U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Office of the Chief Counsel 

U.S. CERTIFIED MAIL, RETURN-RECEIPT REQUESTED 

October 19,2015 

Hearing Docket 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

RE: In the matter of Fannie May 

Enforcement Division 

Midwest Team 

2300 E. Devon Avenue, Room 479 

Des Plaines, Illinois 60018 

RECEIVED 

OCT 2 3 2015 

HEARING DOCKET 

d01CS- 2:>315 

FAA Docket No. CP-Not Assigned; Case No. 2015-GL-70-0126 

Enclosed are the original and one copy of the complaint in the above-referenced case. The 

Complainant requests that the hearing be held in Chicago, Illinois and expects that the hearing in 

this case will last one day(s). All correspondence to the Complainant in this matter should be 

directed to Kate Barber, at: 

Office of the Chief Counsel 

Enforcement Division, Midwest Team 

2300 E. DevonA venue, Room479 

Des Plaines, Illinois 60018 

email: kate.barber@faa.gov 

Telephone: (847) 294-7313 (main) 

(84 7) 294-7862 (direct) 

(847) 294-7498 (fax) 

RJspectfully, 

'~w~~1'{~~\ Kate Barber 

Office of the Chief Counsel 

Enforcement Division, Midwest Team 

2300 E. Devon Avenue, Room 479 

Des Plaines, Illinois 60018 

email: kate.barber@faa.gov 

Telephone: (847) 294-7313 (main) 

(847) 294-7862 (direct) 

(847) 294-7498 (fax) 
Enclosure 

cc: Ron Orcutt 

Director of Warehousing and Distribution Operations 

Fannie May Confections Brands, Inc. 

1 793 Enterprise Parkway 

Twinsburg, Ohio 44087 

2 
PLEADING FORM 

CIVIL PENALTY COMPLAINT 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the matter of: 

Fannie May 

JUDGE NOT ASSIGNED 

) 

) 

) 

) 

FAA Docket No. CP-Not Assigned 

Case No. 2015-GL-70-0126 

COMPLAINT 

The Complainant hereby files its Complaint, pursuant to Rule 208 of the Rules of 

Practice in FAA Civil Penalty Actions (14 C.F.R. § 13.208), and states as follows: 

I. 

Respondent Fannie May was advised through a Final Notice of Proposed Civil Penalty 

dated October 5, 2015, that the FAA proposed to assess a civil penalty in the amount of $15,000. 

By a letter dated October 7, 2015, Respondent requested a hearing. The Enforcement Division, 

Midwest Team received Respondent's written request for a hearing on October 14, 2015. 

II. 

1. On or about March 18, 2015, Fannie May Confections Brands, Inc. (Fannie May), offered a 

shipment to United Parcel Services (UPS), for transportation by air under airway bill (A WB) 

1ZW536560134471379. 

2. The shipment under tracking number 1ZW536560134471379, was discovered by UPS employees 

at the UPS Middleburg, OH sorting facility. Upon further investigation it was discovered that the package 

contained hazardous materials. 

3. The shipment contained 6 pounds of dry ice. The proper shipping name of this, hazardous 

materials is UN1845, Carbon Dioxide, Solid, Class 9, Packing Group III, which is classified as a 

hazardous material under Section 172.101 of the Hazardous Materials Regulations. 
4. This hazardous materials shipment was not declared, described, marked or labeled as containing 

hazardous materials or in the proper condition for transport according to the Hazardous Material 

Regulations. 

5. The shipment of the hazardous materials was processed and prepared by an employee of Fannie 

May that did not receive the required hazardous materials training. 

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

Declaration for Dangerous Goods. 

2 

7. Fannie May 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. 

8. Fannie May 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. 

9. Fannie May 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 of the package. 

10. Fannie May employee performed hazardous material shipping functions when they had 

not received the required hazardous materials employee training. 
III. 

1. By reason of the foregoing, Respondent violated: 

a. 49 C.F.R. §171.2(e), which states, no person may offer or accept a 

hazardous material for transportation in commerce unless the hazardous material is properly 

classed, described, packaged, marked, labeled, and in condition for shipment as required or 

authorized by applicable requirements of this subchapter or an exemption or special permit, 

approval, or registration issued under this subchapter or subchapter A of this chapter. 

b) 49 CFR § 172.200(a), which states, except as otherwise provided in this 

subpart, each person who offers a hazardous material for transportation shall describe the 

hazardous material on the shipping paper in the marrner required by this subpart. 

c) 49 CFR § 172.204(a), which states, except as provided in paragraphs (b) 

and (c) of this section, each person who offers a hazardous material for transportation shall 

certify that the material is offered for transportation in accordance with this subchapter by 

printing (manually or mechanically) on the shipping paper containing the required shipping 

description the certification contained in paragraph (a)(l) of this section or the certification 

(declaration) containing the language contained in paragraph (a)(2) of this section. 

d) 49 CFR 172.30l(a)(l), which states, except as otherwise provided by this 

3 

subchapter, each person who offers a hazardous material for transportation in a non-bulk 

packaging must mark the package with the proper shipping name and identification number 

