### GIVENS

### & JOHNSTON,PLLC

COUNSELORSATLAW ROBERTT.GIVENS JOSEPH"J"ACAYAN SHARONSTEELEDOYLE JAMESGARLANDHURST CLIJ\;TONK.Yc 950ECHOLANE,SUITE360 HOUSTON,TEXAS 77024-2788 Internet: givensjohnston.com SCOTTL.JOHNSTON TEL(713)932-1540 FAX(713)932-1542 WATTS(800)285-8042 Email: sjohnston@givensjohnston.com 

### July30,2013 SubmittedViaFedExNo.:796354091134 HeaTingDocket FederalAviationAdministration 600IndependenceAvenue,SW WilburWrightBuilding-Suite2Wl000 Washington,DC 20591 Attn: HearingDocketClerk,AGC-430 Re: REQUESTFORHEARING;CASENO.2012SW700236;ABOSupplyLLC OnbehalfofABOSupplyLLC,asitsduly-empoweredagent,

### VweherebyrequestaheaTing(to beheldinHouston,Texas)inaccordancewithSubpartGofPart13oftheFAARegulations(14 CFR13,SubpartG),intheabove-referencedProposedCivilPenaltycase(copyofFinalNotice ofProposedCivilPenaltyattached),whereintheFAAproposesacivilpenaltyagainstABO SupplyLLCintheamountof$54,000foralitanyofallegedviolationsallallegedlyconnectedto ortheresultthesame,singletransaction. PleaseforwaTdallcorrespondencerelatedtothismattertomyattentionattheaddress,email addTess,faxand/ortelephonenumberindicatedabove. Inadditiontotheexecutedoriginalandonecopydeliveredbythecourieridentifiedabove,I herebycertifYthatatrue copyofthisfilinghasalsobeenprovidedtothefollowingindividual: Mr.JamesArchier,Attorney FAA,OfficeofRegionalCounsel SouthwestRegion 2601MeachamBlvd.,Room663 FortWorth,TX76137 

# RECEIVED JUL3 12013 HEARINGDOCKET FAX#: 817-222-5945 james.aTchier@faa.gov

ScottL.

### Johnston Givens&

### Johnston,PLLC AttorneysforABOSupplyLLCU.S.Department ofTransportation Federal Aviation Administration July 16, 2013 SouthwestRegion Arkansas,Louisiana, NewMexico,Oklahoma Texas

Via Federal Express Mr. Scott L. Johnston Givens &Johnston, PLLC 950 Echo Lane, Suite 360 Houston, Texas 77024 OfficeofRegionalCounsel,**ASW~7** 2601 MeachamBlvd. FortWorth,TX76137 (817)222-5099 (817)222-594515092FAX 

