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u.s. DEPARTMENT OF TRANSPORTATION i Ji!(;SPQRTJ\ '-" '·. .... -, , - · ·: --~ K ~ .. r- ~~ "lJ" ( i'J -. : . .. ~ ..• f :;--... v ,,. ...... u 

FEDERAL AVATATION ADMINISTRATION j-~~-~('EfOPERf TIQf\1~ . , . ··~·~- II_ 

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In the Matter of ~-:F,,:;:.:·~\·de DOCKEWestover Corporation, .. , ' . '" .. 1 . )1 ' • f ,.JI .. ...... 

Respondent 

Attorney for Respondent 

Howard Bittman, FAA Case Number: 2010WP700145 

P.O. Dox 4370 

Boulder, Co. 80306 

Phone: 303-444-8349 Fax: 303-444-1089 

e-mail: howardbittmanlawoffice@comcast.net 

ANSWER TO COMPLAINT 

Respondent Westover Corporation submits the following Answer to the Complaint filed by 

the Federal Aviation Administration as follows: 

1. Westover, a small business, admits that on or about August 17, 20 I 0, an employee of 

Respondent shipped two Eagle Pilcher Carefree Rechargeable 12 volt Lead Acid 

Batteries in a fiberboard box via UPS from its main facility in Denver, Colorado to a 

facility in California. The shi~ment was prepared by Respondent employee Jenell 

Cordova who properly placed the two batteries in the package, separated by a piece of 

rigid foam with sufficient sheets ofnon-couducti:vc foam on top ofthc batteries in order 

to prevent them from moving, to protect the batteries' terminals and to prevent the 

possibility of a short circuit There was no air waybill but a UPS shipping label was 

affixed to the outside of the package. In so doing, Westover was relying on l.the then 

applicable provisions of Packing Instruction 806 of International Civil Aviation 

Organization ("lCAO'') Technical Instructions forthe Safe Transport of Dangerous 

Goods by Air: "Batteries must be protected against short circuits and must be securely 

packed in strong outer packagings" and 2. The items' Material Data Safety Sheet 

("'MSDS") which stated: "Cardree batteries having met the related conditions arc 

EXEMPT from hazardous goods regulation for the purpose of transportation by DOT, 

and IATAIICAO, IMDG and therefore are unrestricted for all modes of transportation." 

2. Westover 1s not a hazma/ employi!r or hazmal shippt!r as the referenced shipment was 

unique. Westover normally has batteries shipped as needed directly from a vendor. 

3. Westover is without ~umcient information 10 admit or deny the allegations set forth in 

paragraphs 7 and 8 of the Complaint and thus denies same. Westover affirmatively 

asserts that there was no short circuir, but possibly a leak of battery acid which interacted 
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with packaging material and which was fully contained within the packaging, i.e. there 

was no release of hazardous materials 

4. Westover denies that it violated the statutory provisions cited in section II of the 

Complaint and further denies that it is liable tor civil penalties in the amounts claimed in 

section ITT ofthe Complaint. Westover denies that a civil penalty of$91,000 is 

appropriate, to wit: 

Westover has no history of violations; 

Had the tenn "non-spillable" been printed on the packaging, the package would have 

been in full compliance; 

Westover relied on a MSDS indicating that the shipment was unregulated; 

Westover is a small business concern; 

Westover does not nonnally ship hazardous material of any kind- this wa<; a one· tim~ event. 

5. Westover denies any allegation set forth in the complaint not specifically admitted herein. 

WHEREFORE, Respondent Westover Corporation prays that the Complaint be dismissed and that 

this matter b.e fairly resolved in the interests of justice. Westover further prays that any hearing on 

this ma!,ter be set in Denver, Colorado 

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Ret~lly- su~~~·- . . . 

Howard Bittman 

CERTIFICATE OF SERVICE 

I hereby ct:rtify that I have placed a true and correct copy of the foregoing dirccicd Lo: 

Federal Aviation AdministTation 

800 Tndependcnce Ave. SW 

Washington, D.C. 20591 

Attn: Hearing Docketing Clerk AGC- 430 

Wilbur Wright Bldg- Room 2WIOOO 

And 

Courtney Adolph 

FAA 

P.O. Box 92007 

I ,os Angeles, Ca. 90009-2007 
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this day of April, 2012 

FAA 

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