^ 

U. S. Department 

of Transportation 

Federal Aviation 

Administration 

Alaskan Region 

Office of the Regional Counsel 

222 W. 7th Avenue #14 

Anchorage, Alaska 99513 

Phone:(907)271-5273 

Fax:(907)271-2800 

Email: Cheryl.iones@faa.qov 

NOV - 2 m 

CERTIFED MAIL—RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Room 2014 

Re: In the Matter of TGI Freight In the Matter ot TGI Freight, A 

CaseNo.2010NM730038 /(J^fDNl^ODlO \ f^P^ 6^X0 -/07 9 

Dear Sir or Madam: 

Q 

CO 

JP-: 

We have received notification that TGI Freight requested a hearing in the above-referenced case. 

Enclosed are the original and one copy of the Complaint in the above-referenced proceeding as required 

by § 13.208(a) of the Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. Part 13, Subpart G. By 

copy of this letter, the Complaint is being served on Respondent as required by § 13.208(b). 

The FAA requests that the hearing in this matter be held in Anchorage, Alaska, and expects that the 

hearing will last no more than two days. 

Please address all communications for the FAA to Howard L. Martin, Jr., Regional Counsel, Federal 

Aviation Administration, Office of the Regional Counsel, AAL-7, 222 West 7th Avenue, Box 14, 

Anchorage, Alaska 99513-7587. 

HOWARD L. MARTIN, JR. 

Regional Counsel 

Cheryl M. Jones 

Senior Attorney 

Enclosures 

cc: Rebecca J. Hozubin, Esq. 

(with copy of FAR 13.16 and Subpart G of Part 13) 
•=)t if..v.j 

l ! 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVL^TION ADMINISTRATION 

In the Matter of: 

TGI Freight 

FAA Docket No. Unassigned 

Judge Not 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. 

On July 8,2010, Respondent was advised through a Notice of Proposed Civil Penalty that 

the FAA proposed to assess a civil penalty in the amount of $27,000. On October 14,2010, a 

Final Notice of Proposed Civil Penalty in the amount of $15,000 was issued. On October 20, 

2010, Respondent submitted a written request for a hearing. 

II. 

1. On or about February 19,2010, Respondent knowingly offered a six (6) piece shipment to 

Alaska Airlines (AS AA) for air transportation from Anchorage, Alaska, to Ketchikan, 

Alaska, on ASAA air waybill # 027-3371 9873. The block indicating the shipment does not 

contain hazardous materials was initialed. 
2. During the screening process, ASAA personnel discovered the presence of four boxes, 

each of which contained twelve (12) 9.3 ounce tubes of Unitex Pro-Poxy 400 adhesive. 

3. Unitex Pro-Poxy 400 Adhesive is classified as a hazardous material under § 172.101 of 

the United States Department of Transportation Hazardous Materials Regulations (HMS), 

49 C.F.R. Chapter I, Subchapter C (Parts 171-80). Its proper shipping name is "Adhesives." 

It is in Hazard Class 3, Packing Group HI, and has an assigned identification number of 

UN1133. 

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

Declaration for Dangerous Goods. 

5. Respondent offered the above-described shipment of hazardous material for transportation 

by air when the shipping papers did not contain the proper shipping name of the hazardous 

material, the hazard class of the hazardous material, the assigned identification number of the 

hazardous material preceded by "UN" or "NA" as applicable, and the assigned packing group 

number prescribed for the hazardous material. 

6. Respondent offered the above-described hazardous material for transportation without 

including in the shipping papers an emergency response telephone number as prescribed in 

Subpart G of Part 172 of the HMR. 
7. Respondent offered hazardous materials for transportation by air when it did not certify 

that each hazardous material was in accordance with the HMR by printing the certification set 

forth in § 172.204(a) or (c)(1) on the shipping papers. 

8. Respondent offered the above-described hazardous material for transportation by air and 

did not provide two (2) copies of the required shipper's certification. 

9. Respondent offered hazardous materials for transportation by air without adding to the 

certification required by § 172.204(c)(3) of the HMR the following statement: 

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

10. Respondent offered the above-described hazardous material when the external boxes 

were not marked or labeled in any manner that would indicate the hazardous nattire of the 

contents contained therein. 

11. Respondent offered the above-described shipment for transportation by air when the 

external boxes were not marked with the proper shipping name and the assigned 

identification number of the hazardous material contained therein, and without the required 

markings, in English, and printed on or affixed to the surface of the boxes. 
III. 

