U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Office. of the Chief Counsel 

U.S. CERTIFIED MAIL, RETURN-RECEIPT REQUESTED 

2015' ' 

Hearing Docket 

Federal Aviation Administration 

800lndependenceAvenue, SVV 

VVashington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

VVilbur VVright Building- Suite 2VVl 000 

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

FAA Docket No. CP- ; Case No. 2012S0700099 

Enforcement Division 

Southern Team 

1701 Columbia Avenue 

College Park, GA 30337 

CE\ 

MAR 1 4 2016 

Hf=ARlNG DOCKET 

\- D"~'"'-S ·. aot tv- 4atod. 

Enclosed are the original and one copy ofthe complaint in tbe 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 Andrea Michelle Harper, Senior Attorney at: 

Enforcement Division, Southern Team 

170 l Columbia Avenue 

College Park, GA 30337 

email: michelle.harper@faa.gov 

Telephone: (404) 305-5200 (main) 

(404) 305-5223 (fax) 

Respectfully, 

Andrea Michelle Harper 

Senior Attorney 

Enforcement Division, Southern Team 

1701 CJlumbia Avenue 

College Park, GA 30337 

email: michelle.harper@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 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk AGC-430 

Re: FAA File No. 2012S0700099 

Request for Hearing 

Dear Clerk: 

~Frostrn 

ill6wn 1oddll£ 

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.P.R. l3.16(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. 

2012S0700099 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 $16,250. This Request for 

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

references and is based upon the Notice of Civil Penalty FAA File No. 2012S0700099 dated 

February 22, 2012 in which a civil penalty was sought from "United Parcel Service" and did not 

specify if the claims were against UPS Ground or UPS Airlines. 

Winston E. Miller 

Counsel for United Parcel Service, Inc. 

and United Parcel Service Co. 

400 We9: 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 
Federal Aviation Administration 

Page2 

February 29, 2016 

cc: Andrea Michelle Harper 

Senior Attorney 

Enforcement Division, Southern Team 

P.O. Box 20636 

Atlanta, GA 30320 

CERTIFICATE OF SERVICE 

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

delivery, this 291

h day of February 2016. 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Bldg. - Suite 2Wl 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: 

Andrea Michelle Harper 

Senior Attorney 

Enforcement Division, Southern Team 

P. 0. Box 20636 

Atlanta, GA 30320 (U.S. Mail) 

Andrea Michelle Harper 

Senior Attorney 

Enforcement Division, Southern Team 

1701 Columbia Avenue 

College Park, GA 30337 (Certified Mail) 

OOOOOXA.0624664 4818-9631-4402vl 

Counsel for United Parcel Service, Inc. 

and United Parcel Service Co. 

400 West Market Street I 32nd Floor I Louisville, Kentucky 40202-3363 1 502.589.5400 I 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. 

UNITED PARCEL SERVICE COMPANY 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

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$16,250. On March 3, 2016, the Agency Attorney received a written request for a hearing 

from the Respondent. 

II. 

1. During the week of June 20-24, 2011, representatives of the Administrator 

conducted a hazardous materials inspection at the United Parcel Service ("UPS") 

sort facility at the Louisville International Airport in Louisville, Kentucky. 

2. During observation of the UPS hazardous materials acceptance process, the 

representatives discovered five (5) improperly prepared shipments. 
3 

Shipment#! 

3. Shipment #1, a fiberboard box, assigned UPS tracking number lZ 316 496 02 

5346 9395, was offered for 2nd Day Air Service by Frontier Supply Company, 

Fairbanks, Alaska. 

4. The box was marked "Dangerous Goods in Apparatus, UN3363." 

5. A Class 9 label was affixed to the box. 

6. A Shipper's Certification or Declaration of Dangerous Goods did not accompany 

the shipment. 

Shipment #2 

7. Shipment #2, a fiberboard box, assigned UPS tracking number lZ 428 507 02 

9759 4006, was offered for 2nd Day Air Service by Haviland Consumer Products, 

Walker, Michigan. 

8. A Class 9 label was affixed to the box. 

9. A Shipper's Certification or Declaration of Dangerous Goods did not accompany 

the shipment. 

Shipment #3 

10. Shipment #3, a fiberboard box, assigned UPS tracking number lZ F66 94E 02 

4458 1816, was offered for 2nd Day Air Service by Coutee, Duncan, South 

Carolina. 

11. The box was marked "Consumer Commodity, ID8000, Packaging Instruction 

Y963." 

12. A Class 9 label was affixed to the box. 

13. A Shipper's Certification or Declaration of Dangerous Goods did not accompany 

the shipment. 

Shipment #4 

14. Shipment #4, a fiberboard box, was assigned UPS tracking number lZ OOX W40 

89 6587 3720, was offered for 3-Day Select Service by Healthcare Solutions, 

Phoenix, Arizona. 

15. The box was marked "Methyl Methacrylate Monomer, Stabilized, UN1247, 

Limited Quantity." 

16. A Class 3 label was affixed to the box. 
4 

16. A Class 3 label was affixed to the box. 

Shipment #5 

17. Shipment #5, a fiberboard box, was assigned UPS tracking number lZ 7VO Y45 

38 1001 7262, was offered for 2nd Day Air Service by Philips Medical SPS, 

Louisville, Kentucky. 

18. The box was marked "Lithium Batteries, UN3090." 

19. Class 9 and CARGO AIRCRAFT ONLY labels were affixed to the box. 

20. UPS in its capacity as a freight forwarder, offered the above shipments of 

hazardous materials for transportation aboard aircraft when the hazardous 

materials were not properly described on a shipping paper. 

III. 

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

Regulations: 

(a) Section 171.2(e) in that UPS offered a hazardous material for 

transportation in commerce when the hazardous material was not properly 

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

shipment. 

(b) Section 175.3 in that UPS offered hazardous material for transportation 

aboard an aircraft when the hazardous material was not prepared for 

shipment in accordance with this subchapter. 

22. Pursuant to 49 U.S.C. Section 5123(a), UPS is subject to a civil penalty not lower 

than $250 ($450 for training-related violations), nor greater than $55,000 

($11 0,000 if death, serious illness, severe injury, or substantial property damage 

results), for each violation of the Department of Transportation Hazardous 

Materials Regulations. 
23. Under the facts and circumstances of this case, a civil penalty of$16,250 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 $16,250. 

Respectfully submitted this q~t day of March, 2016. 

Andrea Mic.!helle Harper 

Senior 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. 

5 
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 2Wl 000 

Winston E. Miller 

Frost Brown Todd LLC 

400 West Market Street, 32nd Floor 

Louisville, KY 

Program 

GE?;dA~ Analyst 

.MAR I 9 

Dated 

original and 1 copy 

6