In the matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

Docket No. FAA-2016-4266 

Case No. 2015S0700062 

Premier Nail Source, Inc. 

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NOTICE OF AMENDMENT OF COMPLAINT 

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Based on information provided during discovery, the FAA hereby amends its Complaint 

in this matter, as described below and as reflected in the enclosed Amended Complaint. "At any 

time more than I 0 days before the date of hearing, any party may amend his or her notice, 

answer, or other pleading, by filing the amendment with the Hearing Officer and serving a copy 

of it on each other party." 14 C.F.R. § 13.45(a). 

Documentation disclosed during discovery, but which had not been provided prior to 

discovery, indicates that Respondent's hazardous materials training, while not sufficient under 

the regulations, was not as insufficient as previously available evidence had indicated. 

Accordingly, while the available evidence reflects violations of hazardous materials training 

regulations, the FAA has determined that further pursuit of a civil penalty for these violations is 

not warranted at this time. 

Accordingly, the FAA's complaint is hereby amended to remove allegations relating to 

the deficiencies in Respondent's hazardous materials training. In particular, the factual 

allegations in Part II, ~~ 14-15, and the regulatory allegations in Part III, ~~ l(s)-(y), are 

removed. Further, the penalty to be imposed, as referenced in Part III, ~ 3, is reduced from 

$69,000 to $57,500. An Amended Complaint reflecting these changes is enclosed. 

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WHEREFORE, the FAA hereby amends the Complaint as described above and as 

reflected in the enclosed Amended Complaint. 

'} {\".('ARespectfully submitted this f./V_ day of September, 2016. 

?144---

CHRISTOPHER R. STEVENSON 

Attorney 

FAA Office ofthe Chief Counsel 

Enforcement Division 

CERTIFICATE OF SERVICE 

I hereby certify that on this date, I have sent by U.S. Certified Mail- return receipt 

requested, a copy of the foregoing Notice of Amendment of Complaint in the matter of Premier 

Nail Source, Docket No. F AA-2016-4266, FAA EIR No. 2015S0700062, to: 

President 

Premier Nail Source, Inc. 

5454 W. Crenshaw Street 

Tampa, FL 33634 

The Honorable J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, D.C. 20590 

In addition, I hereby certifY that on this date, I have sent by U.S. Certified Mail- return 

receipt requested, the original and one copy of the foregoing document to: 

Date: 

Hearing Docket 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

2 
In the matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASIDNGTON, D.C. 

Docket No. FAA-2016-4266 

Case No. 2015S0700062 

Premier Nail Source, Inc. 

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AMENDED COMPLAINT 

The Complainant hereby files its Amended Complaint, pursuant to Rule 208 of the Ru1es 

of Practice in FAA Civil Penalty Actions (14 C.P.R.§ 13.214), and states as follows: 

I. 

Respondent Premier Nail Source was advised through a Notice of Proposed Civil Penalty 

dated June 11,2015 and by a Final Notice of Proposed Civil Penalty dated February 22,2016, 

that the FAA proposed to assess a civil penalty in the amount of $69,000. By a letter dated 

February 26, 2016, Respondent requested a hearing. The Enforcement Division, Southern Team 

received Respondent's written request for a hearing on February 29, 2016. 

II. 

1. On or about November 28, 2014 Premier Nail Source, Inc., d/b/a Premier Nail 

International knowingly offered to Federal Express (FedEx) a one-piece shipment consisting of a 

non-specification fiberboard box containing hazardous materials for transportation by air. 

2. The above-mentioned shipment was assigned FedEx tracking number 

624869440816 for International Priority Air Service. The shipment was offered by Premier for 

transportation to the consignee, Georgette Sands, The Nail Lounge, Parliement St. Bid. 14, 

Nassua, EE 17161, Bahamas. 

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3. At all times mentioned herein, the above-mentioned shipment was not 

accompanied by a Shipper's Certification or Declaration of Dangerous Goods. 

4. On or about November 28,2014, ground-handling personnel at a FedEx facility in 

Tampa inspected the above-mentioned shipment on suspicion that it contained hazardous 

materials. 

5. The above-mentioned fiberboard box contained: 

6. 

a. Six (6) 2-ounce plastic bottles ofCND Shellac Nourishing Remover 

marked extremely flammable; and 

b. Six (6) 0.5-ounce glass bottles of Develop 10 Program. 

(a) CND Shellac Nourishing remover is classified as a hazardous material 

under the Department of Transportation Hazardous Materials Regulations (HMR) (49 C.P.R. 

§ 172.101). 

(b) The proper shipping name of the material is Flammable liquid, n.o.s. 

(Acetone). It is in Hazard Class 3 (Flammable Liquid), Packing Group II, and has an assigned 

identification number of UN 1993. The proper label is Flammable Liquid. 

