U,S, Department 

of Transportation 

Federal AviQtipn 

Administration 

Office of the Chief Counsel 

U.S. CERTIFIED MAIL, RETURN-RECEIPT REQUESTED 

Ml\R I ,.,:,\9 '{.016 ' 

Hearing Docket 

Federal Aviation Administration 

800IndependenceAvenue,SVV 

VVashington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

VVilbur VVright Building- Suite 2VV1 000 

RE: In the matter of United Parcel Service, Inc., 

FAA Docket No. CP- ; Case No. 2012S0700374 

Enforcement Division 

Southern Team 

1701 Columbia Avenue 

College Park, GA 30337 

MAR 1 4 2018 

H iNG DOCKET 

tD 0\:3> '. ,;}.() ' e:)- ;:),35t 0 

Enclosed are the original and one copy of the complaint in the above-referenced case. The 

Complainant requests that the hearing be held in Atlanta, GA and expects that the hearing in this 

case will last one day. All correspondence to the Complainant in this matter should be directed 

to Ryan Landers, Attorney at: 

Enforcement Division, Southern Team 

1701 Columbia Avenue 

College Park, GA 30337 

email: ryan.landers@faa.gov 

Telephone: (404) 305-5200 (main) 

( 404) 305-5223 (fax) 

Respectfully, 

~~ Attorney 

Enforcement Division, Southern Team 

1701 Columbia Avetme 

College Park, GA 30337 

email: ryan.landers@faa.gov 

Telephone: ( 404) 305-5200 (main) 

(404) 305-5223 (fax) 

Enclosure 
February 29, 2016 

Federal Aviation Administration 

600 Independence Avenue S.W. 

Wilbur Wright Bldg.- Suite 2Wl 000 

Washington, DC 20591 

Attention: Hearing Docket Clerk AGC-4 30 

Re: FAA File No. 2012S0700374 

Request for Hearing 

Dear Clerk: 

!!Frost-n 

tlf6wn loddw~ ATTORNEYS 

Winston E Miller 

Member 

502.568.0296 {t) 

502.581.1087 (f) 

wmiller@fbtlaw.com 

VIA UPS Overnight and Regular U.S. Mail 

Pursuant to 14 C.F.R. 13.16(g)(2)(ii) United Parcel Service, Inc. (an Ohio Corporation, 

"UPS Ground") and United Parcel Service Co. (a Delaware Corporation, "UPS Airlines") 

through its undersigned counsel hereby files a request for hearing regarding the Federal Aviation 

Administration's ("FAA's") Final Notice of Proposed Civil Penalty - FAA File No. 

2012S0700374 dated February 10, 2016 ("Final Notice") and received on February 16, 2016, in 

which the FAA proposed to assess a civil penalty in the amount of $3,250. This Request for 

Hearing is being made on behalf of UPS Ground and UPS Airlines because the Final Notice 

references and is based upon Notice of Proposed Civil Penalty FAA File No. 2012S0700374 

dated September 4, 2014 which was issued against both UPS Ground and UPS Airlines. 

Winston E. Miller 

Counsel for United Parcel Service, Inc. 

and United Parcel Service Co. 

400 West Market Street I 32nd Floor I Louisville, Kentucky 40202-3363 I 502.589.5400 I frostbrowntodd.com 

Offices in Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia 
Federal Aviation Administration 

Page 2 

February 29,2016 

cc: Ryan Landers 

Enforcement Division, Southern Team 

1701 Columbia Avenue 

College Park, GA 30337 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Request for Hearing has been sent via UPS overnight 

delivery, this 29th day of February 2016. 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Bldg. - Suite 2W1 000 

Washington, DC 20591 

Attention: Hearing Docket Clerk (AGC-430) 

and a copy by certified mail- return receipt requested and regular U.S. mail to: 

Ryan Landers 

Enforcement Division, Southern Team 

1701 ColumbiaAvenue 

College Park, GA 30337 

OOOOOXA.0624664 4830-1176-2222vl 

Counsel for United Parcel Service, I'iic. 

and United Parcel Service Co. 

400 West Market Street 1 32nd Floor 1 Louisville, Kentucky 40202·3363 1 502.589.5400 1 frostbrowntodd.com 

Offices in Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. FAA Docket No. 

Judge 

UNITED PARCEL SERVICE COMPANY 

Respondent. 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to 

Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

2 

On February 10,2016, Respondent, United Parcel Service Company was advised through a Final 

Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of $3,250. On March 3, 2016, the Agency Attorney received a written request for a hearing from 

the Respondent. 

II. 

1. On or about September 7, 2012, United Parcel Service, Inc. ("UPS") or its agent 

knowingly offered, for transportation by air, a specification fiberboard box 

containing hazardous materials ("shipment") that was not properly prepared for 

air transportation. 

2. The above-mentioned shipment was assigned UPS 2nd Day Air tracking 

number/air waybill number lZ EW7 552 02 3005 7775. The shipment was 

originally offered by Lambert Vet Supply, 714 5th Street, Fairbury, NE 68352, for 
air transportation to the consignee, Petsmart Inc., 7650 W. Latham Street, 

Phoenix, AZ 85043. 

3 

3. On or about September 10, 2012, employees at the UPS sort facility in Louisville, 

Kentucky discovered the shipment leaking. 

