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

U.S. CERTIFIEDMAIL, RETURN-RECEIPT REQUESTED 

# 2015' ' Hearing Docket Federal Aviation Administration 800lndependenceAvenue, SVV VVashington, DC 20591

Attn: Hearing Docket Clerk, AGC-430 VVilbur VVright Building- Suite 2VVl000 RE: Intbe matter ofUnited Parcel Service, Inc., FAADocketNo. CP- ; Case No. 2012S0700099 Enforcement Division Southern Team 1701 Columbia Avenue College Park, GA 30337 

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Enclosed are the original and one copy ofthe complaint intbe above-referenced case. The Complainantrequests thatthehearing be held inAtlanta, GA and expects that the hearing inthis case will last one day. All correspondence to the Complainant inthis matter shouldbe directed to AndreaMichelleHarper, SeniorAttorney at: EnforcementDivision, Southern Team 170l ColumbiaAvenue College Park, GA 30337 email: michelle.harper@faa.gov Telephone: (404) 305-5200 (main) (404) 305-5223 (fax) Respectfully,

AndreaMichelle Harper Senior Attorney Enforcement Division, SouthernTeam 1701 CJlumbiaAvenue College Park, GA 30337 email: michelle.harper@faa.gov Telephone: (404) 305-5200 (main) (404) 305-5223 (fax) Enclosure

### February 29, 2016

Federal AviationAdministration 600 Independence Avenue S.W. Wilbur Wright Bldg.- Suite 2W1000 Washington, DC 20591 Attention: Hearing Docket ClerkAGC-430

Re: FAAFile No. 2012S0700099 Request for Hearing Dear Clerk: 

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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") throughits 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 ifthe claims were against UPS Ground or UPS Airlines.

WinstonE. Miller Counsel for UnitedParcel Service, Inc. and UnitedParcel Service Co.

400 We9: Market Street 132nd Floor 1 Louisville, Kentucky 40202-3363 1502.589.5400 1frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee, Virginia and West VirginiaFederalAviationAdministration Page2 February 29, 2016

cc: Andrea Michelle Harper Senior Attorney Enforcement Division, Southern Team P.O. Box20636 Atlanta, GA 30320 CERTIFICATE OF SERVICE I herebycertify that the foregoing Request for Hearing has been sent via UPS overnight delivery, this 291 h day ofFebruary 2016. Federal Aviation Administration 600 Independence Avenue, SW Wilbur WrightBldg.

- Suite 2Wl000 Washington, DC 20591 Attention: Hearing Docket Clerk (AGC-430) and a copyby certifiedmail- return receiptrequested and regularU.S. mail to: AndreaMichelle Harper SeniorAttorney EnforcementDivision, SouthernTeam P. 

### 0. Box 20636 Atlanta, GA 30320 (U.S. Mail) AndreaMichelle Harper SeniorAttorney Enforcement Division, SouthernTeam 1701 ColumbiaAvenue 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 I32nd Floor I Louisville, Kentucky 40202-3363 1502.589.5400 Ifrostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee, Virginia and West VirginiaU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,
vs. UNITED PARCEL SERVICE COMPANY Respondent.
JUDGE NOT YET ASSIGNED FAADocketNo. Judge

COMPLAINT The Federal AviationAdministration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I. 2

On February 10, 2016, Respondent, UnitedParcel Service Company was advised through a Final Notice ofProposed Civil Penaltythatthe FAAproposedto assess a civil penalty in the amount of$16,250. On March 3, 2016, the Agency Attorney received a writtenrequest for ahearing 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 atthe Louisville International Airport in Louisville, Kentucky. 2. During observation of the UPS hazardous materials acceptance process, the representatives discovered five (5) improperlyprepared 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 ofDangerous 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 ofDangerous 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 ofDangerous 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. Thebox 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 aresult, UPS violated the following sections ofthe 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 withthis subchapter.
22. Pursuantto 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 ($110,000 ifdeath, serious illness, severe injury, or substantial property damage results), for each violation of the Department of Transportation Hazardous Materials Regulations.23. Underthe facts and circumstances ofthis case, a civil penalty of$16,250is appropriate. WHEREFORE, the Agency, by counsel respectfully requests thatthe Administrative Law Judge enter an orderthat Respondentbe assessed a civil penalty in the amount of$16,250. Respectfully submitted this



### q~t day ofMarch, 2016.

AndreaMic.!helle Harper Senior Attorney EnforcementDivision, Southern Team PLEASE NOTE: Pursuantto Title 14 CFR Section 13.209(a), you are required to file a written answer to this Complaint, or a written Motionto Dismiss ifappropriate, not later than 30 days after the date shown onthe Certificate ofService which follows. 5CERTIFICATE OF SERVICE I hereby certifythat a copy ofthe foregoing Complaint has beenmailed this date by Certified Mail, Return Receipt Requested, to the following: Hearing Docket Federal AviationAdministration 800 Independence Avenue, SW Washington, DC 20591

Attn: HearingDocket Clerk, AGC-430 WilburWright Building- Suite 2Wl000 Winston E. Miller FrostBrownTodd LLC 400 West Market Street, 32nd Floor Louisville, KY



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