GIVENS & JOHNSTON, PLLC 

ROBERT T. GIVENS COUNSELORS AT LAW 

JOSEPH "J" ACAYAN 

SHARON STEELE DOYLE 

JAMES GARLAND HURST 

CLIJ\;TON K. Yc 

950 ECHO LANE, SUITE 360 

HOUSTON, TEXAS 77024-2788 

Internet: givensjohnston.com 

SCOTT L. JOHNSTON 

TEL (713) 932-1540 

FAX (713) 932-1542 

WATTS (800) 285-8042 

Email: sjohnston@givensjohnston.com 

July 30, 2013 

Submitted Via FedEx No.: 7963 5409 1134 

HeaTing Docket 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building-Suite 2Wl000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Re: REQUEST FOR HEARING; CASE NO. 2012SW700236; ABO Supply LLC 

On behalf of ABO Supply LLC, as its duly-empowered agent, Vwe hereby request a heaTing (to 

be held in Houston, Texas) in accordance with Subpart G of Part 13 of the FAA Regulations (14 

CFR 13, Subpart G), in the above-referenced Proposed Civil Penalty case (copy of Final Notice 

of Proposed Civil Penalty attached), wherein the FAA proposes a civil penalty against ABO 

Supply LLC in the amount of $54,000 for a litany of alleged violations all allegedly connected to 

or the result the same, single transaction. 

Please forwaTd all correspondence related to this matter to my attention at the address, email 

addTess, fax and/or telephone number indicated above. 

In addition to the executed original and one copy delivered by the courier identified above, I 

hereby certifY that a true copy of this filing has also been provided to the following individual: 

Mr. James Archier, Attorney 

FAA, Office ofRegional Counsel 

Southwest Region 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137 

RECEIVED 

JUL 3 1 2013 

HEARING DOCKET 

FAX#: 817-222-5945 

james.aTchier@faa.gov 

Scott L. Johnston 

Givens & Johnston, PLLC 

Attorneys for ABO Supply LLC 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

July 16, 2013 

Southwest Region 

Arkansas, Louisiana, 

New Mexico, Oklahoma 

Texas 

Via Federal Express 

Mr. Scott L. Johnston 

Givens & Johnston, PLLC 

950 Echo Lane, Suite 360 

Houston, Texas 77024 

Office of Regional Counsel, ASW~7 

2601 Meacham Blvd. 

Fort Worth, TX 76137 

(817) 222-5099 

(817) 222-594515092 FAX 

RECEIVED 

JUL 3 1 2013 

HEARING DOCKET 

Re: ABO Supply LLC, FAA Case No. 2012SW700236 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On January 2, 2013, the Federal Aviation Administration 

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 the 
proper 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 

3 
package with the proper shipping name and identification 

number for its contents. 

21. ABO Supply offered hazardous material for transportation in air 

commerce in non-bulk packaging and failed to mark 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 

4 
material 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. 

5 
c. 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. 

6 
j. 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. 

7 
q. 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 

8 
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. 

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 transportation by 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. 

9 
Under 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 hearing must be sent to the Hearing Docket 

at the following: 

STRE-ET ADDRESS, IF YOU ARE FILING A DOCUMENT VIA PERSONAL 

DELIVERY OR EXPEDITED COURIER (for hand-carried personal 

delivery or commercial expedited deliveries, such as UPS or 

FedEx Express) : 

Hearing Docket 

Federal Aviation Administration 

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. 

10 
You may pay the proposed penalty by 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) 

11