GIVENS & JOHNSTON, PLLC 

ROBERT T. GIVENS 

JOSEPH "J" ACAYAN 

SHARON STEELE DOYLE 

JAMES GARLAND HURST 

CLINTON K. Yu 

COUNSELORS AT LAW SCOTT L. jOHNSTON 

TEL (713) 932-1540 

FAX (713) 932-1542 

WATTS (800) 285-8042 

Email: sjohnston@givensjohnston.com 

950 ECHO LANE, SUITE 360 

HOUSTON, TEXAS 77024-2788 

Internet: givensjohnston.com 

September 3, 2013 

Submitted Via FedEx No.: 7966 0083 7045 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building-Suite 2W1000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

RECEIVED 

SEP 0 4 2013 

HEARING DOCKET 

Re: ANSWER; FDMS NO. FAA-2013-0713; ABO Supply LLC 

This forwards the Answer of ABO Supply LLC, in the above-referenced matter. 

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 of this filing has also been provided to the following individuals: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Dept. of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

FAX#: 202-366-7536 

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 

st4 

Scott L. Jo n 

Givens & J nston, PLLC 

Attorneys for ABO Supply LLC 
SERVED: September 3, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF: 

ABO SUPPLY LLC 

FDMS NO. FAA-2013-0713 

DEFENDANT'S ANSWER 

On behalf of ABO Supply LLC ("ABO"), Defendant in this action, acting we hereby 

answer the numbered allegations in the Complaint, as follows: 

I. 

I. ABO denies that it, either directly or through an authorized agent, offered any 

relevant material to Emirates Airlines, hazardous or otherwise, for air 

transportation on or about the date specified. 

2. If, by "the shipment," the FAA intends the matter referred to in paragraph 1., it 

would involve a transaction wherein ABO was not a party and wherein ABO lacks 

direct knowledge. Accordingly, ABO avers that it cannot answer and, thus, 

denies. 

3. Because ABO lacks direct knowledge respecting the contents of "the shipment" 

referred to in paragraph 1., ABO avers that it cannot answer and, thus, denies. 

4. ABO avers that governing regulations specifY the "proper shipping name" for 

acetonirile and further avers that the FAA has the burden for establishing same. 

5. ABO avers that governing regulations specifY the status of acetonirile and further 

avers that the FAA has the burden for establishing same. 

6. Because ABO lacks direct knowledge respecting the condition of "the abovedescribed ... [box]" "at all times mentioned herein," ABO avers that it cannot 

answer and, thus, denies. 
DEFENDANT'S ANSWER; FDMS NO,: FAA-2013-0713 

7. Because ABO lacks direct knowledge respecting the condition of "the abovedescribed [box]" "at all times mentioned herein," ABO avers that it cannot answer 

and, thus, denies. 

8. If, by "the shipment," the FAA intends the matter referred to in paragraph 1., as it 

is a matter in which ABO lacks direct knowledge, ABO avers that it cannot 

answer and, thus, denies. 

9. ABO denies that it, either directly or through an authorized agent, acted as shipper 

on any transaction relevant to this action. 

10. ABO did not consign a shipment relevant to this action; accordingly, ABO avers 

that it cannot answer and, thus, denies. 

11. ABO has no independent information respecting the allegation; accordingly, ABO 

avers that it cannot answer and, thus, denies. 

12. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

13. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

14. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

15. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

16. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

17. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

18. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

Page 2 of4 
DEFENDANT'S ANSWER; FDMS NO.: FAA-2013-0713 

19. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

20. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

21. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

22. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

23. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

24. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

25. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

26. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

27. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

28. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

29. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

Page 3 of 4 
DEFENDANT'S ANSWER; FDMS NO.: FAA-2013-0713 

30. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

31. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

3 2. ABO denies that it, either directly or through an authorized agent, made any offer 

for transportation by air and/or offered goods for transportation in air commerce 

relevant to the instant penalty action. 

II. 

3 3. Because ABO denies that it, either directly or through an authorized agent, made 

any of the alleged offers for transportation by air or offered any goods for 

transportation in air commerce relevant to the instant penalty action; it denies that 

it exercised any actionable role and avers that it could not, therefore, have violated 

any of the regulatory provisions cited in each and every one of subparagraphs a 

through dd, inclusive. 

III. 

Because ABO denies that it exercised any actionable role and avers that it could not, 

therefore, have violated any of the regulatory provisions cited in each and every one of 

subparagraphs a through dd, inclusive; ABO avers that the cited provisions providing for 

civil penalties for offering goods for air transportation and/or in air commerce are 

inapplicable. 

WHEREFORE, on behalf of ABO, we hereby respectfully request that the Administrative 

Law Judge enter an Order denying the FAA's claim for a civil penalty, in any amount, 

based on the allegations alleged in its Complaint. 

Page 4 of 4 

Givens & Johns! , PLLC 

Attorneys for ABO Supply LLC 

950 Echo Lane, Suite 360 

Houston, TX 77024 

713-932-1540 

713-932-1542 fax