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w. BEVI S SCHOC K 

ATTOR>J £ Y AT LA W 

777 7 BONHOMME AVENUE, SUITE 130 0 

SAINT LOUIS . MISSOURI 63105 

October 19, 2011 

Attn: Hearing Docket Clerk, AGC-43 0 

Wilbur WHr;.ht Huildino.. Room 2014 

Fcderdl Aviation Adminisualion 

SCO Independence Ave, SW. 

Washington, D C. 20591 

Gayle H. Tovvnsciid, Atiomey 

Office of the Regional Counsel., ACE-7 

Federal Aviation Administration 

901 Locust, P.oom 506 

Kansas Cit\', MO 64106-2641 

wbschock@schockIaw.com. 

Fax: 314-721-1698 

Voice: 314-726-2322 

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Re T^(^-^011-11X3 . Nu Fa.«;hitm Beaurv Supply Distributors 

ACE-7 

2011CE700023 

Notice of Proposed Civil Penalty 

RJBGULA R MAIL, .\ND 

CERTIFIED MAIL. RETURN RECEIPT RT.QUESTED 

Ladies and Gentlemen: 

My client hereby requests a hearing in this manor. 

Sincerely. 

// r \ 

W Bevis Schock 

WBS/st 

RECEIVED 

NOV-2 2W 

HEARING DOCKET 
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© Office Ot Rcpionsl C:oLii.scl 

U.S. Dcparrment y^i , ^,^.^^^_ p^^^,,, 50,3 

of Traiisponation KansasCiiy, MO (>4iufi-2b4! 

Federal Aviation 

Administration 

In Reply Refer To: ACC-7 

201iCE700023 

Area Code: 816-329-3766 

Cr.RTlFIED MAIL - RETIFRN RRCLIPT RtOULSTED 

Ccnifed Mail Receipt Nos. 70111150000003373152. 70111150000003373 169 & 70111150000003373176 

October 26, 2011 

Hearing Docket 

Federal Aviation Administration 

800 hidependence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room Suiie2W1000 

^^yi5-o?D//'//^23 

Re: In the Matter of Nu Fashion Beauty Supply Distributors 

Ca<icNo. 2011CE700023 

Enclosed herewith pkasc 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 requests that the hearing in ihi^ maLicr he held in Kansas City, Missouri, and expects that the 

hearing will last one day. 

Please address all coinmanications for the FAA 10 Gaylc C. Townsend, Federal Avialion Administration, 

Central Region, ACr>7, Room 506, DOT Building, 901 Locust, Kansas Cit)', MO 64106-2641. 

Sincerely, 

A. Lester Haizlip 

Regional Counsel 

By: 

•yl^u^-^. 

/ - -/ • 

Gaylc F.. Townsend 

j^JEomey 

Enclosures 
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U.S. DEPARTMEN f OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

Nu Fashion Bcauiy Supply Distributors^ 

Served: October 26, 2011 

FAA Docker No. 

FAA Case No. 2011Cr.7OOO23 

Judge Not Assigned 

COMTLAJNT 

fhe Federal Aviation Administration (FAA), by counsel, hereby tiles its Complaint, pursuant to 

Rule 2U8 of the Rules of Practice (14 C.F.R. 13.208). and .SIHKS as lollow.s: 

1. 

1. On July 12, 2011, Respondent Nu Fashion Beauty Supply Distribuiurs vvas advised through a 

Notice of Proposed Civil Penalty that the FAA proposed to a.'^sess a civil penalt>' in the amount of 

SI 5.000. On October 19, 2011, Respondent's attorney submitted a v^riucn request for a hearing. 

II. 

1. On or about February' 2, 2011, Nu Fashion Beauty Supply Disu-ibutois (Nu Fashion) offered a 

package to United Parcel Service (UPS), St. Ix>uis. Missouri, (UPS Tracking umber 

1ZR712756643505874) for transporiaiion by air to Mi.';si.<;sauga, Ontario. Canada. 

2. On or about February 9. 2011, personnel at the UPS location in Eaith City. Missouri, due to a 

rattling noise made by the package contents, discovered the package contained twelve (12) 10-ouiice 

aerosol cans of undeclared hazardous material, specifically. Compare Products Professiontd Hair Spray 

(Compares to Scbasrian Mega Hold) Ma.ximuni Volu:i;c and Hold. 

3. Pursuant to the U.S. Department of Transportation Hazardous Materials Regulations, the hair 

spray referenced in paragraph 2 herein i.s cla.ssificd as a hazardous material, with a proper shipping name 

of'Aerosols,"' Hazard Class 2.1 (Flammable Gas), identitlcation number UN1950 [Title 49 of the Code 

ofPedcr.^l Regulations (CFR), Parts 171 - UOJ. 