7. (a) Develop 10 Program is classified as a hazardous material under the 

Department of Transportation Hazardous Materials Regulations (HMR) ( 49 C.F .R. § 172.101 ). 

(b) The proper shipping name of the material is Paint. It is in Hazard Class 3 

(Flammable Liquid), Packing Group II, and has an assigned identification number of UN 1263. 

The proper label is Flammable Liquid. 

8. Premier offered the above-described shipment of liquid hazardous materials for 

transportation by air and failed to package it correctly for air transportation. 

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

transportation by air without shipping papers that included: 

(a) the assigned identification number prescribed for each hazardous material; 

(b) the proper shipping name prescribed for each hazardous material; 

(c) the hazard class prescribed for each hazardous material; 

(d) the packing group prescribed for each hazardous material; 

(e) the total net mass per package of each hazardous material; 

(f) the number and type of packages containing hazardous material; 

(g) a statement indicating that the shipment is within the limitations 

prescribed for either passenger and cargo aircraft or cargo aircraft only; and 

(h) the technical name in parentheses. 

I 0. Premier offered the above-described shipment of hazardous material for 

transportation by air and failed to: 

(a) certify that the materials were in accordance with the HMR (49 C.F.R. §§ 

171, et seq.) by printing on the shipping papers the certification set forth in§ 172.204(a)(l), 

172.204(a)(2), or § 172.204(c) ofthe HMR; 

(b) prepare the required certifications in duplicate; and, 

(c) add to the certification required in this section the following statement: 

"I declare that all of the applicable air transport requirements have 

been met." 

11. Premier offered the above-described shipment of hazardous materials for 

transportation by air when: 

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(a) the outer container was not marked with the proper shipping name of each 

hazardous material contained therein; 

(b) the outer container was not marked with the assigned identification 

number of each hazardous material contained therein; 

(c) the outer container was not marked with standard orientation markings (as 

prescribed in 49 C.F.R. § 172.312(a)) on two opposite vertical sides of the package with the 

arrows pointing in the correct upright direction; and 

(d) a "FLAMMABLE LIQUID" label was not affixed to the outer container. 

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

transportation by air and failed to make emergency response information available for use at all 

times the hazardous material was present. 

13. Premier offered the above-described shipment of hazardous material for 

transportation by air and failed to make an emergency response telephone number immediately 

available to the appropriate official person designated to respond to an incident involving a 

hazardous material, or who was conducting an investigation involving a hazardous material. 

14. Premier offered the shipment of hazardous materials for transportation by air and 

failed to use an authorized packaging for its transportation. 

III. 

1. By reason of the foregoing, Respondent violated: 

a. 49 C.F.R. § 171.2( e) in that Premier offered or transported a hazardous material 

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

packaged, marked, labeled, and in condition for shipment as required or authorized by applicable 

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requirements of this subchapter, or an exemption, approval, or registration issued under tbis 

subchapter or under subchapter A of this chapter. 

b. 49 C.P.R.§§ 172.200(a) and 172.202(a)(1) in that Premier offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

including the identification number prescribed for the material as shown in Column 4 of the § 

172.101 Table, in the manner required by this subpart. 

c. 49 C.P.R.§§ 172.200(a) and 172.202(a)(2) in that Premier offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

including the proper shipping name prescribed for the material as shown in Column 2 of the§ 

172.101 Table. 

d. 49 C.P.R. §§ 172.200(a) and 172.202(a)(3) in that Premier offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

including the hazard class or division number prescribed for the material as shown in Column 3 

of the § 172.101 Table. 

e. Sections 172.200(a) and 172.202(a)(4) in that Premier offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

including the packing group in Roman numerals, as designated for the hazardous material in 

Column 5 of the§ 172.101 Table. 

f. 49 C.P.R. §§ 172.200(a) and 172.202(a)(6) in that Premier offered a hazardous 

material for transportation by aircraft and failed to describe the hazardous material on shipping 

papers showing the total mass per package, unless a gross mass is indicated in Columns (9A) or 

(9B) of the § 172.101 Table in which case the total gross mass per package must be shown; or , 

for Class 7 materials, the quantity of radioactive must be shown by activity. 

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g. 49 C.F.R. §§ 172.200(a) and 172.202(a)(7) in that Premier offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

indicating the number and type of packages (for example, "12 drums"). 

h. 49 C.F .R. § 172.203(f) in that Premier offered a hazardous material for 

transportation when a statement indicating that the shipment is within the limitations prescribed 

for either passenger and cargo aircraft or cargo aircraft only was not entered on the shipping 

paper. 

