U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southwest Region 

Arkansas, Louisiana, 

New Mexico, Oklahoma 

Texas 

Via Federal Express 

August 5, 2013 

Hearing Docket 

Attention: Hearing Docket Clerk, AGC 430 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building, Suite 2Wl000 

Washington, DC 20591 

Office of Regional Counsel, ASW-7 

2601 Meacham Blvd. 

Fort Worth, TX 76137 

(817) 222-5099 

(817) 222-594515092 FAX 

RECEIVED 

AUG -6 2013 

HEARING DOCKET 

Re: ABO SupplY LLC, FAA Case No. 2012SW700236 

Dear Hearing Docket Clerk: 

Enclosed please find a copy of ABO Supply LLC's request 

for a hearing dated, July 30, 2013. In addition, we have 

enclosed the original and one copy of the complaint in the 

above-referenced case. 

I request that this hearing be held in be held in 

Houston, Texas. I expect the hearing to last three days. 

Please address all communications for the Regional Counsel, 

Southwest Region to the undersigned at: 

James Archier, Attorney 

Office of Regional Counsel 

Southwest Region 

2601 Meacham Blvd., Suite 679 

Fort Worth, Texas 76137 
Sincerely, 

ERIC E. ANDERSON 

Regional Counsel 

Southwest 

Enclosures: Request for Hearing, Original and Copy of 

Complaint, Certificate of Service. 

cc: Scott L. Johnston 

2 
07-31-'13 13:56 FROM-Givens & Johnston 713-932-1542 T-606 P0001/0001 F-192 

GIVENS & JOHNSTON, PLLC 

ROBIIKT T, GIVENS 

JOSErH "J" AcA"AN 

SHARON STEELE lloyu~. 

/AMES GARLAND HURST 

CLINTON K. YU 

CouNSELORS AT 'LAw 

950 EcHO LANE, $VJTE 360 

HOU$T0N, TBXAS 77024-2788 

rnternet: give{1sjohnston.corn 

Scon L. JoHNSTON 

T£l (713) 932-1540 

FAX (713) ?32-1642 

WAttS (800) 285-8042 

Em<dl: sjoh:nstDn@givensjohn.stQn.com. 

July 30, 2013 

Submitted Via FedBx No.: 7963 5409 I 134 

Hearing Docket 

Federal Aviation Administration 

600 Independence A venue, SW 

Wilbur Wright Building-Suite 2WI 000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Re: REQUEST FOR HEARING; CASE NO. 2012SW700236; ABO Supply LLC 

On behalf of ABO Supply LLC, as its duly-empowered agent, 1/we hereby request a hearing (to 

be held in Houston, Texas) in accordance with Subpart G of Part 13 of the FAA Regulations (14 

CFR 13, Subpart G), in the above-referenced Proposed Civil Penalty case (copy of Final Notice 

of Proposed Civil Penalty attached), wherein the FAA proposes a civil penalty against ABO 

Supply LLC in the amount of $54,000 for a litauy of alleged violations all allegedly connected to 

or the result the same, single transaction. 

Please forward all correspondence related to this matter to my attention at the address, email 

address, fax and/or telephone number indicated above. 

In addition to the executed original and one copy delivered by the courier identified above, I 

hereby certify that a true copy ofthis filing has also been provided to the following individual: 

---~~:;, ... Mr. James Archier, Attorney 

FAA, Office of Regional Counsel 

Southwest Region 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137 

FAX#: 817·222-5945 

james.archier@faa.gov 

Scott L, Johnston 

Givens & Johnston, PLLC 

Attorneys for ABO Supply LLC 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of: 

ABO Supply LLC 

Respondent 

JUDGE NOT ASSIGNED 

FAA DOCKET No. Not Assigned 

FAA Case No.20l2SW700236 

(Civil Penalty Action) 

DMS No. Not Assigned 

COMPLAINT 

The Federal Aviation Administration (hereinafter "FAA") files its 

complaint under Rule 208 of the Rules of Practice in FAA Civil Penalty 

Actions, 14 C.F.R. § 13.208 and states the following: 

I. 

By Notice of Proposed Civil Penalty dated January 2, 2013 

and Final Notice of Proposed Civil Penalty dated July 16, 2013 

ABO Supply LLC was advised that the Federal Aviation 

Administration proposed to assess a civil penalty in the amount 

of $54,000.00. 

