25883 NParkAvenue, Elkhart, Indiana 46514

Hearing Docket Clerk, AGC-43 Federal Aviation Administration Wilber Wright Building- Suite 2Wl000 800 Independence Avenue, SW. Washington, DC, 20591 Re: Request for a Heming File No. 2014GL700263 Dear Sir/Madam: February 9, 2015



## FEB 2G

# zms HEARING DOCKET

In accordance with Section 13.16 ofthe Federal Aviation Regulations, Viabox hereby requests a hearing in the above referenced matter. The Federal Aviation Administration issued its Final Notice ofProposed Civil Penalty on January 26,2015. We request that the hearing be conducting in Washington DC and believe that hearing will require one day. Should you require additional infom1ation, please do not hesitate to contact me. Thankyou for your consideration and courtesies. Sincerely yours,

Armelina Elhassani, Principal Viabox

cc: Kate Barber, Esq Office ofthe Regional Counsel (AGL-7) Federal Aviation Administration 2300 East DevonAvenue Des Plaines, Illinois 60018U.S. Department of Transportation Federal Aviation Administration February 24,2015 OVERNIGHT MAIL Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000 ATTN: HEARlNG DOCKET CLERK Great Lakes Region 2300 E. Devon Avenue Des Plaines, IL 60018 847/294-7313



## FEB 26 2015 H lNG DOCKET

Re: In the Matter ofWorld Logistics Solutions, LLC. DocketNo. 2014-GL-70-0263 Enclosed herein please find a copy of a request for hearing and the original and one copy ofthe Federal Aviation Administration's Complaint in the above-entitled action for filing, together with proofofservice uponthe Respondent. The FAA requests that the hearing in this matter be held in the Chicago area and expects that the hearing will last one day. Please address all communications for the Federal Aviation Administration to the attention ofKate Barber, Office ofthe Regional Counsel, 2300 EastDevonAvenue, Des Plaines, lllinois 60018. Sincerely,



# ~~0~ Kate Barber Enclosures
cc: AHC-510U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Inthe Matter ofWorld Logistics Solutions, LLC. 2014-GL-70-0263 JudgeNot Assigned

COMPLAINT 

## FEB 26 2015 

## H

The Federal Aviation Administration (FAA or Complainant), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I 1. On or about July 19,2014, World Logistics Solutions, LLC, d/b/aViabox (Viabox) knowingly offered a shipment containing hazardous materials to Federal Express (Fed Ex), under Fed Ex tracking number 609695546186 for transportation by air from 2. The shipment under Fed Ex tracking number 609695546186 was offered by Viabox, 25883 North ParkAve., Elkhart, IN 46514 for transportation to Ridha Outertani, 2090 Rue Moreau, Local103, Montreal, PQ H1W2M3, Canada. 3. The shipment under Fed Ex tracking number 609695546186 traveledto a FedEx sort facility at South Bend, INwere it was discovered to containtwo aerosol containers that
are hazardous materials. 4. The shipment under Fed Ex tracking number 609695546186 was one box which contained 2 aerosol cans. One, twelve ounce aerosol container ofScratch Wizard Clear Coat and one, ten and a halfounce aerosol container ofScratch Wizard, Mercedes, 747 Blend.5. Personnel from FedEx contacted the Federal Aviation Administration who conducted an investigation into the shipment ofthe 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. 6. The Material Safety Data Sheet (MSDS) for the aerosols lists the products as regulated as Aerosol Flammable.
a. The product is classified as a hazardous material under the Department of Transportation Hazardous Materials Regulations ( 49 CPR § 172.10I). b. The proper shipping name ofthe material is aerosol, flammable liquids, n.o.s. Itis inHazard Class 2.1, aerosol, and is assigned identification number UN 1950. 7. The shipment ofthe hazardous materials was processedby an employee ofViabox that did not receive the required hazardous materials training. 8. At all times mentioned herein, the shipment was not accompanied by a Shipper's Declaration for Dangerous Goods. 9. Viabox offered the above-described shipment ofhazardous material for transportationby air when there were no shipping papers containing the proper shipping name ofeach hazardous material; the hazard class ofeach hazardous material, precededby "UN" or "NA," as applicable; the total quantity by weight or volume ofeach hazardous material covered bythe description; and the basic description ofeach hazardous material shown in sequence. 10. Viabox offered the above-described hazardous material for transportation by air when the shipment was notmarked or labeled in any manner that would indicate the hazardous nature of the contents contained therein.
211. Viabox offered the above-described shipment for transportationby air whentheboxwas not marked withthe proper shipping name and the assigned identification number ofeach hazardous material contained therein, and with the required marking inEnglish and printed on or affixedto the surface ofthepackage. 12. Viabox did not make emergency response information, including the emergency response telephone number, available for use at all times the hazardous material was present. 13. Viabox employee's performed hazardous material shipping functions when they hadnot received the required hazardous materials employee training.


