04/19/2012 08:38 FAX 2024935142 FAA .;. OMS .~001/005 

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U.S. Departmenl 

of Transporlation 

Federal Aviation 

Adrninistration 

In Reply Refer To: ACE-7 

2009CE700 1 OS 

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Otllcc of Rcgionul Cooosel 

90 I Locust. Room 506 

Kan11as City, MO 64106·2641 

Area Code; 816-329-3766 

CERTIFIED MAlL ··RETURN RECEIPT REQUESTED 

Certifcd Mail Receipt Nos. 70111150000003374531, 70111150000003374548 & 70111150000003374555 

April9, 2012 

Hc.:arin~ Docket 

Federal Aviation Administration 

800 lndepend~ncc Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room Suite 2Wl000 

Re: In the Matter of Keystone Laboratories 

Case No. 2009CE7001 05 

Enclosed herewith please find a copy of a request for a hearing and the original and one copy of the 

Complaint in the above-referenced proceeding. 

The FAA requeststhat the hearing in this matter be held in Kansas City, Missouri, and expects that the 

hearing will last one day. 

Please address all communications for the FAA t.o Gayle E. Townsend, Federal Aviation Administration, 

Central Region, ACE-7, Room 506, DOT Building, 901 Locust, Kansas City, MO 641 06·2641. 

Sincerely, 

A. Lester Haizlip 

Regional Counsel 

By~ .. · .. ·~.,,., 

, ' 

Enclosures 

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04/19/2012 08:38 FAX 2024935142 FAA + OMS 

In the Matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

Served: April9, 2012 

FAA Docket No. 

FAA Case No. 2009CE700 105 

_K.....__st_o_ne_L_ab.:_o:.;;r_.;.at.;_;o..::.rl;:_;.. c...:..s _______ __. Judge Not Assigned 

COMPLAINT 

~ 002/005 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to 

Rule 208 ofthc Rules of Practice (14 C.F.R. 13.208), and states as follows; 

1. 

1. On August 2, 2011, Respondent Key~tone Laboratories was advised through a Notice of. 

Proposed Civil Penalty that the FAA proposed ro assess a civil penalty in the amount of$5,500. On 

March 27,2012, Respondent's attorney submitted a written request for a hearing. 

II. 

1. On or about March2. 2011, representatives ofthe Administrator of the Federal Aviation 

Administration conducted a comprehensive shipper inspection of Keystone Laboratories (Keystone) in 

Newton, Iowa. 

2. The inspection revealed that on or about July 8, 2008, and on or about October 14, 2008, 

Keystone offered a package that contained hazardous materials, specifically an item with the proper 

shipping name of"Gas Sample, Nonprcssurized," (Flammable, N.O.S.), UN3167, Hazard Class 2.1 to 

Federal Express (fed Ex), in Ne,vton, low"- (Fed Ex Airbill Number Tr~ck ing Number 865321525746) 

for transportation by air to Folsom, California. 

3. The inspection further revealed that Keystone, prior to making the .shipments of the hazardous 

material referenced in paragraph 2 herein, failed to provide hazmat shipper training to the employees who 

offered the hazardous materials for shipment. [fitle 49 of the Code of Federal Regulations (CFR), Parts 

171-180). 

4. Keystone offered the shipment of hazardous materials for shipment by air when each of its 

employees had notreceived training in the shipment of hazardous materials. 

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III. 

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

sections of the U.S. Department of Transportation Rr.:gulations (49 CFR): 

a. 172. 702(a), which states in pertinent part, that a hazmat employer shall ensure that each of 

its hazmat employees is trained in accordance with the requirements prescribed in this subpart. 

172.702(d), which states that a hazma! employer shall ensure that each of its hazmat employees 

is Lcst..:d by appropriate means on the training subject:> covered in§ 172.704. 

2. Pursuant to Title 49 U.S.C. 5123(a) of Chapter 51, Title 49 of the United States Code of 

Transportation [49 U.S.C. § 5123(a)], Respondent is subject to a civil penalty of not less than $250 ($450 

for training violations), and not greater than $50,000 (or $100,000 for violations resulting in death, 

· serious illness, or severe injury to any person, or t:>ubstantial destruction of property); for each viola.t.ion of 

the violations. 

3. Under the facts and circumstances of this case, a civil penalty of $5,500 is appropriate. 

WHER.JiFORE, the Agency, by counsel, respectfully requests that the Administrative Law .Judge 

enter an order that Respondent be assessed a civil penally in the amount of $5,500. 

Dated this 9tll day of April, 2012. 

Respectfully submitted, 

A. Lester Haizlip 

Regional Counsel 

By: 

...... --·/' fl~~~-~~~~~~~ 

. Townsend 

mey for Complainant 

Federal Aviation Administration 

901 Locust, Room 506 

Kansas City, MO 64106·2641 

8i6-329-3766; Fax (816) 329-3771 
04/19/2012 08:38 FAX 2024935142 FAA + OMS raJ 004/005 

Answer 

Section 13.209(a) ofthe Rules of Practice in FAA Civil Penalty Proceedings states, "A respondent shall 

file a written answer to the complaint, or may file a written motion pursuant to S¢etion 13.208(d) or 

Section 13.218(1)(1-4) instead of filing all answer, not later than 30 days after service of the complaint. 

Section 13.209(£) states, ''A person's failur¢ to file an answer without good cause shall be deemed an 

admission of the truth of each allegation contained in the complaint. 
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Keystone Laboratories, FAA Case No. 2009CE700105 

CERTIFICATE OF SERVICE 

I hereby certify that I have this date placed in the United Stales mail, certified, return receipt 

requested, a copy of the Administrator's Complaint, addressed to: 

Mrs. Jodi King, President 

Keystone Laboratories 

600 E. 1 7d1 Street South 

Newton, lA 50208 

Adam D. Otto, Esq. 

Otto Law Office 

P.O. Box 1356 

303 South Second Avenue West 

Newton, lA 50208 

In addition, I hereby ccrtii)r that I have this date placed in the United States mail, certified, return 

receipt r~qucstcd, rhe original and one copy, addressed to: 

Federal Aviation Administration 

800 independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wjlbur Wright Building, Suite 2W I 000 

af ~, . Alis~.~ Paralegal Specialist 

Dated this 911' day of April, 20 I 2. 

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