U.S. Department 

of Transportation 

Federal Aviation 

Administration 

March 14, 2013 

OVERNIGHT MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

£). -") (') 

-. ~) :;: 

Great Lakes Region 

Regional Counsel, AGL-7 

2300 East Devon Avenue 

Des Plaines, Illinois 60018 

847/294-7109 

RECEIVED ~AR \ 5 2313 

HEARING DOCKET 

ATIN: HEARING DOCKET CLERK 

I .::-f1A ~0( 3--<.JOLf-7 

Re: In the Matter of Facility Solutions, Inc. I ' e>- n1 55 FAA Case No. 2012-NE-70-0128 0to l~·f\WPt·Cf>, h\0 

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

Federal Aviation Administration's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Detroit Metropolitan area, and 

expects that the hearing will last one day. 

Please address all communications for the Federal Aviation Administration to the attention of Brian 

K. Khan, Office of the Regional Counsel, 2300 East Devon A venue, Des Plaines, Illinois 60018. 

;fVt__ 

Brian K. Khan 

Attorney 

Enclosures 

cc: ANE-700 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Facility Solutions, Inc. 

2012-GL-70-0128 

Judge Not Assigned 

·coMPLAINT 

The Federal Aviation Administration (FAA or Complainant), by counsel, hereby files its 

Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I 

On August 22, 2012, Respondent was advised through a Notice of Proposed Civil Penalty 

that the FAA proposed to assess a civil penalty in the amount of$37,500. On February 28, 2013, 

a Final Notice of Proposed Civil Penalty in the amount of$33,000 was issued. On March 10, 

2013, Respondent submitted a written request for a hearing. 

II 

1. On or about May 21, 2012, Jeffrey Dwyer, acting on behalf of Facility Solutions, Inc. 

(hereinafter "Facility Solutions"), was a ticketed passenger on Southwest Airlines flight 194, a 

passenger-carrying flight, departing from Manchester-Boston Regional Airport in Manchester, 

New Hampshire .. 

2. On or about May 21, 2012, Jeffrey Dwyer, acting on behalf ofFacility Solutions, offered 

checked baggage for transportation in air commerce on Southwest Airlines flight 194. 

3. Before the above-described baggage had been transported via aircraft, Transportation Security 

Administration (TSA) personnel at Manchester-Boston Regional Airport initiated an inspection 

of the baggage and observed that it contained the following item: 
a) One, 14.1 ounce container ofBernzomatic Map I Pro Premium Torch Fuel 

b) The container ofBernzomatic Map I Pro Premium Torch Fuel was labeled 

"DANGER,""EXTREMELY FLAMMABLE," "FIRE/EXPLOSION 

HAZARD," and "CARBON MIN OXIDE HAZARD" 

4. The container ofBernzomatic Map I Pro Premium Torch Fuel (the "shipment'') is classified as 

hazardous materials under § 172.101 of the Department of Transportation Hazardous Material 

Regulations ( 49 C.F.R § 171 et seq). 

5. The proper shipping name for the container ofBemzomatic Map I Pro Premium 

Torch Fuel is Propylene. It is in Hazard Class 2.1 (flammable gas), has an assigned 

identification number of UN 1 077, and is forbidden for transportation on passengercarrying aircraft. 

6. At all times mentioned herein, the above-referenced shipment was not accompanied by a 

Shipper's Certification or Declaration for Dangerous Goods. 

7. Facility Solutions offered the above-described shipment ofhazardous material for 

transportation by air when the material was not properly classed, described, packaged, marked, 

labeled, or in the proper condition for shipment 

8. Facility Solutions offered the above-described shipment of hazardous material for 

transportation by air when the shipping papers did not contain the proper shipping 

name prescribed for the hazardous material, the hazard class or division prescribed for 

the hazardous material and the assigned identification number of the hazardous 

material, all shown in sequence with no additional information interspersed. 

9. Facility Solutions offered the above-described shipment of hazardous material for 

transportation by air without placing the total quantity of the material covered by the 

hazardous materials description on the shipping paper before or after, or both before 

and after, the description. 

10. Facility Solutions offered the above-described shipment ofhazardous material to an 

aircraft operator for transportation by air and did not provide two (2) copies of the 

required shipper's certification. 

11. Facility Solutions offered the above-described shipment of hazardous material for 

transportation by air when the packages containing the hazardous material were not 

marked with the proper shipping nanie and identification numbers, preceded by "UN" 

or "NA" as appropriate, of the hazardous material contained therein, and without the 

2 
required markings being durable, in English and printed on or affixed to the surface of 

the package, or on a label, tag or sign. 

12. Facility Solutions offered the above-described shipment of hazardous material for 

transportation by air without making emergency response information immediately 

available for use at all times the hazardous material was present. 

13. Facility Solutions offered the above-described shipment of hazardous materials for 

transportation by air without properly preparing the shipment. 

14. Facility Solutions offered the above-described shipment containing a material that is 

"Forbidden" for transportation aboard a passenger-carrying aircraft as indicated in 

Column 9a of the§ 172.101 table (49 C.P.R.§ 172.101). 

