with the H.a.-ardous 

Materials Table in Title 49 of the Code of Federal Regulations (49 CFR), Section 172.101. 

The proper shipping name is "Petroleum Disrlllates N.O.S." and it is UN1268, Hazard Class 

3- Petroleum Distillates, PG IL 

5. XTRA Se;il Chemical Vulcanizing Cement is a hazardous material, in accordance wi:h 

the Hazardous Materials Tabic in Title 49 of the Code of Federal Regulations (49 CFR), 

Section 172.101. The proper sliipping name is "Heptanes" and it is UNI 206, Hazard Class 

3.PGIL 

6. The Respondent employee offered the shipment for air transportation in comrrierce when 

it •«'as not properly classed, described, packaged, marked, labeled, and/or in condidon for 

shipment as required or authorized by applicable requirements in Subchapter C of Chapter I 

of 49 CFR, or an exemption or special permit, approval, or registration issued under 

Subchapter C or Subchapter A of Chapter T. To wii; 

6.1. The shipment was not classified c-r described; 
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6.2. Packaging was not compJiant in ihat the package closures did not stay closed 

under pressures incideal to transportation; speciiically, the packaging tape 

securing the box became tinsecurcd during handling; 

6.3. Tlie shipment was not properly marked; 

6.4. The shipment was not properly Isibelcd. 

7 Respondent offered the shipment when emergency response information, conr'orming to 

subpart G of part 172 of 49 CFR, was not immediately available for use at all rimes rhe 

hazardous material was present. Western Tire Equipment and Supply Co., Inc. oflered the 

shipment -when it did not provide an emergency response telephone number for use .in thcevem of an emergency involving the hazardous material. 

8. AS described above. The employee of Respondent was a hazmat employee, and 

Respondent was a hazmat employer, as those terms arc defined in 49 C.F.R. § 17j"..S. The 

hazmax employee ofteied the shipment for air transportation when he/she did not lave 

function specific, seci-irity awareness, etc., training in accordance with subpart H of part 172 

of 49 C.F.RHI. 

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

sections of the Federal Aviation Regulations (Title 14, Code of Federal Regulations): 

a. Seciion 171.2(e), wliich states that no person may offer or accept a haiardous 

material for transportation in commerce unless the hazardous material is properly 

classed, described, packaged, marked, labeled, and in condition for shipment as 

required or authorized by applicable requirements of this subchapter o - an 

exemption or special permit, approval, or registration is.'iued under thi^. 

subchapter or subchapter A of this chapter; 
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b. Section 172.200(a), which states that no person may offer hazardous material for 

transportation unless the material is properly described on the shipping papersc. Section 172.300(a), which states tiiat each pei'son who offer? hazardous material 

for transportation shall mark each package containing the hazardous material IT. 

the maimer required by HMR subpart D (Marking). 

d. Section 172.400(a), which generally states that each pcjson who offers hazardous 

material for transportarion shall label the package or containment devii-e with 

labels specified for the material in seciion 172.101 (49 C.F.R. § 172.101) and as 

• required by HMR subpart E; 

e. Section 172.600(c), which generally states chat no person to whom thif subpart 

applies may offer for transportation, accept for transportation, transfer, store or 

otherwise handle during transportation a hazardous material unless emergency 

response information conforming to this subpart is immediately available for use 

at all times the hazardous material is present; and emergency response 

information, including the emergency response telephone number, required by 

this subpart is immediately available to any person who, as a representative of a 

Federal, State or local government agency, responds to an incident involving a 

hazardous material, or is conducting an investigation which involves a hazardous 

material. 
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6 

f. Section 172.702(a), -which generally states that a hazmat employer shsdl ensure 

that each of its hazmat employees is trained in accordance with the requirements 

prescribed in this subpart. 

£. Section 172.702(d), which generally states that a hazmat employer shi^-tH ensure 

that each of its hazmat employees is tested by appropriate means on the iraining 

subjects covered in § 172.704. 

h. Section 172,704(a), which generally states that hazmat employee traming must 

include general awajeness/familiarization training;, function-specific naining; 

safety training; and security awareness training; 

i. Section 172.704(c), which generally states, among other things, that a hazmat 

employee shall receive the training required by this subpart at least once cver>' 

three years. 

j . Section 172.704(d), which generally states that a record of current training, 

inclusive of the preceding three years, in accordance with this section shall be 

created and retained by each hs^mat employer for aa long as that employee is 

employed by that employer as a bizmat employee and for 90 days theveaftcr. 