1. On or about August 15, 2012, ABO Supply, LLC offered 

hazardous material to Emirates Airlines for air transportation 

in commerce from Houston, Texas to Sana'a Yemen. 

2. The shipment consisted of two glass bottles containing one 

liter each of Acetonitrile. 

3. Both bottles were contained inside of an unmarked fiberboard 

box. 

4. The proper shipping name for Acetonitrile is Acetonitrile, 

hazard class 3, Packing Group II. 

5. Acetonitrile, hazard class 3, Packing Group II is classified 

as a hazardous material under the Department of Transportation 

Hazardous Material Regulations (49 C.F.R. § 172.101). 
6. At all times mentioned herein, the above-described unmarked, 

unlabeled fiberboard box was not marked with the proper shipping 

name or UN identification number of the hazardous material. 

7. At all times mentioned herein, the above-described box was 

not labeled with the proper hazardous material labels, was not 

accompanied by a shipper's declaration of dangerous goods, 

shipper's certification or other proper shipping documents 

containing the information, including emergency response 

information, required by the hazardous material regulations, and 

was not otherwise in a condition for transportation by air as 

required by the hazardous material regulations. 

8. The shipment was sent via Emirates Cargo International air 

way bill number 17632209940. 

9. The shipper was ABO Supply, 11201 Green Crossing Blvd., 

Suite 800, Houston, Texas 77067. 

10. The consignee was Yemen LNG Company LTD, ADBHAN Building, 

Haddah Street, P.O. Box 15347, Sana'a, Republic of Yemen. 

11. The shipment was discovered at the Emirates Airline 

Warehouse, Dubai, United Emirates. 

12. ABO Supply offered hazardous material for transportation by 

air when the material was not properly classed, described, 

packaged, marked, labeled, and in a condition for shipment as 

required or authorized by applicable requirements of the 

hazardous material regulations. 

13. ABO Supply offered hazardous material for transportation in 

air commerce with a shipping paper that failed to contain an 

emergency response telephone number or failed to identify the 

person (by name or contract number) who has a contractual 

agreement with the service provider, as prescribed in subpart G 

of this this part. 

14. ABO Supply offered hazardous material for transportation by 

air when the shipping papers did not include: 

(a) the identification number prescribed for the 

material as shown in Column (4) of the § 172.101 

table; 

(b) the proper shipping name prescribed for the 

material in Column (2) of the§ 172.101 table; 

2 
(c) the hazard class or division number prescribed 

for the material, as shown in Column (3) of the 

§ 172.101 table; 

(d) the packing group in Roman numerals, as 

designated for the hazardous material in Column (5) of 

the§ 172.101 table; 

(e) the total net mass per package, must be shown unless a 

gross mass is indicated in Columns (9A) or (9B) of the 

§ 172.101 table in which chase the total gross mass 

per package must be shown; 

(f) the number and type of packages must be indicated. 

15. ABO Supply offered hazardous material for transportation in 

air commerce and failed to indicate on the shipping papers that 

the shipment was within the limitations prescribed for either 

passenger and cargo aircraft or cargo aircraft only. 

16. ABO Supply offered hazardous material for transportation by 

air and failed to certify by printed certification, in the 

manner allowed by 49 C.F.R. §§ 172.204(a) (1), (2) or 

172.204(c) (1), that the material was offered for transportation 

in accordance with the hazardous material regulations. 

17. ABO Supply offered hazardous material for transportation by 

air when it failed to provide two copies of the certification 

showing that the materials were in accordance with the 

certification set forth in§ 172.204(a) (1), (2) or§ 

172.204(c) (1) of the hazardous materials regulations. 

18. ABO Supply offered hazardous material for transportation in 

air commerce when it failed to provide an additional 

certification that read: "I declare that all the applicable air 

transport requirements have been met.u 

19. ABO Supply offered hazardous material for transportation in 

air commerce and failed to ensure that the certifications 

required by paragraphs (a) and (c) of 49 C.F.R. § 204 were 

signed by a principal, officer, partner, or employee of the 

shipper or his agent. 

20. ABO Supply offered hazardous material for transportation in 

air commerce in non-bulk packaging and failed to mark the 

3 
package with the proper shipping name and identification number 

for its contents. 

21. ABO Supply offered hazardous material for transportation in air 

commerce in non-bulk packaging and failed to mark the package with 

orientation arrows. 

22. ABO Supply offered hazardous material for transportation by 

air and failed to label the package or containment device with 

the label specified in Section 172.101 (49 C.F.R. § 172.101). 

