03/22/2015 14:31 8472947498 

U.S, Department 

or Transportcrtlon 

F"deral 1\Viotfon 

Admlnlslrotion 

Office of the Chief Couns~l 

FAA GLRC 

li.S. CERTIFlEO MAIL, RETURN·B,ECEIPT REQUESTED 

March 21,2016 

Heari•tg Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilhur Wright Bt•ilding- S1.1ite 2WIOOO 

RE: In the matter of Vanair Man1.1facturing, Inc., 

Case No. 20 14-GL-70-0045 

Enforel!rneni Division 

Midwest Team 

2:300 East Dll:lvon Ave 

Des Plaines. IL6001S 

PAGE 02/10 

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

Complainant requests that the hearing be held in Chicago, IL and expects that 1he hearing in this 

case will last 1 day. All correspondence to 1hc Complainant in this rnatter should be directed to 

Kate Bar her at: 

Enforcement Division, Midwest Team 

2300 Fast Devon Street 

Des Plaines, IJ.Iinois 6060 I 

~mail: kate.barber@faa.gov 

l el cphone: (84 7) 294-7313 (main) 

(847) 294-7862 (direct) 

(847) 294-7498 (fax) 

Respectfull~,~ih . 

. . ./{~V"' Kat ar er 

Federal Aviation Administration, 

Enforcement Division, Midwest Team 

2300 East Devon Ave. 

Des Plaines, IL 600!8 

!'.mail: kate.barber@faa.gov 

Telephone: (847) 294-7313 (main) 

(847) 294-7862 (direct) 

(847) 294-7498 (fax) 

Encl osme 
03/22/2015 14:31 8472947498 FAA GLRC 

cc: Iv1r. John Hoff~ Esq. 

Cremer. Spina, Shaughnessy, Jansen & Siegert, LLC 

One North Franklin Street, IO'h Floor 

Chicago, IL 60606 

PAGE 03/10 

2 
03/22/2015 14:31 

In the matter of: 

FAA GLRC 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFJCE OF HEARINGS 

WASHINGTON, D.C. 

FAA Doc.ket No. CPCase No. 2014-GL-70-0045 

VANAIRMANUFACTlJRJNG, INC. 

) 

) 

) 

___________________________ ) 

) 

JUDGE NOT ASSIGNED 

COMl'LAINT 

The Comp.lainant hereby files its Complaint, pursuant to Rule 208 of the Rules of 

Practice in FAA Civil Penalty Actions (14 C.F.R. § 13.208), and states as follows: 

I. 

Respondent Vanair Manufacturing, Inc_ (Vanair) was advised through a. Notice of 

Proposed. Civil Penalty dated November 24,2015 and by a Final Notice of Proposed Civil 

PAGE 04/10 

Pen&lly dated March 3, 2016, that the FAA proposed to assess a civil penalty in the amount of 

$141,000. By a Jetter dated March 17, 2016, Respondent requested a hearing. The Enforcement 

Division, Midwest Team received Respondent's written request for a hearing on March I 7, 2016, 

u. 

I. On or about September 24, 2013, an employee o:fVanair Manufacturing, Inc. 

(Vanair) knowingly offered a shipment containing hazardous materials to Southwest 

Airlines (SWA) on a passenger carrying flight in bis che"ked baggage, for 

transportation by air. 

2. The checked bEggage comained one cylinder of Bernzomatic non Mapp gas, a 

hazardous material that is forbidden on passenger carrying aircraft, 
03/22/2015 14:31 FAA GLRC PAGE 05/10 

3. Personnel from SWA contacted the Federal Aviation Admini.stration who conducted 

an investigation into the shipment ofthc haY.ardous mate.rials and discovered that the 

hazardous material.s shipment was not declared. described, packaged, marked or 

labeled as containing hazardous materials or in the proper condition for transport 

according to the Hazardous Material Regulations. 

4. The Material Safety Data Sheet (MSDS) for the product lists the product's name as 

Butane. 

a. The products are classified a.~ a hazardous material under the Department of 

Transportation Hazardous Materials Regulations ( 49 CFR § I 72. l 0 I). 

b. The proper shipping name of the material is fla!mnable gas. It is in Hazard 

Class 2.1 and is assigned identification ntlmber UN I 011. 

2 

5. The shipmmt of the hazardous materials was processed by an employee ofVanair that 

did not receive the required hazardous materials training. 

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

Declaration for Dangerous Goods. 

7. Vanair offered the above-described shipment of hazardous material for transportation 

by air when 1here were no shipping papers containing the proper shipping name of 

each hazardous material; the baza.rd clruss of each ha7__ardous material, preceded by 

"UN" or ''NA,'' as applicable; the total quantity by weight or volume of each 

hazardous material covered by the description; and the basic description of each 

hazardous material shown in sequence, 
03/22/2015 14:31 8472947498 FAA GLRC PAGE 05/10 

8. Vanair offered the above,describcd hazardous material tor transportation by air and 

did not provide two copies of the required shipper's certification. 

9. Vanair offe~:ed the above-described hazardous material for transportation by ail: when 

the shipm.ent was not marked or labeled in any manner that would indicate the 

hazardous nature of th~ contents contained therein. 

3 

10. Vanair offered the above-described shipment for transportation by ai.r when the box 

was .oot marked with the proper shipping name and the assigned ide~tification numbe< 

of each hazardou.s material contained therein. and with the required nwrking in 

English and printed on or affixed to the surface of the package_ 

11. Vanair did not make emergency response information, including the emergency 

response telephone number, available for use at a.ll times the IJazardous material was 

present 

\2. Vanair employee's performed hazardous material shipping functions when they had 

1101 received the required hazardous materials employee trai11ing. 