The record shall include the hazmat employee's name; the most recent training 

completion date of the hazmat employee's training; a description, copy, or the 

location of the training materials; the name and address of the person jiroviding 

the training; and certification that [he hazmat employee has been irain-^d and 

tested. 
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FA.^ 

Affp-7 

- QMS 13010/021 

El 010 

k. Section 173.24(b)(2), which generally states that each package used for tlie 

shipment of hazardous materials under this subchapter shall be designtsd, 

constructed, maintained, filled, its contents so limited, and closed, so that under 

conditions normally incidemtto transportation, the effectiveness of the package 

will not be substantially reduced: for example, impact resistance, strength, 

packaging compatibility, etc. musi be maintained for the minimum and 

maximum temperatures, changes in humidity and pressure, and shocks, loadings 

and vibrations, normally encountered during iransportation_ 

IV. 

1. Pursuant to Title 49 U.S.C. Section 5123(a), Respondent is subject to a ci\il 

penalty not less than 5450 for each training violation, not less than $250 for each other 

violation, and not more than $50,000, for each of the violatiotis alleged 

Under the facts and circumstances of this case, a. civil penalty of J'^0,000.00 

is appropriate. 
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12/13/20i l 09:3 5 FM 3107256816 AWP-7 fSoi l 

WHEREFORE, the Complainant, respectfully reciuests that the Administrritive LawJudge enter an order that Respondent be assessed a civil penalty in the amount of $70,000.00 

Respect^ily aubniined, 

Christopher Merrill 

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

DATED: rjf^ 1 ^^ 20^1 

CERTIFICATE OF SERVICE 
12/15/2011 16:24 FAX 2024935142 

12/13/2011 09:35 FA.I 3107256S16 

FAA 

AWP- 7 

- DMS @]012/021 

[2]012 

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

States mail, postage prepaid, certified mail - return receipt requested, the executed original 

and one copy of the Complaint, addressed as follows: 

Federal Aviation Admiaistration 

800 Independence Avenue, SW 

Washington, DC 20591 

-Attn-. Hearing Docket Ckrk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

• Facsimile: (202) 493'.'>i42 

I funher certify that on this date I have placed in the United Slates mail, pc stage 

prepaid, certified mail - return receipt requested, and regular mail, a tme copy of ihe 

Complaint, addressed as follows: 

Western Tire Equipment and Supply Co., Inc. 

Attn: Chris Dcralas 

14802 YorbaCt. 

Chino, CA 91710 

Dated: OEC 1 3 2IJ11 

,Teff Kanjwg, Legal Technw 

Office of the Regional CouWel 

Federal Aviation Administration 

Westem-Pacific Region 

Lawndale. Califomia 
12/15/2011 16:24 FAX 2024935142 

12/13/2011 09:35 FAX 3107256816 

F A A 

AWF-7 

DMS @]013/021 

©013 

Q 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

OEi 1 3 20:i 

Western-Pacific Region 

Office of the Regional Counsel 

P.O. Box 92007 

Los Angeles, C-i, 90009-2007 

Telephone: (3lCi) 725-7105 

Facsimile: (310) 725-6616 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED and FACSIMILE 

Federal Aviation Administration 

80O Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Re: In the Matter of Westem Tire Equipment and Supply Co.. In£; 

CaseNo. 2010WP700126 

Enclosed is a copy of a request for hearing post-marked December 6, 2011, and the original 

and one copy of the Complaint in the above-referenced proceeding. 

I request that the hearing in this matter he held in the Los Angeles, Califomia area, and 

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

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

10 The undersigned, at: Office of the Regional Counsel, AWP-7.3, Federal Aviation 

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

Telephone: (310) 72-'5-7l05, FAX: (3X0)125-6^16. 

Sincerely, 

NAOMI TS 

Regional 

By: 

ChriBtopher Merrill 

AttomcY 

Enclosures: Request for Hearing; Complaint; Certificate of Service 

NOT E T O RESPONDENT : SECTION 13.209 OF THE CP RULES O F PRACRC E 

REQUIRE THA T A WRTTTEN ANSWER TO THE COMPLAINT BE FILED NO T 

LATER THA N 30 DAY S AFTER SERVICE O F THE COMPLAINT, AS AN 

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

TO SECTION 13.20S(D') OR SECTION 13.2 l8(T)(l-4) OF THE RULES OF PR.\CT1CE.