23. ABO Supply offered hazardous material for transportation by 

air and failed to make emergency response information 

immediately available for use at all times the hazardous 

material was present. 

24. ABO Supply offered hazardous material for transportation by 

air and failed to make emergency response information, including 

an emergency response telephone number, required by this subpart 

immediately available to any person who, as a representative of 

a Federal, State, or local government agency, responds to an 

incident involving a hazardous material, or is conducting an 

investigation, which involves a hazardous material. 

25. ABO Supply offered hazardous material for shipment by air 

and failed to provide an emergency response telephone number 

(including area code) for use in the event of an emergency 

involving hazardous material that is monitored at all times that 

the material is in transportation, including storage incidental 

to transportation. 

26. ABO Supply offered hazardous material for shipment by air 

and failed to provide an emergency response telephone number of 

a person knowledgeable of the hazardous material being shipped 

and who has comprehensive emergency response and incident 

mitigation information for that material, or has immediate 

access to a person possessing such knowledge and information. 

27. ABO Supply offered hazardous material for transportation by 

air and failed to provide an emergency response telephone 

number, for use in the event of an emergency involving the 

hazardous material, and entered on a shipping paper immediately 

following the description of the hazardous material required by 

subpart C of this part, or entered once on the shipping paper in 

a clearly visible location. 

4 
28. ABO Supply offered hazardous material for transportation by 

air and failed to train the HAZMAT employees who offered the 

shipment. 

29. ABO Supply offered hazardous material for transportation by 

air in a package and failed to class and describe the hazardous 

material in accordance with Parts 172 and 173. 

30. ABO Supply offered hazardous material for transportation by 

air in a package and failed to determine that the packaging or 

container was authorized packaging, including Part 173 

requirements, ant it was manufactured, assembled, and marked in 

accordance with§ 173.7(a) and Parts 173, 178, or 179. 

31. ABO Supply offered hazardous material for transportation by 

air in a package and and failed to include the certification 

statement specified in§ 172.204(c) (3). 

32. ABO Supply offered hazardous material for transportation by 

air in non-bulk packaging and failed to use packaging that 

conformed to the general packaging requirements of Subpart B of 

Part 173, to the requirements of Part 178 at the Packing Group I 

or II performance level and to the particular requirements of 

the special provisions of Column 7 of § 172.101 Table. 

II. 

33. By reason of the above, ABO Supply violated the following 

Department of Transportation Hazardous Materials Regulations 

(Title 49 of the Code of Federal Regulations): 

a. Section 171.2(e) (49 C.F.R. § 171.2(e)), in that it offered 

hazardous material for transportation by air in commerce when 

the material was not properly classed, described, packaged, 

marked, labeled, and in a condition for shipment as required or 

authorized by applicable requirements of the hazardous material 

regulations. 

b. Section 172.200(a) (49 C.F.R. § 172.200(a)), which requires 

that each person offering a hazardous material for 

transportation to properly describe the hazardous material on 

the shipping papers. 

c. Section 172.20l(d) (49 C.F.R. § 172.20l(d)), in that it 

offered hazardous material for transportation in air commerce 

with a shipping paper that failed to contain an emergency 

response telephone number or failed to identify the person (by 

5 
name or contract number) who has a contractual agreement with 

the service provider, as prescribed in subpart G of this this 

part. 

d. Section 172.202(a) (1) (49 C.F.R. § 172.202(a) (1)) in that it 

offered hazardous material for transportation in air commerce 

when the required hazardous material description on the shipping 

papers did not include the identification number prescribed for 

the material as shown in Column 4 of the§ 172.101 Table. 

e. Section 172.202 (a) (2) (49 C.F.R. § 172.202 (a) (2)) in that it 

offered hazardous material for transportation in air commerce 

when the required hazardous material description on the shipping 

papers did not include the proper shipping name prescribed for 

the material in Column 2 of the§ 172.101 Table. 

f. Section 172.202(a) (3) (49 C.F.R. § 172.202(a) (3)) in that 

it offered hazardous material for transportation in air commerce 

when the required shipping papers did not include the hazard 

class or division number prescribed for the material, as shown 

in Column (3) in the Hazardous Materials Table, referenced in 

section 172.101. 

g. Section 172.202(a) (4) (49 C.F.R. § 172.202(a) (4)) in that 

it offered hazardous material for transportation in air commerce 

when the required shipping papers did not include the Packing 

Group, in Roman numerals, prescribed for the material in Column 

5 of the§ 172.101 Table. 