!.3. Vanair offered the above-described hazardous material for transportation by air on a 

passenger carrying aircraft when the material was forbidden from being offered or 

transported aboard a passenger carrying aircraft 

III. 

1. By reason of the foregoing, Respondent violated: 

a) 49 CFR §!71.2(e) in that Vanairoffered a hazardous material for transportation in air 

commerce that was not properly packed, classed, described., marked, labeled and was 

!lOt in condition for shipment as required by the Hazardous Material Regu.lations. 
03/22/2015 14:31 8472947498 FAA GLRC PAGE 07/10 

b) 49 CFR P<J-rt 1 72.101 (i)(l ), in that Vanair offered a hazardous material for 

transportation in air commerce on a passenger carrying aircraft when the hazardous 

material was forbidden on a passenger carrying aircraft. 

c) 49 CFR Part 172.200(a), in that Vana\r offered a hazardous material for transportation 

in air commerce and did not properly describe that material on the shipping paper. 

d) 49 CFR Part 172.204(a), in that Vanair offered a hazardous material for transporta.don 

in a.ir commerce and did not certify that the material was offered for transportation by 

p.rinting (manually or mechanically) on the shipping paper containing the required 

shipping description the certification. 

4 

e) 49 CFR Part 172.30l(a), in that Vanairoffered a hazardous material for transportation 

in air commerce in a non-bulk package and did 110t properly mark that material in 

accordance with the regulations. 

f) 49 CFR Part 172.400(a), in that Vanair offered a hazardous material tor transportation 

in air commerce and did not properly label that material in accordance with the 

regulations; 

g) 49 CFR Part l72.402(c), in that Vanair offered a hazardous material for transportation 

in ai.r commerce and it did not have a "Cargo .Aircraft Only" label on the package, 

h} 49 CFR Part 172.600(c)(2), in that Vanairoffered a hazardous materia.! fn.r 

transportation in air commerce and did not provide emergency response information )n 

accordance with tbe regulations; 
03/22/2015 14:31 8472947498 FAA GLRC PAGE 08/10 

5 

i) 49 CFR Part 172.702(a), in that Vana\r did not ensure that employees involved in the 

handling of hazardous materials were trained in accordance with subpart H of part 

l72;and 

j) 49 CFRPart 173.l(b), in that an untrained employee ofVanairoffered a shipment of 

hazardous materials for transportation in air commerce that was not prepared in 

accordance with the Hazardous Materials Regulations. 

k) 49 CFR Part 173.27(b)(l), in that Vanair offered a hazardous material for 

transportation in air commerce on a passenger carrying aircraft when the hazardous 

material was forbidden aboard a passenger carrying aircraft. 

2. Under the facts and circt~mstances of this case and in accordance with the Administrator's 

Sanction Guidance in FAA Order 2150.3B, Appendix B, a civil penalty of$141,000 is 

appropriate for the violation(s) in this case. 

WHEREFORE, the Complainant respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $141,000. 

Date: March 21,2016 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chi.ef Counsel 

forEtement 

By: Katdkf ~W'tb er . Federal Aviation Administration 

Enforcement Division, Midwest Team 

2300 East Devon Ave. 

Des Plaines, lL 600 18 

Email: kate.barber@faa.gov 

Telephone: (847) 294-7313 (main) 

(84 7) 294-7862 (direct) 

(847) 294-7498 (fax) 
03/22/2015 14:31 8472947498 FAA GLRC PAGE 09/10 

6 

NOTE: 

Pursuant to 14 C.P.R.§ !3.209(a), a written answer to a complaint must be filed no later 

than thirty (30) days after service of the complaint. 
03/22/2015 14:31 8472947498 FAA GLRC PAGE 10/10 

7 

CERTIFICATE OF SERVICE 

I hereby certify that on this date, l have sent by U.S. Certified Mail- return receipt 

requested and via Fax, a copy of the foregoing complaint in the matter Vanair Manufacturing. 

Inc., Case No. 20l4GL700045, to: 

Mr. John Hoff, Esq. 

Cremer, Spina, Shaughnessy, Jansen & Siegert, LLC 

One North Franklin Street, I 0111 Floor 

Chicago, IL 60606 

In addition, I hereby certify that on this date, I have sent by U.S. Certified Mail- return 

receipt requested and via Fa'<, the original and one copy of the foregoing document to: 

Date: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W!OOO 
03/22/2015 14:31 

To: 

Company: 

Phone: 

Fax: 

From: 

Title: 

8472947498 

Hearing Docket, AGC-400 

Departmen.t of Transportation 

Kate Barber 

FAA Attorney 

Date: March 22,2016 

Pages w/cover: 

Message: 

FAA GLRC PAGE 01/lB 

Federal Aviation 

Administration 

Enforcement Team 

Midwest Division 

2300 East Devon 

Des Plaines, ll 60018 

Telephone. 847-294-7862 

Fax No. 847-294-8293 

E-mail: kate.barber@faa.gov 

Facsimile 

Please find attached a Complaint regarding: In the Matter ofVanair Manufacturing- 201 4-GL70-0045. The Original and copy will follow via USPS. 

Sincerely, 

Kate Barber 

Federal Aviation Administration 

Enforcement Division, Midwest Team 

2300 East Devon Ave. 

Des Plaines, TL 60018