# RECEIVED JUL3 12013 HEARINGDOCKET

Re: ABO Supply LLC, FAA CaseNo. 2012SW700236 

### FINAL NOTICE OF PROPOSED CIVIL PENALTY On January 2, 2013, the Federal AviationAdministration advised ABO Supply, LLC ("ABO Supply") through a Notice of Proposed Civil Penalty that it proposed to assess a civil penalty against ABO Supply in the amount of $54,000.00 for violation of the hazardous material regulations. On July 10, 2013 the parties held an informal conference. To date no settlement has been reached in this case. 1. On or about August 15, 2012, ABO Supply, LLC offered hazardous material to Emirates Airlines for air transportation in commerce from Houston, Texas to Sana'a Yemen. 2. The shipment consisted of two glass bottles containing one liter each of Acetonitrile. 3. Both bottles were contained inside of an unmarked fiberboard box. 4. The proper shipping name for Acetonitrile is Acetonitrile, hazard class 3, Packing Group II. 5. Acetonitrile, hazard class 3, Packing Group II is classified as a hazardous material under the Department of Transportation Hazardous Material Regulations (49 C.F.R. § 172.101). 6. At all times mentioned herein, the above-described unmarked, unlabeled fiberboard box was not marked with theproper shipping name or UN identification number of the hazardous material. 7. At all times mentioned herein, the above-described box was not labeled with the proper hazardous material labels, was not accompanied by a shipper's declaration of dangerous goods, shipper's certification or other proper shipping documents containing the information, including emergency response information, required by the hazardous material regulations, and was not otherwise in a condition for transportation by air as required by the hazardous material regulations. 8. The shipment was sent via Emirates Cargo International air way bill number 17632209940. 9. The shipper was ABO Supply, 11201 Green Crossing Blvd., Suite 800, Houston, Texas 77067. 10. The consignee was Yemen LNG Company LTD, ADBHAN Building, Haddah Street, P.O. Box 15347, Sana'a, Republic of Yemen. 11. The shipment was discovered at the Emirates Airline Warehouse, Dubai, United Emirates. 12. ABO Supply offered hazardous material for transportation by air when the material was not properly classed, described, packaged, marked, labeled, and in a condition for shipment as required or authorized by applicable requirements of the hazardous material regulations. 13. ABO Supply offered hazardous material for transportation in air commerce with a shipping paper that failed to contain an emergency response telephone number or failed to identify the person (by name or contract number) who has a contractual agreement with the service provider, as prescribed in subpart G of this this part. 14. ABO Supply offered hazardous material for transportation by air when the shipping papers did not include: (a) the identification number prescribed for the material as shown in Column (4) of the § 172.101 table; (b) the proper shipping name prescribed for the material in Column (2) of the § 172.101 table;
2(c) the hazard class or division number prescribed for the material, as shown in Column (3) of the § 172.101 table; (d) the packing group in Roman numerals, as designated for the hazardous material in Column (5) of the § 172.101 table; (e) the total net mass per package, must be shown unless a gross mass is indicated in Columns (9A) or (9B) of the § 172.101 table in which chase the total gross mass per package must be shown; (f) the number and type of packages must be indicated. 15. ABO Supply offered hazardous material for transportation in air commerce and failed to indicate on the shipping papers that the shipment was within the limitations prescribed for either passenger and cargo aircraft or cargo aircraft only. 16. ABO Supply offered hazardous material for transportation by air and failed to certify by printed certification, in the manner allowed by 49 C.F.R. §§ 172.204(a)(1),(2) or 172.204(c)(1), that the material was offered for transportation in accordance with the hazardous material regulations. 17. ABO Supply offered hazardous material for transportation by air when it failed to provide two copies of the certification showing that the materials were in accordance with the certification set forth in§ 172.204(a)(1),(2) or§ 172.204(c)(1) of the hazardous materials regulations. 18. ABO Supply offered hazardous material for transportation in air commerce when it failed to provide an additional certification that read: 

### RI declare that all the applicable air transport requirements have been met." 19. ABO Supply offered hazardous material for transportation in air commerce and failed to ensure that the certifications required by paragraphs (a) and (c) of 49 C.F.R. § 204 were signed by a principal, officer, partner, or employee of the shipper or his agent. 20. ABO Supply offered hazardous material for transportation in air commerce in non-bulk packaging and failed to mark the


### 3package with the proper shipping name and identification number for its contents. 21. ABO Supply offeredhazardous material for transportation in air commerce in non-bulkpackaging and failed tomark the package with orientation arrows. 22. ABO Supply offered hazardous material for transportation by air and failed to label the package or containment device with the label specified in Section 172.101 (49 C.F.R. § 172.101). 23. ABO Supply offered hazardous material for transportation by air and failed to make emergency response information immediately available for use at all times the hazardous material was present. 24. ABO Supply offered hazardous material for transportation by air and failed to make emergency response information, including an emergency response telephone number, required by this subpart immediately available to any person who, as a representative of a Federal, State, or local government agency, responds to an incident involving a hazardous material, or is conducting an investigation, which involves a hazardous material. 25. ABO Supply offered hazardous material for shipment by air and failed to provide an emergency response telephone number (including area code) for use in the event of an emergency involving hazardous material that is monitored at all times that the material is in transportation, including storage incidental to transportation. 26. ABO Supply offered hazardous material for shipment by air and failed to provide an emergency response telephone number of a person knowledgeable of the hazardous material being shipped and who has comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person possessing such knowledge and information. 27. ABO Supply offered hazardous material for transportation by air and failed to provide an emergency response telephone number, for use in the event of an emergency involving the hazardous material, and entered on a shipping paper immediately following the description of the hazardous