h. Section 172.202(a) (6) (49 C.F.R. § 172.202(a) (6)) in that 

it offered hazardous material for transportation in air commerce 

and failed to describe on the shipping papers the total net mass 

per package, unless a gross mass is indicated in Columns (9A) or 

(9B) of the§ 172.101 Table. 

i. Section 172.202(a) (7) (49 C.F.R. § 172.202(a) (7)) in that 

it offered hazardous material for transportation in air commerce 

and failed to describe on the shipping papers the number and 

type of packages. 

j. Section 172.203(f)) (49 C.F.R. § 172.203 (f)) in that it 

offered hazardous material for transportation in air commerce 

and failed to indicate on the shipping papers that the shipment 

was within the limitations prescribed for either passenger and 

cargo aircraft or cargo aircraft only. 

6 
k. Section 172.204(a) (49 C.F.R. § 172.204(a)) in that it 

offered hazardous material for transportation by air and failed 

to certify by printed certification, in the manner allowed by 49 

C.F.R. §§ 172.204(a) (1) or 172.204(a) (2), that the material was 

offered for transportation in accordance with the hazardous 

material regulations. 

l. Section 172.204(c) (2) (49 C.F.R. § 172.204(c) (2) in that it 

offered hazardous material for transportation by air when it 

failed to provide two copies of the certification showing that 

the materials were in accordance with the certification set 

forth in§ 172.204(a) (1) (2) or§ 172.204(c) (1) of the hazardous 

materials regulations. 

m. Section 172.204(c) (3) (49 C.F.R. § 172.204(c) (3) in that it 

offered hazardous material for transportation by air when it 

failed to provide an additional certification that read: "I 

declare that all the applicable air transport requirements have 

been met." 

n. Section 172.204(d) (49 C.F.R. § 172.204(d) in that it 

offered hazardous material for transportation by air and failed 

to ensure that the certifications required by paragraphs (a) and 

(c) of 49 C.F.R. 204 were signed by a principal, officer, 

partner, or employee of the shipper or his agent. 

o. Section 172.300 (49 C.F.R. § 172.300), which requires that 

each person offering a hazardous material for transportation to 

properly mark each package, freight container, and transport 

vehicle containing the hazardous material. 

p. Section 172.301(a) (49 C.F.R. § 172.301(a)) in that it 

offered a hazardous material for transportation in air commerce 

in non-bulk packaging and failed to mark the package with the 

proper shipping name and identification number for its contents. 

q. Section 172.312(a) (49 C.F.R. § 172.312(a)) in that it 

offered a hazardous material for transportation in air commerce 

in a non-bulk package and failed to mark the package with 

orientation arrows. 

r. Section 172.400(a) (49 C.F.R. § 172.400(a)) in that it 

offered hazardous material requiring labeling under the 

hazardous material regulations for transportation in air 

commerce and failed to label the package or containment device 

with the label specified in Section 172.101 (49 C.F.R. § 

172.101). 

7 
s. Section 172.600 (49 C.F.R. § 172.600)), which requires that 

each person offering a hazardous material for transportation to 

provide and maintain emergency response information during 

transportation and at the facility where hazardous materials are 

loaded for transportation, stored incidental to transportation 

or otherwise handled during any phase of transportation. 

t. Section 172.600(c) (1)) (49 C.F.R. § 172.600(c) (1)) in that 

it offered hazardous material for transportation by air and 

failed to make emergency response information immediately 

available for use at all times the hazardous material was 

present. 

u. Section 172.600(c) (2)) (49 C.F.R. § 172.600(c) (2)) in that 

it offered hazardous material for transportation by air and 

failed to make emergency response information, including 

emergency response telephone number, required by this subpart 

immediately available to any person who, as a representative of 

a Federal, State, or local government agency, responds to an 

incident involving a hazardous material, or is conducting an 

investigation which involves a hazardous material. 

v. Section 172.604(a) (1)) (49 C.F.R. § 172.604(a) (1)) in that 

it offered hazardous material for shipment by air and failed to 

provide an emergency response telephone number (including area 

code) for use in the event of an emergency involving hazardous 

material that is monitored at all times that the material is in 

transportation, including storage incidental to transportation. 

w. Section 172.604 (a) (2)) (49 C.F.R. § 172.604 (a) (2)) in that 

it offered hazardous material for transportation by air and 

failed to provide an emergency response telephone number of a 

person knowledgeable of the hazardous material being shipped and 

who has comprehensive emergency response and incident mitigation 

information for that material, or has immediate access to a 

person possessing such knowledge and information. 

x. Section 172.604(a) (3)) (49 C.F.R. § 172.604(a) (3)) in that 

it offered hazardous material for transportation by air and 

failed to provide an emergency response telephone number, for 

use in the event of an emergency involving the hazardous 

material, and entered on a shipping paper immediately following 

the description of the hazardous material required by subpart C 

of this part, or entered once on the shipping paper in a clearly 

visible location. 