4. The above-mentioned shipment contained six 8.5-ounce plastic containers of 

Merial, Frontline (Fipronil) Spray for Dogs (with sprayer-cap tops). 

5. Further investigation showed one of the plastic containers leaked approximately 8 

ounces of the above-described material into and through above-mentioned 

fiberboard box. 

6. The fiberboard box described above was marked "Consumer Commodity, ORMD". 

7. At all times mentioned herein, the shipment was not accompanied by a Shipper's 

Certification or Declaration of Dangerous Goods. 

8. a. Merial, Frontline (Fipronil) Spray for Dogs is classified as a hazardous 

material under the Department of Transportation Hazardous Materials 

Regulations (HMR) (49 C.F.R. § 172.101). 

b. The proper shipping name of Merial, Frontline (Fipronil) Spray is 

Isopropanol (Isopropyl Alcohol). It is in Hazard Class 3 (Flammable Liquid), 

Packing Group II, and has an assigned identification number of UN1219. The 

proper label is FLAMMABLE LIQUID. 

c. If properly packaged for air transportation pursuant to 49 C.F.R. § 173.27 

the above-described material could have been renamed Consumer Commodity 

and reclassed as ORM-D-Air. 

9. UPS offered the above-described shipment of hazardous 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 of each hazardous material; and, 

(f) the number and type of packages containing hazardous material. 
10. UPS offered the above-described shipment of hazardous material for 

transportation by air and failed to: 

(a) certify that the materials were in accordance with the HMR (49 C.F.R. §§ 

171, et seq.) by printing on the shipping papers the certification set forth in§ 

172.204(a)(l ), 172.204(a)(2), or § 172.204(c) of the HMR; 

(b) prepare the required certifications in duplicate; and, 

(c) add to the certification required in this section the following statement: 

"I declare that all of the applicable air transport requirements have been 

met." 

11. UPS offered the above-described shipment of hazardous materials for 

transportation by air when: 

4 

(a) the outer container was not marked with the proper shipping name of each 

hazardous material contained therein; 

(b) the outer container was not marked with the assigned identification 

number of each hazardous material contained therein; 

(c) a 'ORM-D-AIR" marking was not on the outer container. 

(d) a "FLAMMABLE LIQUID" label was not affixed to the outer container. 

III. 

21. As a result, UPS violated the following sections of the Federal Aviation 

Regulations: 

(a) 49 C.F.R. § 171.2(b) in that UPS offered a hazardous material for 

transportation in commerce and failed to comply with all applicable requirements 

of this subchapter, or an exemption or special permit, approval, or registration 

issued under this subchapter or under subchapter A of this chapter. There may be 

more than one offeror of a shipment of hazardous materials. Each offeror is 

responsible for complying with the requirements of this subchapter, or an 

exemption or special permit, approval, or registration issued under this subchapter 

or subchapter A of this chapter, with respect to any pre-transportation function 

that it performs or is required to perform; however, each offeror is responsible 

only for the specific pre-transportation functions that it performs or is required to 

perform, and each offeror may rely on information provided by another offeror, 
5 

unless that offeror knows or, a reasonable person, acting in the circumstances and 

exercising reasonable care, would have knowledge that the information provided 

by the other offeror is incorrect. 

(b) 49 C.P.R.§ 171.2(e) in that UPS offered or accepted a hazardous material 

for transportation in commerce when the hazardous material was not properly 

classed, described, packaged, marked, labeled, and in condition for shipment as 

required or authorized by applicable requirements of this subchapter, or an 

exemption, approval, or registration issued under this subchapter or under 

subchapter A of this chapter. 

( c ) 49 C.P.R. § 171.2(f) in that UPS transported a hazardous material in 

commerce and failed to transport it in accordance with applicable requirements of 

this subchapter, or an exemption or special permit, approval, or registration issued 

under this subchapter or subchapter A of this chapter. Each carrier who transports 

a hazardous material in commerce may rely on information provided by the 

offeror of the hazardous material or a prior carrier, unless the carrier knows or, a 

reasonable person, acting in the circumstances and exercising reasonable care, 

would have knowledge that the information provided by the offeror or prior 

carrier is incorrect. 

22. In accordance with Section 5123(a) of Chapter 51, Title 49 of the United States 

Code of Transportation, [49 U.S.C. Section 5123(a)], United Parcel Service, Inc. 

is liable for a civil penalty of not less than $450 for training violations, nor greater 

than $75,000, for each violation of the regulations ($175,000 if death, serious 

illness, severe injury, or substantial property damage results). After reviewing all 

of the information contained in our investigative file, we propose to assess a civil 

penalty in the amount of $3,250. 

23. Under the facts and circumstances of this case, a civil penalty of$3,250 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $3,250. /'\ ,., LYL 

Respectfully submitted this T day of March, 2016. 

Myan Landers 

Attorney 

Enforcement Division, Southern Team 
PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 3 0 days after the date 

shown on the Certificate of Service which follows. 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed 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 2WIOOO 

Winston E. Miller 

Frost Brown Todd LLC 

400 West Market Street, 32nd Floor 

Loui ville, KY 

Program Analyst 

Dated 

original and I copy 

6