Ill 

By reason of the above, it appears that Facility Solutions violated the following Department of 

Transportation Hazardous Materials Regulations: 

a) 49 CFR § 171.2(e), in that Facility Solutions offered hazardous material for 

transportation in commerce when the material was not properly classed, described, 

packaged, marked, labeled, and in the condition for shipment required by the Hazardous 

Material Regulations. 

b) 49 CFR § 172.200(a), in the Facility Solutions offered hazardous material for 

transportation without properly describing the material on the shipping paper. 

c) 49 CFR § 172. 202(a)(1), in that Facility Solutions offered hazardous material for 

transportation when the required hazardous material description on the shipping paper 

did not include the proper identification number prescribed for the material. 

d) 49 CFR § 172.202(a)(2), in that Facility Solutions offered hazardous material for 

transportation when the required hazardous material description on the shipping paper 

did not include the proper shipping name prescribed for the material. 

e) 49 CFR § 172.202(a)(3), in that Facility Solutions offered hazardous material for 

transportation when the required hazardous material description on the shipping paper 

did not include the hazard class or division number prescribed form the material. 

3 
f) 49 CFR § 172.202(c), in that Facility Solutions offered hazardous material for 

transportation when the total quantity of the material covered by the description did not 

appear before or after, or both before and after, the description required by subpart C of 

the Hazardous Material Regulations. 

g) 49 CFR § 172.204(a) or (c)(1), in that Facility Solutions offered hazardous material for 

transportation without printing the required certification on the shipping paper. 

h) 49 CFR § 172.300(a) and§ 172.301(a), in that Facility Solutions offered hazardous 

material for transportation when the package was not marked with the proper shipping 

name and identification number for its contents. 

i) 49 CFR § 172.304(a)(1), in that Facility Solutions offered a package containing 

hazardous material for transportation when the required markings were not durable, in 

English and printed on or affixed to the surface of the package or on a label, tag or sign. 

j) 49 CFR § 172.400(a), in that Facility Solutions offered a package containing hazardous 

material for transportation by air when the package was not properly labeled as specified 

in§ 172.101. 

k) 49 CFR § 172.600( c )(1 ), in that Facility Solutions offered a package containing 

hazardous material for transportation by air without making emergency response 

information immediately available for use at all times the hazardous material was 

present. 

1) 49 CFR § 173.1(b), in that Facility Solutions offered a shipment of hazardous materials 

for transportation by air without properly preparing the shipment. 

m) 49 CFR § 173 .27(b )(1 ), in that Facility Solutions offered a package containing a material 

that is "Forbidden" for transportation aboard a passenger-carrying aircraft as indicated in 

Column 9(a) of the§ 172.101 table. 

IV 

1. Pursuant to 49 U.S. C. §5123, Respondent is subject to a civil penalty of at least $250 ($450 for 

training violations), but not more than $50,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of$33,000 is appropriate. 

4 
WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative Law 

Judge enter an order assessing Facility Solutions, Inc. a civil penalty in the amount of$33,000. 

Respectfully submitted, 

~ Brian K. Khan 

Attorney 

Federal Aviation Administration 

2300 East Devon Avenue, AGL-7H 

Des Plaines, Illinois 60018 

847/294-7652 

Fax: 847/294-7498 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of the 

Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the 

date shown on the Certificate of Service. A general denial is deemed a failure to file an 

answer (Section 13.209(e)). 

5 
CERTIFICATE OF SERVICE 

I hereby certify that on this day a copies of the foregoing Complaint were sent First Class/Certified 

Mail as follows: 

First Class/Certified Mail Mr. Roy J. Transit, Esq. 

P.O. Box 1578 

Royal Oak, MI 48068-1578 

Attorney for Respondent 

I hereby certify that on this day copies of the foregoing Complaint were sent via Overnight Mail as 

follows: 

Overnight Mail 

(Original & One Copy) 

Date: .:3/J.f /13 rr--

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1 000 

0' d1 C11 JfLe\_) Tammy Gardner 

Legal Technician 

Federal Aviation Administration 

Office ofRegional Counsel 

2300 East Devon A venue, AGL-7 

Des Plaines, Illinois 60018 

6 
March 10, 2013 

Federal Aviation Administration 

600 Independence Avenue, SW. 

Roy J. Transit 

Attorney at Law 

P.O. BOX 1578 

Royal Oak, Ml48068-1578 

586-491-6822 

Wilbur Wright Building- Suite 2W1000 

Washington, D.C. 20591 

RE: RESPONDENT: Facility Solutions, Inc. 

AGL-7H 

2012-NE-70-0128 

RESPONSE TO FINAL NOTICE OF PROPOSED CIVIL PENALTY: 

Now comes Facility Solutions, Inc., by and through their attorney, Roy J. Transit and 

makes the following response to the Final Notice of Proposed Civil Penalty issued by the Federal 

Aviation Administration date February 28, 2013, and states as follows in regards to each of the 

paragraphs set forth in the Notice: 

1. Respondent denies this paragraph in part in that the passenger, Jeffrey Dwyer was not 

acting O!! behalf of the Respondent, Facility Solutions, Inc. 