### 4material required by subpart C of this part, or entered once on the shipping paper in a clearly visible location. 28. ABO Supply offered hazardous material for transportation by air and failed to train the HAZMAT employees who offered the shipment. 29. ABO Supply offered hazardous material for transportation by air in a package and failed to class and describe the hazardous material in accordance with Parts 172 and 173. 30. ABO Supply offered hazardous material for transportation by air in a package and failed to determine that the packaging or container was authorized packaging, including Part 173 requirements, ant it was manufactured, assembled, and marked in accordance with§ 173.7(a) and Parts 173, 178, or 179. 31. ABO Supply offered hazardous material for transportation by air in a package and and failed to include the certification statement specified in§ 172.204(c)(3). 32. ABO Supply offered hazardous material for transportation by air in non-bulk packaging and failed to use packaging that conformed to the general packaging requirements of Subpart B of Part 173, to the requirements of Part 178 at the Packing Group I or II performance level and to the particular requirements of the special provisions of Column 7 of § 172.101 Table. 33. By reason of the above, ABO Supply violated the following Department of Transportation Hazardous Materials Regulations (Title 49 of the Code of Federal Regulations):

a. Section 171.2(e) (49 C.F.R. § 171.2(e)), in that it offered hazardous material for transportation by air in commerce when the material was not properly classed, described, packaged, marked, labeled, and in a condition for shipment as required or authorized by applicable requirements of the hazardous material regulations. b. Section 172.200(a) (49 C.F.R. § 172.200(a)), which requires that each person offering a hazardous material for transportation to properly describe the hazardous material on the shipping papers.

5c. Section 172.20l(d) (49 C.F.R. § 172.20l(d)), in that it offered hazardous material for transportation in air commerce with a shipping paper that failed to contain an emergency response telephone number or failed to identify the person (by name or contract number) who has a contractual agreement with the service provider, as prescribed in subpart G of this this part. d. Section 172.202(a)(1) (49 C.F.R. § 172.202(a)(1)) in that it offered hazardous material for transportation in air commerce when the required hazardous material description on the shipping papers did not include the identification number prescribed for the material as shown in Column 4 of the § 172.101 Table.

e. Section 172.202(a)(2) (49 C.F.R. § 172.202(a)(2)) in that it offered hazardous material for transportation in air commerce when the required hazardous material description on the shipping papers did not include the proper shipping name prescribed for the material in Column 2 of the§ 172.101 Table. f. Section 172.202(a)(3) (49 C.F.R. § 172.202(a)(3)) in that it offered hazardous material for transportation in air commerce when the required shipping papers did not include the hazard class or division number prescribed for the material, as shown in Column (3) in the Hazardous Materials Table, referenced in section 172.101. g. Section 172.202(a)(4) (49 C.F.R. § 172.202(a)(4)) in that it offered hazardous material for transportation in air commerce when the required shipping papers did not include the Packing Group, in Roman numerals, prescribed for the material in Column 5 of the§ 172.101 Table. h. Section 172.202(a)(6) (49 C.F.R. § 172.202(a)(6)) in that it offered hazardous material for transportation in air commerce and failed to describe on the shipping papers the total net mass per package, unless a gross mass is indicated in Columns (9A) or (9B) of the § 172.101 Table. i. Section 172.202(a)(7) (49 C.F.R. § 172.202(a)(7)) in that it offered hazardous material for transportation in air commerce and failed to describe on the shipping papers the number and type of packages.



