ADMINISTRATOR, 

Federal Aviation Administration 

Complainant, 

v. 

V ANAIR MANUFACTURING, INC. 

Respondent. 

Case No. 2014-GL-70-0045 

NTSB Docket No.: FAA-2016-4269 

FDMS No.: FAA-2016-4269 

Judge: J.E. Sullivan 

ANSWER AND AFFIRMATIVE DEFENSES TO THE COMPLAINT 

Respondent, VANAIR MANUFACTURING, INC., by and through his counsel, 

CREMER, SPINA, SHAUGI-INESSY, JANSEN & SIEGERT, pursuant to 49 CFR 13.209, 

respectfully states as follows: 

ANSWER 

1. On or about September 24, 2013, an employee of Vanair Manufacturing, Inc. 

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

(SW A) on a passenger carrying flight in his checked baggage, for transportation by air. 

ANSWER: Respondent denies the allegations contained in paragraph one (1) of the 

Complaint. Specifically, Respondent denies that its employee knowingly offered a 

shipment containing hazardous materials to Southwest Airlines. 

2. The checked baggage contained one cylinder ofBernzomatic non Mapp gas, a 

hazardous material that is forbidden on passenger carrying aircraft. 

ANSWER: Respondent is without sufficient knowledge or information to admit or deny 

paragraph two (2) of the Complaint. 

3. Personnel from SWA contacted the Federal Aviation Administration who 

conducted an investigation into the shipment of the hazardous materials and discovered that the 

hazardous materials 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. 

ANSWER: Respondent is without sufficient knowledge or information to admit or deny 

paragraph three (3) of the Complaint. 

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

as Butane. 
a. The products are classified as a hazardous material under the Department 

of Transportation Hazardous Materials Regulations ( 49 CFR§ 172.101 ). 

b. The proper shipping name of the material is flannnable gas. It is in 

Hazard Class 2.1 and is assigned identification number UN 1 011. 

ANSWER: Respondent admits that Butane products can be classified as hazardous 

materials under the Department of Transportation Hazardous Materials Regulations and 

that Butane products can be classified in Hazard Class 2.1 and assigned the identification 

number UN 1011. Respondent is without sufficient knowledge or information to admit or 

deny the reminder of paragraph four (4) of the Complaint. 

that 

5. 

did 

The shipment of the hazardous materials was processed by an employee of V anair 

not rece1ve the required hazardous material training. 

ANSWER: Respondent is without sufficient knowledge or information to admit or deny 

paragraph five (5) of the Complaint. 

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

Declaration for Dangerous Goods. 

ANSWER: Respondent is without sufficient knowledge or information to admit or deny 

paragraph six (6) of the Complaint. 

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

transportation by air when there were no shipping papers containing the proper shipping name of 

each hazardous material; the hazard class of each hazardous 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. 

ANSWER: Respondent is without sufficient knowledge or information to admit or deny 

paragraph seven (7) of the Complaint. 

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

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

ANSWER: Respondent is without sufficient knowledge or information to admit or deny 

paragraph eight (8) of the Complaint. 

9. V anair offered the above-described hazardous material for transportation by air 

when the shipment was not marked or labeled in any manner that would indicate the hazardous 

nature of the contents contained therein. 

ANSWER: Respondent is without sufficient knowledge or information to admit or deny 

paragraph nine (9) of the Complaint. 

2 
10. Vanair offered the above-described shipment for transportation by air when the 

box was not marked with the proper shipping name and the assigned identification number of 

each hazardous material contained therein, and with the required marking in English and printed 

on or affixed to the surface ofthe package. 

ANSWER: Respondent is without sufficient knowledge or information to admit or deny 

paragraph ten (10) ofthe Complaint. 

11. V anair did not make emergency response information, including the emergency 

response telephone number, available for use at all times the hazardous material was present. 

ANSWER: Respondent is without sufficient knowledge or information to admit or deny 

paragraph eleven (11) of the Complaint. 

had 

12. 

not 

Vanair employee's performed hazardous material shipping functions when they 

received the required hazardous materials employee training. 

ANSWER: Respondent is without sufficient knowledge or information to admit or deny 

paragraph twelve (12) of the Complaint. 

13. 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. 

ANSWER: Respondent is without sufficient knowledge or information to admit or deny 

paragraph thirteen (13) of the Complaint. 

Denied as to each and every subpart of Complainant's allegations as to regulations 

violated. 

Denied as to Complainant's Prayer for Relief. 

AFFIRMATIVE DEFENSES 

1. The facts set forth in the Complaint do not, as a matter of law, support a violation, 

in whole and/or in part, of the Department of Transportation Hazardous Materials Regulations. 

2. The Complainant fails to state a claim warranting the proposed penalty. 

3. To the extent that the Notice of Proposed Civil Penalty was issued on November 

24, 2015, as stated in the Complaint, Respondent moves to dismiss the Complaint pursuant to 14 

3 
CFR § 13.208(d), as the alleged violation occurred more than two (2) years before the Notice of 

Proposed Civil Penalty was issued. 

Respondent reserves the right to raise additional affirmative defenses based upon facts 

developed through discovery. 

WHEREFORE, Respondent, by counsel, respectfully requests the Administrative Law 

Judge to enter an Order dismissing the Complaint with prejudice and entering judgment in favor 

of Respondent. 

Dated: Aprill9, 2016 

Respectfully submitted, 

"~1-c ··~. ~-·--. 

Jared . Schneider 

4 

JohnS. Hoff 

Jared A. Schneider 

Cremer, Spina, Shaughnessy, Jwsen & 

Siegert, LLC 

One North Franklin Street, 1 Ort' Floor 

Chicago, Illinois 60606 

(312) 726-3800 Tel. 

(312) 726-3818 Fax 

jhoff@cremerspina. com 

j schneider@cremerspina.com 
CERTIFICATE OF SERVICE 

I hereby certify that on Aprill9, 2016, I have sent by U.S. Post, the original and one (1) 

copy of the forgoing document to: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilber Wright Building- Suite 2W1000 

In addition, I hereby certify that on April 19, 2016, I have sent by U.S. Post and via 

facsimile, a copy of the foregoing document to the following: 

Kate Barber, Esq. 

Enforcement Division, Midwest Team 

2300 East Devon Avenue 

Des Plaines, IL 60018 

kate.barber@faa.gov 

Fax: (847) 294-7498 

Honorable J.E. Sullivan 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, D.C. 20590 

Fax: (202) 366-7536 

#340890 

5