### IV Byreason ofthe foregoing facts and circumstances, the Respondent violated the following Federal Aviation Regulations: a) 49 CFR §171.2(e) inthat Viabox offered a hazardous material for transportation in air
commerce that was notproperly packed, classed, described, marked, labeled and was notincondition for shipment as required by the Hazardous Material Regulations. b) 49 CFR § 172.200(a), in that Viabox offered a hazardous material for transportation and did not properly describe that material onthe shippingpaper. c) 49 CFR § 172.204(a), in that Viabox offered a hazardous material for transportation and did not certify that the material is offered for transportation in accordance with this subchapter by printing onthe shipping paper containingthe required shipping descriptionthe certification or declaration; d) 49 CFR § 172.30l(a), inthat Viabox offered a hazardous material for transportation in
a non-bulkpackage and did not properly markthat material in accordance withthe
3regulations. e) 49 CFR 

### § 172.400(a), inthat Viabox offered a hazardous material for transportation and did not properly label that material in accordance with the regulations; f) 49 CFR 

### § 172.600( c)(2), inthatViabox offered a hazardous material for transportation and did not provide emergency response information in accordance withthe regulations; g) 49 CFR § 172.702(a), inthat Viabox did not ensure that employees involved inthe handling ofhazardous materials were trained in accordance with subpart H ofpart 172; h) 49 CFR 

### § 173.l(b), in that Viabox did notprepare shipment ofthe hazardous materials in accordance to this subchapter to be offered for transportationby air, highway, rail,
or water. Viabox didnotensure each hazmat employee or employee having any responsibility for preparing hazardous materials for shipment conform to the applicable regulations or be trained 

### in accordance with the requirements prescribed in this subchapter; and
Pursuantto 49 U.S.C. §5123, Respondent is subjectto a civil penalty ofat least $250 butnot
more than $75,000 for each ofthe violations alleged. Under the facts and circumstances offuis case, a civilpenalty of$70,020 is appropriate. WHEREFORE, the FAA, by counsel, respectfully requests that fue Administrative Law Judge enter an order assessing World Logistics Solutions, LLC a civil penalty in the amount of $70,020.

4Respectfully submitted,

Kate Barber Attorney Federal Aviation Administration 2300 East Devon Avenue, AGL-7 Des Plaines, Illinois 60018 847/294-7862 Fax: 847/-294-7498



### NOTE: The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of the FederalAviationRegulations (14 C.F.R. Part 13). The Rules of Practice provide that Respondent must file a written answer to this Complaint, or a writtenMotion to Dismiss ifappropriate,notlaterthan30 days afterthe date shown on the Certificate of Service. A general denial is deemed a failure to file an answer (Section 13.209( e)).

5CERTIFICATE OF SERVICE I hereby certifY thatthe foregoing Complaint has been sent via OvernightMail as follows: OvernightMail

Overnight Mail (Original & One Copy) Armelina Elhassani, Principal Viabox 25883 N. ParkAvenue Elkhart, Indiana 46514 Federal Aviation Administration 800 Independence Avenue, S.W. Wilbur WrightBuilding, Suite 2Wl000 Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430



# ~~~)~ Yol a Quiles Leg echnician Federal AviationAdministration Office ofRegional Counsel 2300 EastDevonAvenue, AGL-7 Des Plaines, lllinois 60018

6