2. Respondent denies this paragraph in part in that the passenger, Jeffrey Dwyer was not 

acting on behalf of the Respondent, Facility Solutions, Inc. 

3. Respondent is without sufficient information or personal knowledge to admit or deny this 

claim and therefore leaves the Petitioner (FAA) to their proofs. 

4. Respondent is without sufficient information or personal knowledge to admit or deny this 

claim and therefore leaves the Petitioner (FAA) to their proofs. 
5. Respondent is without sufficient information or personal knowledge to admit or deny this 

claim and therefore leaves the Petitioner (FAA) to their proofs. 

6. Respondent is without sufficient information or personal knowledge to admit or deny this 

claim and therefore leaves the Petitioner (FAA) to their proofs. 

7. Denied. 

8. Denied. 

9. Denied. 

10. Denied. 

11. Denied. 

12. Denied. 

13. Denied. 

14. Denied. 

In responses to the specific allegations contained in the remainder of the Petitioner's Final 

Notice of Proposed Civil Penalty, paragraphs a-m, the Respondent denies that it so acted in 

each and every one of the alleged violations and further states by way of affirmative defense 

to the alleged violations that the passenger, Jeffery Dwyer, was acting without the 

Respondent's knowledge or consent and outside of the course and scope of his employment. 

PROOF OF SERVICE 

A copy of this Response and the Letter requesting Hearing was served upon Mr. Jeffrey A. 

Klang, Regional Counsel, and Mr. Brian K. Khan, Attorney, Federal Aviation Administration 

Great Lakes Region, at the Office of the Regional Counsel, 2300 East Devon A venue, Des 

Plaines, IL 60018, on March 10, 2013 by US Mail, postage prepaid, by the undersigned. 
RECEI\/ED 

u.s. DEPARTMENT OF TRANSPORTATION MAR 1 !i ~G~3 

FEDERAL AVIATION ADMINISTRATION 

oFFicE oF HEARINGs HEARING DuCKET 

WASHINGTON, D.C. 

fu the Matter of Facility Solutions, fuc. 

2012-NE-70-0128 

Judge Not Assigned 

NOTICE OF APPEARANCE 

Complainant, Federal Aviation Administration, hereby notifies the United States Department of 

Transportation, Office of Hearings, and the Respondent, pursuant to 14 C.F.R. §13.204(b), that it shall be 

represented in the above-stated action by the following attorney: 

Brian K. Khan 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7H 

Des Plaines, Illinois 60018 

847/294-7652 

Fax: 847/294-7498 

All communications, notices, pleadings or documents are respectfully requested to be forwarded as follows: 

Brian K. Khan 

Federal Aviation Administration 

Office ofRegional Counsel 

2300 East Devon Avenue, AGL-7H 

Des Plaines, Illinois 60018 

847/294-7652 

Fax: 847/294-7498 

Respectfully submitted, 

/fY'v~ Brian K. Khan 

Attorney 

7 
• 

CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing Notice of Appearance were sent First 

Class/Certified Mail as follows: 

First Class/Certified Mail Mr. Roy J. Transit 

P.O. Box 1578 

Royal Oak, MI 48068-1578 

Attorney for Respondent 

I hereby certify that on this day copies of the foregoing Notice of Appearance were sent via 

Overnight Mail as follows: 

Overnight Mail 

(Original and one Copy) 

Date: ,_1 /; .t/ /; ;3 

rt 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

~~~~/UA_/ Legal Technician 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon A venue, AGL-7 

Des Plaines, Illinois 60018 

8 
• 

March 10, 2013 

Hearing Docket 

Roy J. Transit 

Attorney at Law 

P.O. BOX 1578 

Royal Oak, Ml48068·1578 

586-491-6822 

Attention: Hearing Docket Clerk- AGC 430 

Federal Aviation Administration 

600 Independence A venue, SW. 

Wilbur Wright Building- Suite 2W1000 

Washington, D.C. 20591 

RE: Facility Solutions, Inc. 

AGL-7H 

2012-NE-70-0128 

Dear Hearing Docket Clerk: 

RECEIVED 

MAR f ~ 1613 

HEARING DOCKET 

Please be advised that I am writing on behalf of my client Facility Solutions, Inc. and I 

am requesting that the above referenced matter be set for a Hearing in accordance with 14 

C.F.R. 13.16. 

I have enclosed my response to the Final Notice of Proposed Civil Penalty issued by the 

Federal Aviation Administration for your file. 

Thank you for your attention to this matter. 

Mr. Jeffrey A. Klang, Regional Counsel 

Mr. Brian K. Khan, Attorney 

Federal Aviation Administration 

Great Lakes Region 

Office of the Regional Counsel 

2300 East Devon A venue 

Des Plaines, IL 6018