In the matter of: U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

DocketNo. FAA-2016-4266 Case No. 2015S0700062 PremierNail 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 inthe enclosed Amended Complaint. "At any time more than I0 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 ofit oneach otherparty." 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 ofa 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. AnAmended Complaint reflecting these changes is enclosed.



### 1WHEREFORE, the FAAhereby amends the Complaint as described above and as reflected in the enclosed Amended Complaint. 

### '} {\".('ARespectfully submittedthisf./V_ day ofSeptember, 2016. 

# ?144--- CHRISTOPHERR. STEVENSON Attorney FAA Office ofthe ChiefCounsel Enforcement Division CERTIFICATE OF SERVICE I hereby certifythat on this date, I have sent by U.S. CertifiedMail- return receipt requested, a copy ofthe foregoing Notice ofAmendment ofComplaint in the matter ofPremier Nail Source, DocketNo. FAA-2016-4266, FAA EIRNo. 2015S0700062, to: President PremierNail Source, Inc. 5454 W. Crenshaw Street Tampa, FL 33634 The Honorable J.E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 1200New 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 ofthe foregoing document to:

Date: Hearing Docket Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000



### 2In the matter of: 

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASIDNGTON, D.C.

DocketNo. FAA-2016-4266 Case No. 2015S0700062 PremierNail Source, Inc. ) ) ) )
AMENDED COMPLAINT The Complainanthereby files its Amended Complaint, pursuant to Rule 208 ofthe Ru1es ofPractice 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 ofProposed Civil Penalty dated June 11,2015 and by a FinalNotice ofProposed Civil Penalty dated February 22,2016, that the FAAproposed to assess a civil penalty in the amount of$69,000. By a letter dated February 26, 2016, Respondent requested a hearing. The EnforcementDivision, Southern Team received Respondent's writtenrequest for a hearing on February 29, 2016. II. 1. On or aboutNovember 28, 2014 PremierNail Source, Inc., d/b/a PremierNail International knowingly offered to Federal Express (FedEx) a one-piece shipment consisting ofa non-specification fiberboard box containing hazardous materials for transportation by air. 2. The above-mentioned shipment was assigned FedExtracking number 624869440816 for International Priority Air Service. The shipment was offered by Premier for transportationto the consignee, Georgette Sands, TheNail Lounge, Parliement St. Bid. 14, Nassua, EE 17161, Bahamas.

13. At all times mentioned herein, the above-mentioned shipment was not accompaniedby a Shipper's Certification or Declaration ofDangerous Goods. 4. Onor about November 28,2014, ground-handling personnel at a FedEx facility in Tampainspectedthe above-mentioned shipment on suspicionthatit 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 ofDevelop 10 Program. (a) CND Shellac Nourishing remover is classified as a hazardous material under the Department ofTransportation Hazardous Materials Regulations (HMR) (49 C.P.R. § 172.101). (b) The proper shipping name ofthe material is Flammable liquid, n.o.s. (Acetone). Itis inHazard Class 3 (Flammable Liquid), Packing Group II, and has an assigned identification number ofUN 1993. The proper label is Flammable Liquid. 

### 7. (a) Develop 10 Program is classified as a hazardous material underthe Department ofTransportation Hazardous Materials Regulations (HMR) ( 49 C.F.R. § 172.101). (b) The proper shipping name ofthe material is Paint. It is in Hazard Class 3 (Flammable Liquid), Packing Group II, and has an assigned identificationnumber ofUN 1263. The proper label is Flammable Liquid. 8. Premier offeredthe above-described shipment ofliquidhazardous 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 ofhazardous 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 ofeach hazardous material; (f) 

### the number and type ofpackages 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. I0. Premier offered the above-described shipment ofhazardous material for transportation by air and failed to: (a) certify thatthe materials were in accordance with the HMR (49 C.F.R. §§ 171, et seq.) byprinting onthe shipping papers the certification set forth in§ 172.204(a)(l), 172.204(a)(2), or § 172.204(c) oftheHMR; (b) prepare the required certifications in duplicate; and, (c) add to the certificationrequired in this section the following statement: "I declare that all ofthe applicable air transport requirements have been met." 11. Premier offered the above-described shipment ofhazardous materials for transportation by air when:



### 3(a) the outer container was not marked with the proper shipping name ofeach hazardous material containedtherein; (b) the outer container was not marked with the assigned identification number ofeach hazardous material containedtherein; (c) the outer container was notmarked with standard orientation markings (as prescribed in 49 C.F.R. §172.312(a)) on two opposite vertical sides ofthe package with the
arrows pointing inthe correctupright direction; and (d) a "FLAMMABLE LIQUID" label was not affixed to the outer container. 12. Premier offered the above-described shipment ofhazardous 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 offeredthe above-described shipment ofhazardous material for transportation by air and failed to make an emergencyresponse 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 ofhazardous materials for transportation by 

### air and failed to use an authorized packaging for its transportation. III. 1. By reason ofthe foregoing, Respondent violated:
a. 49 C.F.R. § 171.2(e) in that Premier offered or transported a hazardous material for transportation incommerce when the hazardous material was notproperly classed, described, packaged, marked, labeled, and incondition for shipment as required or authorized by applicable