8 
y. Section 172.702(a)) (49 C.F.R. § 172.702(a)) in that it 

offered hazardous material for transportation by air and failed 

to train the HAZMAT employee who offered the shipment. 

z. Section 173.l(b) (49 C.F.R. § 173.l(b), which prohibits the 

shipment of hazardous material by air that was not packed in 

packaging specified in Part 173. 

aa. Section 173.22(a) (1)) (49 C.F.R. § 173.22(a) (1)) in that it 

offered hazardous material for transportation by air in a 

package and failed to class and describe the hazardous material 

in accordance with Parts 172 and 173. 

bb. Section 173.22(a) (2) (i)) (49 C.F.R. § 173.22(a) (2) (i)) in 

that it offered hazardous material for transportation by air in 

a package and failed to determine that the packaging or 

container was authorized packaging, including Part 173 

requirements, ant it was manufactured, assembled, and marked in 

accordance with§ 173.7(a) and Parts 173, 178, or 179. 

cc. Section 173.27(i)) (49 C.F.R. § 173.27(i))) in that it 

offered hazardous material for transportation by air and failed 

to include the certification statement specified in § 

172.204 (c) (3). 

dd. Section 173.202(a)) (49 C.F.R. § 173.202(a))) in that it 

offered hazardous material in non-bulk packaging and failed to 

use packaging that conformed to the general packaging 

requirements of Subpart 8 of Part 173, to the requirements of 

Part 178 at the Packing Group I or II performance level and to 

the particular requirements of the special provisions of Column 

7 of§ 172.101 Table. 

III. 

Pursuant to Section 107.329 of the Hazardous Materials 

Transportation Law, as amended, [49 CFR § 107.329 and 49 U.S.C. § 

5123(a) (1)], ABO Supply LLC is liable for a civil penalty not to 

exceed $55,000.00 for each of the violations alleged. 

Under the facts and circumstances of this case, a civil penalty 

of $54,000.00 is appropriate. 

WHEREFORE, the Regional Counsel for the Federal Aviation 

Administration, Southwest Region, respectfully requests that the 

Administrative Law Judge enter an Order that ABO Supply LLC be 

assessed a civil penalty in the amount of $54,000.00 for the 

violations alleged in this complaint. 

9 
Respectfully submitted this 5th day of August 2013. 

ERIC E. ANDERSON 

Regional Counsel 

Southwest Region 

By: 

Jame~s Archier, Agency Attorney 

(817) 222-5074 

10 
!?lease Note 

Pursuant to Title 14 CFR § 13.209(a), you are required to file a 

written answer to this Complaint, or a written motion to Dismiss if 

appropriate, not later than thirty (30) days after the date shown on 

the Certificate of Service which is attached to this document. 

CERTIFICATE OF SERVICE 

Re: ABO Supply LLC, FAA Case No. 2012SW700236 

I hereby certify that on August 5, 2013, I have sent via Federal 

Express an executed original and one copy of the Complaint, addressed 

as follows: 

Hearing Docket 

Attention Hearing Docket Clerk 

Federal Aviation Administration 

600 Independence Avenue, SW 

Washington DC 20591 

Wilbur Wright Building-Suite 2Wl000 

Washington, DC 20591 

I further certify that on this date, I have sent via Federal 

Express a true copy of the complaint, addressed as follows: 

ERIC E. ANDERSON 

Regional Counsel 

Southwest Region 

Mr. Scott L. Johnston 

Attorney at Law 

Givens & Johnston, PLLC 

Counselors at Law 

950 Echo Lane, Suite 360 

Houston, Texas 77024-2788 

/ ) / / l 

"-By:~d/ ?tic-~ Jyrtles Archier, Agency Attorney 

. .~817) 222-5074 

Dated: August 5, 2013 

/ 

11