### 6j. Section 172.203(f)) (49 C.F.R. § 172.203 (f)) in that it offered hazardous material for transportation in air commerce and failed to indicate on the shipping papers that the shipment was within the limitations prescribed for either passenger and cargo aircraft or cargo aircraft only. k. Section 172.204(a)(49 C.F.R. § 172.204(a)) in that it offered hazardous material for transportation by air and failed to certify by printed certification, in the manner allowed by 49 C.F.R. §§ 172.204(a)(1) or 172.204(a) (2), that the material was offered for transportation in accordance with the hazardous material regulations. l. Section 172.204(c)(2) (49 C.F.R. § 172.204(c)(2) in that it offered hazardous material for transportation by air when it failed to provide two copies of the certification showing that the materials were in accordance with the certification set forth in§ 172.204(a)(1) (2) or§ 172.204(c)(1) of the hazardous materials regulations.

m. Section 172.204(c)(3) (49 C.F.R. § 172.204(c)(3) in that it offered hazardous material for transportation by air when it failed to provide an additional certification that read: 

### •r declare that all the applicable air transport requirements have been met."

n. Section 172.204(d) (49 C.F.R. § 172.204(d) in that it offered hazardous material for transportation by air and failed to ensure that the certifications required by paragraphs (a) and (c) of 49 C.F.R. 204 were signed by a principal, officer, partner, or employee of the shipper or his agent.

o. Section 172.300 (49 C.F.R. § 172.300), which requires that each person offering a hazardous material for transportation to properly mark each package, freight container, and transport vehicle containing the hazardous material. p. Section 172.301(a) (49 C.F.R. § 172.301(a)) in that it offered a hazardous material for transportation in air commerce in non-bulk packaging and failed to mark the package with the proper shipping name and identification number for its contents.



### 7q. Section 172.312(a) (49 C.F.R. § 172.312(a)) in that it offered a hazardous material for transportation in air commerce in a non-bulk package and failed to mark the package with orientation arrows.

r. Section 172.400(a) (49 C.F.R. § 172.400(a)) in that it offered hazardous material requiring labeling under the hazardous material regulations for transportation in air commerce and failed to label the package or containment device with the label specified in Section 172.101 (49 C.F.R. § 172.101).

s. Section 172.600 (49 C.F.R. § 172.600)), which requires that each person offering a hazardous material for transportation to provide and maintain emergency response information during transportation and at the facility where hazardous materials are loaded for transportation, stored incidental to transportation or otherwise handled during any phase of transportation.
t. Section 172.600(c)(1)) (49 C.F.R. § 172.600(c)(1)) in that it offered hazardous material for transportation by air and failed to make emergency response information immediately available for use at all times the hazardous material was present.

u. Section 172.600(c)(2)) (49 C.F.R. § 172.600(c)(2)) in that it offered hazardous material for transportation by air and failed to make emergency response information, including emergency response telephone number, required by this subpart immediately available to any person who, as a representative of a Federal, State, or local government agency, responds to an incident involving a hazardous material, or is conducting an investigation which involves a hazardous material.

v. Section 172.604(a)(1)) (49 C.F.R. § 172.604(a)(1)) in that it offered hazardous material for shipment by air and failed to provide an emergency response telephone number (including area code) for use in the event of an emergency involving hazardous material that is monitored at all times that the material is in transportation, including storage incidental to transportation.

w. Section 172.604(a)(2)) (49 C.F.R. § 172.604(a)(2)) in that it offered hazardous material for transportation by air and failed to provide an emergency response telephone number
8of a person knowledgeable of the hazardous material being shipped and who has comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person possessing such knowledge and information.