(preceded by "UN", "NA" or "ID," as appropriate) for the material as shown in the §172.101 

Hazardous Materials Table. The identification number marking preceded by "UN", "NA", or 

"ID" as appropriate must be marked in characters at least 12 mm (0.47 inches) high. Packages 

with a maximum capacity of30 liters (8 gallons) or less, 30 kg (66 pounds) maximum net mass, 

or cylinders with a water capacity of60 liters (16 gallons) or less must be marked with characters 
4 

at least 6 mm (0.24 inches) high. Packages with a maximum capacity of 5 liters (1.32 gallons) or 

5 kg (11 pounds) or less must be marked in a size appropriate for the size of the package. 

e) 49 CPR 172.702(a), which states, a hazmat employer shall ensure that 

each of its hazmat employees is trained in accordance with the requirements prescribed in this 

subpart. 

f) 49 CPR 173.1(b), which states a shipment ofhazardous materials that is 

not prepared in accordance with this subchapter may not be offered for transportation by air, 

highway, rail, or water. It is the responsibility of each hazmat employer subject to the 

requirements of this subchapter to ensure that each hazmat employee is trained in accordance 

with the requirements prescribed in this subchapter. It is the duty of each person who offers 

hazardous materials for transportation to instruct each of his officers, agents, and employees 

having any responsibility for preparing hazardous materials for shipment as to applicable 

regulations in this subchapter. 

L Pursuant to 49 U.S.C. §5123(a), Respondent is subject to a civil penalty 

not to exceed $75,000 (or $175,000 for violations resulting in death, serious illness, or severe 

injury to any person, or substantial destruction of property), for each violation of the Federal 

Aviation Regulations. After reviewing all of the information contained in our investigative file, 

we propose to assess a civil penalty in the amount of$15,000. 

2. Under the facts and circumstances of this case and in accordance with the 

Administrator's Sanction Guidance in FAA Order 2150.3B, Appendix B, a civil penalty of 

$15,000 is appropriate for the violation(s) in this case. 

WHEREFORE, the Complainant respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $15,000. 
Date: October 19,2015 

Respectfully submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

for ErrfqrcrJent 

By: \I (!JI()f:ruv~v~ .Kikfe Barber 

Office of the Chief Counsel 

Enforcement Division, Midwest Team 

2300 E. Devon Avenue, Room 479 

Des Plaines, Illinois 60018 

email: kate.barber@faa.gov 

Telephone: (847) 294-7313 (main) 

(84 7) 294-7862 (direct) 

(847) 294-7498 (fax) 

NOTE: 

Pursuant to 14 C.F.R. § 13.209(a), a written answer to a complaint must be filed no later 

than thirty (30) days after service ofthe complaint. 

5 
CERTIFICATE OF SERVICE 

I hereby certify that on this date, I have sent by U.S. Certified Mail- return receipt 

requested, a copy of the foregoing complaint in the matter of Fannie May, FAA Docket No. CPNot Assigned, Case No.2015-GL-70-0126 to: 

Ron Orcutt 

Director of Warehousing and Distribution Operations 

Fannie May Confections Brands, Inc. 

1793 Enterprise Parkway 

Twinsburg, Ohio 44087 

6 

In addition, I hereby certify that on this date, I have sent by U.S. Certified Mail- return 

receipt requested, the original and one copy of the foregoing document to: 

Date: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 
·-"" 

S mice via U.S. Certified Mail, Rtturn-&ceipt Requested, and First-Class Mail 

ocr ' ·4 

October 7, 2015 . 

Attn: Kate Barber 

Federal Aviation Administration 

Enfmcement Division, Midwest Team 

2300 East Devon Ave. 

Des Plaines, IL 60018 

Attn: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

800 Independence Ave, S.W. 

Wilbur Wright Building~ Suite 2W1 000 

Washington, D.C. 20591 

REQUEST FOR HEARlNG RE: FINAL NOTICE OF PROPOSED CIVIL PENALTY 

Re: Fannie May Confections Brands, Inc., Case No. 2015-GL-70-0126 

Pursuant to 14 C.F.R §13.16, Fannie May Confections Brands, Inc. hereby respectfully requests a 

hearing befme the Administrative ljaw Judge concerning the Federal Aviation Administration's 

proposed civil penalty in the above-captioned matter. 

Further arguments and evidence in support will be submitted once Fannie May has been notified of 

the Administrative Law Judge assigned to this matter. 

Fannie May also respectfully requests that further cottespondence in this matter by directed to Ron 

Orcutt, Director of Warehousing and Distribution Operations, Fannie May Confections Brands, 

Inc., 1793 Enterprise Parkway, Twinsburg, Ohio 44087. 

Sincerely, 

Ron Orcutt .£. tY'h.- cf;?;::;,..-;7 £··~ " ~.f?•"'" 

Director of Warehousing and Distribution Operations 

Fannie May Confections Brands, Inc. 

1793 Enterprise Parkway 

Twinsburg, Ohio 44087 

Phone: (614) 743-3592 

Email rono@fanniemaybrands.com