1. By reason of the foregoing facts and circumstances. Respondent violated the following 

Department of Transportation Hazardous Materials Regulations: 

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

transportation in commerce within the United States when each material was not 

properly classed, described, marked, and labeled for shipment as required by the HMR. 

(b) Section 172.200(a) in that Respondent offered hazardous material for 

transportation when the hazardous material was not described on the shipping paper in 

the manner prescribed in Subpart C of Part 172 of the HMR. 

(c) Section 172.201(d) in that Respondent offered hazardous material for 

transportation without including in the shipping papers an emergency response 

telephone number as prescribed in Subpart G of Part 172 of the HMR. 

(d) Section 172.202(a)(1) in that Respondent offered hazardous material for 

transportation when the required hazardous material description on the shipping papers 

did not include the proper identification number for the material as shown in Column 

(4) ofthe§ 172.101 table. 
(e) Section 172.202(a)(2) in that Respondent offered hazardous material for 

transportation when the required shipping papers did not include the proper shipping 

name prescribed for the material in Column (2) the § 172.101 table. 

(f) Section 172.202(a)(3) in that Respondent offered hazardous material for 

transportation when the required hazardous material description did not include the 

hazard class or division number prescribed for the material, as shown in Column (3) of 

the § 172.101 table. 

(g) Section 172.202(a)(4) in that Respondent offered hazardous material for 

transportation when the required hazardous material description did not include the 

assigned packing group in Roman numerals, as designated for the hazardous material in 

Column (5)of the § 172.101 table. 

(h) Section 172.204(a) or (c)(1) in that Respondent offered hazardous material for 

transportation without printing the proper certification on the shipping papers as 

required by these sections. 

(i) Section 172.204(c)(2) in that Respondent offered hazardous material to an 

aircraft operator for transportation by air and did not provide two copies of the required 

shipper's certification. 
(j) Section 172.204(c)(3) in that Respondent offered hazardous material for 

transportation by air without adding to the certification required by § 172.204(a) or 

(c)(1) the following statement: 

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

met. 

(k) Sections 172.300 and 172.301(a) in that Respondent offered hazardous 

material for transportation when the package was not marked with the proper shipping 

names and identification numbers for its contents. 

(1) Section 172.400(a) in that Respondent offered a package containing hazardous 

material for transportation when the package was not properly labeled as specified in § 

172.101. 

(m) Sections 172.600(c)(1) and (c)(2) in that Respondent offered hazardous 

material for transportation when the emergency response information, including 

emergency response telephone number, was not immediately available for use at all 

times. 
rv. 

1. Under 49 U.S.C. § 5123(a)(1) and 14 C.F.R. § 13.305(d), Respondent is liable for a civil 

penalty of at least $250 ($450 for training violations) but not more than $50,000 (or 

$100,000 for violations resulting in death, serious illness, or severe injury to any person, or 

substantial destruction of property) for each violation of the HMR. 

2. Under the facts and circumstances of this case, a civil penalty of $15,000 is appropriate. 

WHEREFORE, the Federal Aviation Administration, by counsel, respectfully requests 

that the administrative law judge enter an order that Respondent be assessed a civil penalty in the 

amount of $15,000. 

RESPECTFULLY SUBMITTED this / o day of November 2010. 

HOWARD L. MARTIN, JR. 

Regional Counsel 

By: 

Cheryl M. Jones 

Senior Attorney 
CERTIFICATE OF SERVICE 

Re: TGI Freight 

CaseNo. 2010NM730038 

FAA Docket No. To Be Assigned 

I hereby certify that on this date I served a copy of the FAA's Complaint and a copy of the 

foregoing letter by placing them in the United States Mail, postage-prepaid, certified mail, return 

receipt requested, addressed as follows: 

Rebecca J. Hozubin, Esq. 

Wilkerson Hozubin 

310 K Street, Suite 405 

Anchorage, AK 99501 

I further certify that on this date I have served the original of the foregoing letter and the original 

and one copy of the FAA's Complaint by postage-prepaid, certified mail, return receipt 

requested, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

/^iZiU'r^^^JS^'^ 

Office of the Regional Counsel 

222 West 7th Avenue #14 

Anchorage, Alaska 99513-7587 

"^ Date '