U.S. Department of Transportation Federal Aviation Administration Office of the Chief Counsel

U.S. CERTIFIED MAIL, RETURN-RECEIPT REQUESTED 

## .MAR 1 8 

# 20161 Hearing Docket Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Suite 2W1000 RE: Inthe matter ofPeter Hantz Company FAA DocketNo. CP- ; Case No. 201280700041 Enforcement Division Southern Team 1701 Columbia Avenue College Park, GA 30337

,1,'-

Enclosed are the original and one copy ofthe complaint inthe above-referenced case. The Complainant requests that the hearing be held in Phoenix AZand expects that the hearing in this case will last one day. All correspondence to the Complainant in this matter shouldbe directed to Ryan Landers, Attorney at: EnforcementDivision, SouthernTeam 1701 ColumbiaAvenue College Park, GA 30337 email: ryan.landers@faa.gov Telephone: (404) 305-5200 (main) (404) 305-5223 (fax) Respectful!y,

Ryan Landers Attorney Enforcement Division, Southern Team 1701 ColumbiaAvenue College Park, GA 30337 email: ryan.landers@faa.gov Telephone: (404) 305-5200 (main) (404) 305-5223 (fax) Enclosure03/15/2016 13:11 602-631-4404 

# HINSHAW

& C U 1. A E R T S 0 N I_ L I' TlrnQthy I. McCulloeh tmceulloeh@ninshawlaw.com



### March 15, 2016 VIA UPS OVERNIGHT 

### Federal Aviation Administration 

### Attn: HearingDocket Clerk,AGC-430 600 Independence Avenue, S.W. Wilbur WrightBuilding- Suite 2Wl000 Washington, D.C. 20591 HINSHAW & CULBERTSON



### Re: PeterHantz Company, CaseNo. 2012S0700041 Dear Gentleperson: PAGE 02/02

ATTDJINIYS AT l-AW 2375 E. Comelbacl< RO. Suite 750 Phoeni,)\z 85016 602-631-4400 602-631-4404 (fax) www.hlnshawlaw.com



### This law firm represents PeterHantz Company. We ask that all correspondence be sent to this office. This letter shall serve as the request for hearing in the matter of 2012S0700041 as required by 14 C.P.R. §13.6(h). The final noti.ce ofproposed civil penalty was received onMarch 9, 2016. Very truly yours,

Timothy I. 

### McCulloch TlM:tr
cc: Ryan Landers (viaemail/facsimile)

BUildinganthe BsrgorTr.nlltlon Arllona California Florl'da IIDnois

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**N~** York Rhode Island Wl&CQil.sJn • London 23447884vl2904U.S. DEPARTMENT OF TRANSPORTATION OFFICE OFHEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. PETERHANTZ COMPANY Respondent.
JUDGENOT YET ASSIGNED FAA DocketNo. Judge

COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: I. 2

OnFebruary 29, 2016, Respondent, United Parcel Service Company was advised tlnough a Final Notice ofProposed Civil Penalty thatthe FAAproposedto assess a civil penalty inthe amount of$77,000. OnMarch 15, 2016, the Agency Attorneyreceived a writtenrequest for a hearing from the Respondent. II. l. On or about November 2, 2011, Peter Hantz Company (Peter Hantz) knowingly offeredto United Parcel Service (UPS) a one-piece shipment consisting ofa fiberboard box containing hazardous materials for transportationby air. 2. The above-mentioned shipmentwas assigned UPS tracking number 1Z 847 624 4684 0410. The shipmentwas offered by Peter Hantz co/Asazi Inc./Kyla 2000, 1840 E. University, Tempe, Arizona 85281, for transportation to the consignee, Aladdin Beauty College # 7, 1101 Melbourne Road Suite B-5A, Hurst, TX 76053.

### 3. At all times mentioned herein, the above-mentioned shipment was not accompanied by a Shipper's Certification or Declaration ofDangerous Goods. 4. On or about November 2, 2011 the above-mentioned shipment was flown on a regularly scheduled UPS cargo flight in air transportation to the UPS sort facility in Louisville, Kentucky. 5. On or aboutNovember 3, 2011, ground-handling personnel at the UPS sort facility discovered the above-mentioned shipment leaking. 6. The above-mentioned fiberboard box contained four 16-ounce plastic containers 3