1. 49 C.F.R. § 172.203(k) in that Premier offered a hazardous material for 

transportation by air when the technical name of the hazardous material was not entered in 

parentheses in association with the basic description. 

j. 49 C.F.R. §§ 172.204(a) or (c)(l) in that Premier offered a hazardous material for 

transportation and failed to certify that the material was offered for transportation in accordance 

with this subchapter by printing on the shipping paper containing the required shipping 

description one of the certifications set forth in this part. 

k. 49 C.F.R. § 172.204(c)(2) in that Premier offered a hazardous material to an 

aircraft operator for transportation by air and failed to provide two copies of the certification 

required in this section. 

1. 49 C.F.R. § 172.204(c)(3) in that Premier offered for transportation by air a 

hazardous material authorized for air transportation and failed to add to the certification required 

in this section the following statement: 

"I declare that all of the applicable air transport requirements have been met." 

m. 49 C.F.R. § 172.30l(a) in that Premier offered for transportation a hazardous 

material in a non-bulk packaging and failed to mark the package with the proper shipping name 

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and identification number (preceded by "UN" or "NA", as appropriate) for the material as shown 

in the §172.101 table. 

n. 49 C.P.R. §§ 172.300(a) and 172.312(a)(2) in that Premier offered a non-bulk 

combination package having inner packagings containing liquid hazardous material for 

transportation and failed to legibly mark the outer package with package orientation markings 

that were legibly marked with package orientation markings that are similar to the illustration 

shown in this paragraph, on two opposite vertical sides of the package with the arrows pointing 

in the correct upright direction. The arrows must be either black or red on white or other suitable 

contrasting background and commensurate with the size of the package. (Depicting a rectangular 

border around the arrows is optional.) 

o. 49 C.P.R. § 172.400(a) in that Premier offered for transportation a hazardous 

material in one of the packages or containment devices listed in this subpart and failed to label 

the package or containment device with the labels specified for the material in the §172.101 

Table and in this subpart. 

p. 49 C.P.R. § 172.600( c )(1) in that Premier offered for transportation a hazardous 

material and failed to make the emergency response information conforming to this subpart 

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

q. 49 C.P.R. § 172.600( c )(2) in that Premier offered for transportation a hazardous 

material and failed to make emergency response information including the emergency response 

telephone number, immediately available to any government agency responding to an incident 

involving hazardous materials or conducting an investigation which involves a hazardous 

material. 

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r. 49 C.F .R. § 173.173 in that Premier offered for transportation a package 

containing paint when the §172.101 Table specified that it be packaged as prescribed under 

§ 173 .202 of this part if it is a Packing Group II material or § 173.203 of this part if it is a Packing 

Group III material. 

s. 49 C.F .R. § 173.202 in that Premier offered for transportation a package 

containing liquid hazardous material in Packing Group II when § 172.101 of this subchapter 

specified that it be packaged under this section and failed to use non-bulk packagings prescribed 

in this section conforming to the general packaging requirements of subpart B of part 173, to the 

requirements of part 1 78 of this subchapter at the Packing Group I or II performance level 

(unless otherwise excepted), and to the requirements ofthe special provisions of Column 7 of the 

§172.101 Table. 

2. Pursuant to 49 U.S.C. § 5123(a), Respondent is subject to a civil penalty not to 

exceed $75,000 for each violation of the Hazardous Materials Regulations (or $175,000 if death, 

serious illness, or severe injury to any person or substantial destruction of property resulted) 

3. Under the facts and circumstances of this case and in accordance with the 

Administrator's Sanction Guidance in FAA Order 2150.3B, Appendix C, a civil penalty of 

$57,500 is appropriate for the violations in this case. 

WHEREFORE, the Complainant respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $57,500. 

Respectfully submitted, 

Pat McNall 

Acting Assistant Chief Counsel 

for Enforcemel).jp , 

.. /;~>/7 .. /1 

By: / ;/' b~'1:_,, 

CHRISTOPHER R. STEVENSON 

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Attorney 

FAA Office ofthe Chief Counsel 

Enforcement Division 

1701 Columbia Avenue, College Park, GA 30337 

email: chris.stevenson@faa.gov 

Telephone: ( 404) 305-5200 (main) 

(404) 305-5208 (direct) 

(404) 305-5223 (facsimile) 

NOTE: 

Pursuant to 14 C.F.R. § 13.214(c), any written answer to an amended complaint must be 

filed no later than thirty (20) days after service of the amended complaint. 

9 
CERTIFICATE OF SERVICE 

I hereby certify that on this date, I have sent by U.S. Certified Mail- return receipt 

requested, a copy of the foregoing Amended Complaint in the matter of Premier Nail Source, 

Docket No. FAA-2016-4266, FAA EIR No. 2015S0700062, to: 

President 

Premier Nail Source, Inc. 

5454 W. Crenshaw Street 

Tampa, FL 33634 

The Honorable J.E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, D.C. 20590 

In addition, I hereby certify that on this date, I have sent by U.S. Certified Mail- return 

receipt requested, the original and one copy of the foregoing document to: 

I_ ,,, ' I 

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