4requirements ofthis subchapter, or an exemption, approval, orregistration issued under tbis subchapter orunder subchapter A ofthis 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 ofthe § 172.101 Table, in the mannerrequired bythis 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 ofthe§ 172.101 Table. d. 49 C.P.R. §§ 172.200(a) and 172.202(a)(3) inthat Premier offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the hazard class or division numberprescribed for the material as shown in Column 3 ofthe § 172.101 Table.
e. Sections 172.200(a) and 172.202(a)(4) inthat Premier offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the packing group inRoman numerals, as designated for the hazardous material in Column 5 ofthe§ 172.101 Table. f. 49 C.P.R. §§ 172.200(a) and 172.202(a)(6) in that Premier offered ahazardous 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) ofthe § 172.101 Table in which case the total gross mass per package must be shown; or , for Class 7 materials, the quantity ofradioactive must be shown by activity.

5g. 49 C.F.R. §§ 172.200(a) and 172.202(a)(7) inthatPremier offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers indicating the number andtype ofpackages (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) inthat Premier offered a hazardous material for transportation by air whenthe technical name ofthe hazardous material was not entered in parentheses in association with the basic description. j. 49 C.F.R. §§ 172.204(a) or (c)(l) inthatPremier offered a hazardous material for transportation and failed to certify thatthe material was offered for transportation in accordance with this subchapterbyprinting onthe shipping paper containing the required shipping description one ofthe certifications set forth inthis part. k. 49 C.F.R. § 172.204(c)(2) inthat Premier offered a hazardous material to an aircraft operator for transportationby air and failed to provide two copies ofthe certification required inthis section. 

### 1. 49 C.F.R. 

### § 172.204(c)(3) inthatPremier offered for transportation by air a hazardous material authorized for air transportation and failed to add to the certificationrequired in this section the following statement: "I declare that all ofthe applicable air transport requirements have been met."
m. 49 C.F.R. § 172.30l(a) inthat Premier offered for transportation a hazardous material in a non-bulk packaging and failed to markthe package withthe proper shipping name

6and identification number (preceded by "UN" or "NA", as appropriate) for the material as shown inthe §172.101 table.
n. 49 C.P.R. §§ 172.300(a) and 172.312(a)(2) inthat 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 withpackage orientation markings that are similar to the illustration shown inthis paragraph, ontwo opposite vertical sides ofthe package with the arrows pointing inthe correct upright direction. The arrows must be either black or red on white or other suitable contrasting background and commensurate withthe size ofthe package. (Depicting arectangular 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 ofthe packages or containment devices listed inthis 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) inthat Premier offered for transportation a hazardous material and failed to make the emergencyresponse 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 emergencyresponse telephone number, immediately available to any government agency responding to an incident involving hazardous materials or conducting an investigation which involves a hazardous material.

7r. 49 C.F.R. § 173.173 inthat Premier offered for transportation a package containing paint whenthe §172.101 Table specified that itbe packaged as prescribed under §173 .202 ofthis part ifit is a Packing Group II material or §173.203 ofthis part ifit is a Packing Group III material.
s. 49 C.F.R. § 173.202 inthat Premier offered for transportation a package containing liquid hazardous material inPacking Group II when §172.101 ofthis subchapter specified that itbe packaged under this section and failed to use non-bulkpackagings prescribed inthis section conforming to the general packaging requirements ofsubpart B ofpart 173, to the requirements ofpart 178 ofthis subchapter at the Packing Group I or II performance level (unless otherwise excepted), and to the requirements ofthe special provisions ofColumn 7 ofthe §172.101 Table. 2. Pursuant to 49 U.S.C. § 5123(a), Respondent is subjectto a civil penaltynot to exceed $75,000 for eachviolation ofthe Hazardous Materials Regulations (or $175,000 ifdeath, serious illness, or severe injury to any person or substantial destruction ofproperty resulted) 3. Under the facts and circumstances ofthis case and in accordance with the Administrator's Sanction Guidance inFAA Order 2150.3B, Appendix C, a civil penalty of $57,500 is appropriate for the violations inthis case. WHEREFORE, the Complainantrespectfully requests thatthe Administrative Law Judge enter anorderthat Respondent be assessed a civil penalty inthe amount of$57,500. Respectfully submitted, PatMcNall Acting Assistant ChiefCounsel

for Enforcemel).jp ,



# ..**/;~>/7**

# .. /1 By: / ;/'**b~'1:_,,** CHRISTOPHERR. STEVENSON


### 8Attorney FAA Office ofthe ChiefCounsel 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 mustbe filed no later thanthirty (20) days after service ofthe amended complaint.

9CERTIFICATE OF SERVICE I hereby certify that on this date, I have sent by U.S. Certified Mail- return receipt requested, a copy ofthe foregoing Amended Complaint inthe matter ofPremierNail Source, DocketNo. FAA-2016-4266, FAAEIRNo. 2015S0700062, to: President Premier Nail Source, Inc. 5454 W. Crenshaw Street Tampa, FL 33634 The Honorable J.E. Sullivan Office ofHearings, M-20 U.S. Department ofTransportation 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 ofthe foregoing document to:

I_ ,,, ' I

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