x. Section 172.604(a}(3}} (49 C.F.R. § 172.604(a}(3}} in that it offered hazardous material for transportation by air and failed to provide an emergency response telephone number, for use in the event of an emergency involving the hazardous material, and entered on a shipping paper immediately following the description of the hazardous material required by subpart C of this part, or entered once on the shipping paper in a clearly visible location. y. Section 172.702(a}} (49 C.F.R. § 172.702(a}} in that it offered hazardous material for transportation by air and failed to train the HAZMAT employee who offered the shipment.

z. Section 173.1(b} (49 C.F.R. § 173.1(b}, which prohibits the shipment of hazardous material by air that was not packed in packaging specified in Part 173.

aa. Section 173.22(a}(1}} (49 C.F.R. § 173.22(a} (1}} in that it offered hazardous material for transportation by air in a package and failed to class and describe the hazardous material in accordance with Parts 172 and 173. bb. Section 173.22(a}(2} (i}} (49 C.F.R. § 173.22(a}(2} (i}} in that it offered hazardous material for transportation by air in a package and failed to determine that the packaging or container was authorized packaging, including Part 173 requirements, ant it was manufactured, assembled, and marked in accordance with§ 173.7(a} and Parts 173, 178, or 179.

cc. Section 173.27(i}} (49 C.F.R. § 173.27(i}}} in that it offered hazardous material for transportationby air and failed to include the certification statement specified in § 172.204(c)(3}. dd. Section 173.202(a}} (49 C.F.R. § 173.202(a}}} in that it offered hazardous material in non-bulk packaging and failed to use packaging that conformed to the general packaging requirements of Subpart B of Part 173, to the requirements of Part 178 at the Packing Group I or II performance level and to the particular requirements of the special provisions of Column 7 of§ 172.101 Table. 

### 9Under Section 5123(a) of Chapter 51, Title 49 of the United States Code of Transportation, 49 U.S.C. § 5123, ABO Supply is liable for a civil penalty of at least $450 for training violations, nor greater than $75,000 ($175,000 if death, serious illness, severe injury, or substantial property results), for each violation of the regulations cited. We propose to assess a civil penalty for all violations in the amount of $54,000.00. Unless you mail or personally deliver, in writing, your request for a hearing in this matter, within 15 days after you receive this final notice, we will issue an Order Assessing Civil Penalty and you will have no further right to a hearing. If you do not submit a written request for a hearing, you must pay the proposed civil penalty. Your request for a hearingmust be sent to the Hearing Docket at the following: STRE-ET ADDRESS, IF YOU ARE FILINGA DOCUMENT VIA PERSONAL DELIVERY OR EXPEDITED COURIER (for hand-carriedpersonal delivery 

### or commercial expedited deliveries, such as UPS 

### or FedEx Express):

Hearing Docket Federal AviationAdministration 600 Independence Avenue, SW Wilbur Wright Building-Suite 2W1000 Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 MAILING ADDRESS, IF YOU ARE FILING A DOCUMENT VIA U.S. MAIL (use when sending documents by U.S. Mail only): Hearing Docket Federal Aviation Administration 800 Independence Avenue, SW Wilbur Wright Building-Suite 2W1000 Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Your request must be dated and signed, in accordance with 14 CFR § 13.16h of the Federal Aviation Regulations, sent to you with the Notice of Proposed Civil Penalty. A copy of your request must also be sent to the undersigned attorney.
10You may pay the proposed penaltyby submitting a check or money order, payable to the "Federal Aviation Administration," to the Accounts Receivable Branch, AMZ-350, P.O BOX 25770, Oklahoma City, Oklahoma 73125-4915, ATTN: Sonny Rogers. Please be sure to indicate the FAA Case Number on the front of your check.

Please direct all correspondence in this matter to:

ERIC E. ANDERSON Regional Counsel Southwest Region

By: _..»-«wys Archier, James Archier, Agency Attorney Federal Aviation Administration Southwest Region Office of Regional Counsel Fort Worth, TX 76137



# '

222-5074 222-5092 (FAX)



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