U.S. Department ofTransportation FederalAviation Administration SouthwestRegion Arkansas,Louisiana, NewMexico,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 OfficeofRegionalCounsel,ASW-7 2601 MeachamBlvd. FortWorth,TX76137 (817)222-5099 (817)222-594515092FAX



# RECEIVED AUG-62013 

## HEARINGDOCKET

Re: ABO SupplY LLC, FAA CaseNo. 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 76137Sincerely,

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 13:56FROM-Givens

## & Johnston 713-932-1542 T-606 P0001/0001F-192

GIVENS

### & JOHNSTON,PLLC

ROBIIKTT,GIVENS JOSErH"J"AcA"AN SHARONSTEELE**lloyu~.** /AMESGARLANDHURST CLINTONK.YU CouNSELORSAT'LAw 950EcHOLANE,$VJTE360 HOU$T0N,TBXAS77024-2788 rnternet: give{1sjohnston.corn SconL.JoHNSTON T£l(713)932-1540 FAX(713)?32-1642 WAttS(800)285-8042 Em<dl:sjoh:nstDn@givensjohn.stQn.com. 

### July30,2013 SubmittedViaFedBxNo.:79635409I134 HearingDocket FederalAviationAdministration 600

### IndependenceA venue,SW WilburWrightBuilding-Suite2WI000 Washington,DC20591 Attn: HearingDocketClerk,AGC-430 

### Re: REQUESTFORHEARING;CASENO.2012SW700236;ABOSupplyLLC OnbehalfofABOSupplyLLC,

### asitsduly-empoweredagent,

### 1/weherebyrequestahearing(to beheldinHouston,Texas)inaccordancewithSubpartGofPart13oftheFAARegulations(14 CFR13,SubpartG),intheabove-referencedProposedCivilPenaltycase(copyofFinalNotice ofProposedCivilPenaltyattached),whereintheFAAproposes

### acivilpenaltyagainstABO SupplyLLCintheamount

### of$54,000for

### alitauyofallegedviolationsallallegedlyconnectedto 

### ortheresultthesame,singletransaction. Pleaseforwardallcorrespondencerelatedtothismattertomyattentionattheaddress,email address,faxand/ortelephonenumberindicatedabove. Inadditiontothe

### executedoriginalandonecopydeliveredby

### thecourieridentifiedabove,I 

### herebycertifythatatruecopyofthisfilinghasalsobeenprovidedto

### thefollowingindividual:**---~~:;,** 

### ... Mr.JamesArchier,Attorney FAA,OfficeofRegionalCounsel SouthwestRegion 2601MeachamBlvd.,Room663 FortWorth,TX76137 FAX#: 817·222-5945 james.archier@faa.gov

ScottL,Johnston Givens&

### Johnston,PLLC AttorneysforABOSupplyLLC

### 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. NotAssigned FAA Case No.20l2SW700236 (Civil PenaltyAction) DMS No. Not Assigned

COMPLAINT The Federal AviationAdministration (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 certifyby 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



### 3package with the proper shipping name and identification number for its contents. 21. ABO Supply offeredhazardous material for transportation in air commerce innon-bulkpackaging 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.



### 428. 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
5name 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.

6k. 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 properlymark 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). 7s. 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.

8y. 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 SupplyLLC be assessed a civil penalty in the amount of $54,000.00 for the violations alleged in this complaint.
9Respectfully 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 

# /

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