### ofRavi Nail Liquid, forty-one !-ounceplastic containers ofRavi Acrylic Nail Liquid, and fortyone 7.5 ml glass containers ofStarNail X-Strength Primer. 7. Further investigation showed that approximately four ounces ofthe 16-ounce Ravi Nail Liquid had leaked into and through the fiberboard container. 8. (a) "AcrylicNail Liquid" and "Nail StrengthPrimer" are classified as hazardous material under the Department ofTransportation Hazardous Materials Regulations (HMR) (49 C.F.R. § 172.101). (b) The proper shipping name ofone ofthe materials is Ethyl Methacrylate, Stablized. It

### is in Hazard Class 3 Flanunable Liquid, Packing Group II, and has an assigned identification number ofUN 2277. The proper label is FLAMMABLE LIQUID. The proper shipping name ofthe other material is Methacrylic Acid, Stabilized. It

### is in Hazard Class 3 Flammable Liquid, Packing Group II, and has an assigned identification number ofUN 2531. The proper label is FLAMMABLE LIQUID. 9. Peter Hantz offered the above-described shipment ofhazardous material for transportation by air without shipping papers that included: (a) the assigned identification number prescribed for eachhazardous material; (b) the proper shipping name prescribed for each hazardous material; (c) the hazard class prescribed for each hazardous material; (d) the total net mass perpackage ofeachhazardous material; and, (e) the number and type ofpackages containing hazardous material. I0. Peter Hantz offered the above-described shipment ofhazardous material for transportation by air and failed to:(a) certifythatthe materials were in accordance withthe HMR (49 C.P.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) ofthe HMR; (b) prepare the required certifications in duplicate; and, (c) addto the certificationrequired inthis sectionthe following statement: "I declare that all ofthe applicable air transport requirements have beenmet." 11. PeterHantz offered the above-described shipment ofhazardous materials for transportation by air when: 4

(a) the outer container was not marked withthe proper shipping name ofeach hazardous material contained therein; (b) the outer container was notmarked with the assigned identification number ofeach hazardous material contained therein; (c) the outer containerwas not markedwith standard orientation markings (as prescribed in49 C.P.R. §172.312(a)) ontwo opposite vertical sides ofthe package withthe arrows pointing in the correct upright direction; and (d) a "FLAMMABLE LIQUID" label was not affixed to the outer container. 12. Peter Hantz 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. Peter Hantz offered the above-described shipment ofhazardous material for transportationby 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. PeterHantz offered the above-described shipment ofhazardous material for transportationby air and failed to ensurethat each ofits hazmat employees was trained in accordance withtheprescribed requirements as set forth in Section 172.704. 15. PeterHantz offeredthe above-described shipment ofhazardous material for transportationby air and failed to keep a properrecord oftraining for each ofits hazmat employees in accordance withthe prescribed requirements as set forth in Section 172.704(d).16. PeterHantz offered the above-described shipment ofhazardous material for transportationby air and failed to properly instruct each ofits agents having any responsibility for preparing hazardous materials for shipment. 17. Peter Hantz offered the above-described shipment for transportation in a packaging or container and failed to properly class and describe the hazardous material. 18. Peter Hantz offered the above-described shipment ofhazardous material for transportationby air whenthe packaging was not designed, constructed, maintained, filled, its contents so limited, and closed, so that nnder conditions normally incidentto transportation, there would be no identifiable release ofhazardous material to the environment. 19. Peter Hantz offered the above-described shipment ofliquid hazardous materials for transportationby air and failed to use an authorized combinationpackaging for its transportation.
III. 20. As a result, UPS violated the following sections ofthe Federal Aviation Regulations: 21. Section 171.2(e) in that Peter Hnatz offered ortransported ahazardous material 5

for transportation in commerce whenthe hazardous material was not properly classed, described, packaged, marked, labeled, and in conditionfor shipment as required or authorizedby applicable requirements ofthis subchapter, or an exemption, approval, or registration issued under this subchapter or under subchapter A ofthis chapter. 22. Sections 172.200(a) and 172.202(a)(l) in that PeterHantz offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers including the identification numberprescribed for the material as shown in Column 4 ofthe § 172.101 Table, in the manner required by this subpart. 23. Sections 172.200(a) and 172.202(a)(2) in that Peter Hantz 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. 24. Sections 172.200(a) and 172.202(a)(3) in that PeterHantz offered a hazardous material for transportation andfailed 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. 25. Sections 172.200(a) and 172.202(a)(4) in that Peter Hantz offered a hazardous material for transportation and failed to describe the hazardous material on shipping papersincluding the packing group in Roman numerals, as designated for the hazardous material in Column 5 ofthe § 172.101 Table. 26. Sections 172.200(a) and 172.202(a)(6) in that Peter Hantz offered a hazardous 6

material for transportationby aircraft and failed to describe the hazardous material Qn shipping papers showing the total mass per package, unless a gross mass is indicated in Columns (9A) or (9B) ofthe 