<1. Nu Fashion offered ihe shipment of hazardous materials for shipment by air when: 
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the outer packaging was not marked with the proper shipping names and identification 

numbers of the hazardous materials prescribed in the section 172.101 Hazardous Materials lable; 

the outer packaging was not labeled with a "Flammable Gas" label prescribed in the section 

172.101 Hazardous Materials Table; 

there was no Shipper's Declaration of Hazardous Material indicating the proper shipping 

names, hazard classes, identincaiion numbers and packing groups assigned to the materials in the section 

172.101 lUzardous Materials Table; 

there was no emergency response information (telephone number) accompanying the 

shipment^ 

the non-bulk combination package that contained inner packagings of aerosol hazardous 

materials, was not legibly marked with packiigc orientation markings on two opposite veitical sides of the 

package with the arrows pointing in the correct upright direction: and 

your employees had not received training in the shipment of hazardous materials. 

III. 

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

sections of the U.S. Department of Transportation Regulations (49 CFR); 

a. 171.2(c). which provides that no person may offer or accept a hazardous material for 

u•an.^po^a[ion in coinmerce 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 or an exemption or special permit, approval, or registration issued under this subchapter of 

Subchapter A o f rhi.«; chapter. 

b. 172.200(a). which provides that, except as otherwise provided in this subpart, each person who 

offers a ha/ardous material for transportation shall describe the hazardous materia] on the shipping paper 

in the manner required by this subpart. 

c. 172.202(a), which states in relevant part, that the shipping description of a hazardous material 
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on the shipping paper mu.si include: 

1. The identification number prescribed for the material as shown in Column 4 of the section 

172.101 Table; 

2. The proper shipping name prescribed for the material in Column 2 of the aceiion 172.101 

Table; • 

5 The hazard class or division number prescribed for the material, as shown in Column 3 of 

the section 172.101 Table: 

4. The packing group in Roman numerals, as designated for the hai/jirdous material in Column 

5 oflhesceiion 172.101 Table; 

6. for transportation by aircraft, the total net mass per package; aitd 

7. The number and type of packages. 

d. 172.204(a), which states in relevant part that e;<cept a."; provided in paragraphs (b) and (e) i")r 

this section, each person who offers a hazardous material for transportation shall certify that the material 

is offered for transportation in accordance with this subchapter by printing on the shipping paper 

containing the certification contained in paragraph (a)(1) of this section of the certification (declaration) 

containing the language contained in paragraph (a)(2) of this section. 

e. 172.301(a)(1), which provides in pertinent part tliat except as otherwise provided by this 

5U[>chapicr. each person v^ho offers a hazardous in.irerini for iransporlalit)n in a nun-bulk packaeiiie imist 

mark the package with the proper shipping name and identification number (preceded by "UN" or "NA" 

as appropriate) for the material as shown in the section 172.101 Table. 

f. 172.400(a), which provides in pertinent part, that except as specified in section 172.400(a), 

each person who offers for transportation or transports a hazardous material in any of the following 

packages (e.g. a non-bulk package) or containment device^ shall label the package or containment device 

with labels specitled for the material in the section 172.101 Table and in this .subpart. 

g I 72.702(a), which provides in pertinent part, that a hazmai employer shall ensure that each of 
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its hazmat employees is trained in accordance with the requirements prescribed in this subpart. 

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

rran.';p<.>riation [49 U.S.C. 5123(a)], Respondent is subject to a civil penalty of not less than S250 ($450 

for trainiiig violations), and.not greater than 550,000 (or $100,000 for violations resulting in death, 

serious illness, or severe injury to any person, or substantial destruction of property) for each of the 

violations alleged. 

?i. Under the facts and circumstances of this case, a civil penally of Si 5.000 is cippiopri/lc. 

WHEREFORE, the Agency, by counsel, respectflilly requests thai the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $ 15:000. 

Dated this 26* day of October, 2011. 

Respectfully submitted, 

A. Lester Haizlip 

Regional Coyn.scl 

Bv: / ' 

Ciayte R. Townsend 

Attorney for Complainant 

Federal Aviation .'\dministration 

901 Locust St., Room 506 

Kansas City, MO 64106-2641 

816-329-3766; Fax(816) 329-3771 

Answer 

Section 13.209(a) of the Rules of Practice in FAA Civil Penalty Pr<.>eeedings states, "A respondent shall 

t1lc a written answer to the complaint, or may file a written motion pursuant lo Section 13.208(d) or 

Section 13.218(0(1-4) instead of tiling an answer, not later than 30 days after ser\'ice of the complaint. 

Section 13.209(f) states, "A person's failure to file an answer without good cause shall be deemed an 

admission of the truth of each allegaiion contained in the complaint. 
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Nu Fashion Beauty Supply Distributors, FAA Case No. 20nCL700023 

CERTIFICATE OF SERVICE 

I hereby certify that I have this date placed in the Untied Stales miiiL certified, return receipt 

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

Ms. Gayle Chyu 

Nu Fashion Beauty Supply Distributors 

1366 Kingsland Ave. 

St. Louis, MO 63133 

W. Bevis Schock, Esq. 

7777 Bonhomme Avenue 

Suite 1300 

St. Loui.s, MO 63105 

In addition. I hereby certify that I have this date placed in the United States mail, certified, return 

receipt requested, the original and one copy, addressed to: 

Federal Aviation Administration 

800 independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2WI000 

Alisa Gause 

Paralegal Specialist 

Da:ed tJiis 16" da\ of October, 2011.