### § 172.101 Table inwhich case the total gross mass perpackage mustbe shown; or , for Class 7 materials, the quantity ofradioactive must be shownby activity. 27. Sections 172.200(a) and 172.202(a)(7) in that PeterHantz offered a hazardous material for transportation and failed to describe the hazardous material on shipping papers indicatingthe number and type ofpackages (for example, "12 drums"). 28. Sections 172.204(a) or (c)(!) in that Peter Hantz offered a hazardous material for transportation and failed to certify that the material was offered for transportation in accordance with this subchapterby printing on the shipping paper containing the required shipping description one ofthe certifications set forth in this part. 29. Section 172.204(c)(2) in that Peter Hantz offered a hazardous material to an aircraft operator for transportation by air and failed to provide two copies ofthe certification required in this section. 30. Section 172.204(c)(3) in that Peter Hantz 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.". 31. Section 172.301(a) in that Peter Hantz offered for transportation a hazardous material in a non-bulk packaging and failed to mark the package withthe proper shipping name and identificationnumber (preceded by "UN" or "NA", as appropriate) for the material as shown inthe §172.101 table. 32. Sections 172.300(a) and 172.312(a) in that Peter Hantz offered hazardous material for transportation and failed to properlypackthe package ofliquid hazardous material with closures upward and legibly mark the package with standard orientation markings, ontwo opposite vertical sides ofthe package with the arrows pointing in the correct upright direction. 33. Section 172.400(a) in that Peter Hantz 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 inthe §172.101 Table and in this subpart. 34. Section 172.600(c) in that Peter Hantz offered for transportation a hazardous material and failed to make the emergency response information immediately available for use at all times the hazardous material was present, and failed to make such information, including anemergency 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. 35. Section 172.604(a)(3) inthat Peter Hantz offered a hazardous material for transportation and failed to provide a 24-hour emergencyresponse telephone number which was entered on a shippingpaper inthe manner required by this paragraph for use inthe event ofan emergency involving the hazardous material. 36. Section 172.604(b) inthatPeter Hantz offered a hazardous material for 7

transportation and failed to provide the emergencytelephone number required by paragraph (a) ofthis sectionwhich was either that ofthe person offering the hazardous material, or an agency or organization capable of, and accepting responsibility for, providingthe current detailed information conceruing the hazardous material. 37. Sections 172.702(a) and 172.704(a)(l) in that Peter Hantz offered a hazardous material for transportation and failed to ensure that each hazmat employee was provided general awareness/familiaritytraining designed to provide familiarity withthe requirements ofthis subchapter and to enable the employee to recognize and identify hazardous materials consistent with the hazard communication standards ofthis subchapter. 38. Section 173.24(b)(l) in that PeterHantz failed to use a package which was designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normally incident to transportation, there would be no identifiable (without the use of instruments) release ofhazardous material to the environment. 39. Section 173.202 inthat Peter Hantz offered for transportation a package containing liquid hazardous material inPacking Group II when §172.101 ofthis subchapter specified that it be packagedunder this section and failed to use non-bulk packagings prescribed in this 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 ofColunm 7 ofthe §172.101 Table. 40. In accordance with Section 5123(a) ofChapter 51, Title 49 ofthe United States Code ofTransportation, [49 U.S.C.§ 5123(a)], Peter Hantz is liable for a civil penalty ofnot less than $250 ($450 for training violations), nor greater than $50,000 (or $100,000 for violations resulting in death, serious illness, or severe injury to any person, or substantial destruction of property), for eachviolation ofthe regulations. After reviewing our investigative file, we propose to assess a civil penalty inthe amount of$77,000 for these violations. 41. Underthe facts and circumstances ofthis case, a civil penalty of$77,000 is appropriate. WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge enter an orderthat Respondentbe assessed a civil penalty inthe amount of$77,000.Respectfully submitted this

## ~anders Attorney**I~** day ofMarch, 2016.

Enforcement Division, Southern Team PLEASE NOTE: Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answerto this Complaint, or a writtenMotionto Dismiss ifappropriate, not later than 30 days after the date shown on the Certificate ofService which follows.
CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Complaint has beenmailed this date by Certified Mail, Return Receipt Requested, to the following: Hearing Docket Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 Timothy I. McCulloch HINSHAW & Culbertson LLP 2375 E. Camelback Road Suite 750 Phoenix, AZ 85016

# M1ttL.~~ Program Analyst

Dated original and 1 copy 8