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 SubmittedVia FedEx No.: 7966 0083 7045 Hearing Docket Federal Aviation Administration 600 IndependenceAvenue, S.W. WilburWright Building-Suite 2W1000 Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 

# RECEIVED SEP 04 2013 

## HEARING DOCKET

Re: ANSWER; FDMSNO.FAA-2013-0713; ABO SupplyLLC This forwards the Answer ofABO SupplyLLC, in the above-referenced matter. Please forward all correspondence related to this matter to my attention at the address, email address, fax and/ortelephone number indicated above. In additionto the executed original and one copy delivered by the courier identified above, I hereby certify that atrue copy ofthis filing has also beenprovidedto the following individuals: The Honorable Richard C. Goodwin Administrative Law Judge Office ofHearings, M-20 U.S. Dept. ofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 FAX#: 202-366-7536 Mr. James Archier, Attorney FAA, Office ofRegional Counsel SouthwestRegion 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 LLCSERVED: 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 OnbehalfofABO Supply LLC ("ABO"), Defendant in this action, acting we hereby answerthe 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 matterreferred to inparagraph 1., it would involve atransaction 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 directknowledge respecting the contents of"the shipment" referred to inparagraph 1., ABO avers that it cannot answer and, thus, denies. 4. ABO avers that governing regulations specifYthe "proper shipping name" for acetonirile and further avers that the FAA has the burden for establishing same. 5. ABO avers that governing regulations specifYthe status ofacetonirile 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'SANSWER; FDMS NO,: FAA-2013-0713

7. Because ABO lacks directknowledge respectingthe condition of"the abovedescribed [box]" "atall times mentionedherein," ABO avers that it cannot answer and, thus, denies. 8. If, by "the shipment,"the 

### FAA intends the matterreferred to inparagraph 1., as it is amatter in whichABO lacks direct knowledge, ABO avers that it cannot answer and, thus, denies. 9. ABO denies that it, either directly orthrough an authorized agent, acted as shipper on anytransactionrelevant to this action. 10. ABO did not consign a shipmentrelevant to this action; accordingly, ABO avers that it cannot answer and, thus, denies. 11. ABO has no independent informationrespecting the allegation; accordingly, ABO avers that it cannot answer and, thus, denies. 12. ABO denies that it, either directly orthrough an authorized agent, made any offer for transportation by air and/or offered goods for transportation in air commerce relevantto the instant penalty action. 13. ABO denies that it, either directly orthrough an authorized agent, made any offer for transportationby air and/or offered goods for transportation in air commerce relevantto 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 orthrough an authorized agent, made any offer for transportationby air and/or offered goods for transportation in air commerce relevantto the instant penalty action. 16. ABO denies that it, either directly or through an authorized agent, made any offer for transportationby air and/or offered goods for transportation in air commerce relevant to the instantpenalty action. 17. ABO denies that it, either directly orthrough an authorized agent, made any offer for transportation by air and/or offered goods for transportation in air commerce relevantto the instant penalty action. 18. ABO denies that it, either directly orthrough an authorized agent, made any offer for transportationby air and/or offered goods for transportation in air commerce relevant to the instant penalty action.

Page 2 of4DEFENDANT'S ANSWER; FDMS NO.: FAA-2013-0713

19. ABO denies that it, either directly orthrough an authorized agent, made any offer for transportation by air and/or offered goods for transportation inair commerce relevant to the instantpenalty action. 20. ABO denies that it, either directly orthrough an authorized agent, made any offer for transportation by air and/or offered goods for transportation in air commerce relevantto the instant penalty action. 21. ABO denies that it, either directly or through an authorized agent, made any offer for transportationby air and/or offered goods for transportationin air commerce relevant to the instantpenalty 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 instantpenalty action. 23. ABO denies that it, either directly orthrough an authorized agent, made any offer for transportation by air and/or offered goods for transportation in air commerce relevantto the instant penalty action. 24. ABO denies that it, either directly or through an authorized agent, made any offer for transportationby air and/or offered goods for transportation in air commerce relevant to the instantpenalty 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 instantpenalty 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 relevantto the instant penalty action. 27. ABO denies that it, either directly orthrough an authorized agent, made any offer for transportationbyair and/or offered goods for transportation in air commerce relevant to the instant penalty action. 28. ABO denies that it, either directly orthrough an authorized agent, made any offer for transportation by air and/or offered goods for transportation in air commerce relevant to the instantpenalty 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 instantpenalty action.

Page 3 of4DEFENDANT'S ANSWER; FDMS NO.: FAA-2013-0713

30. ABO denies thatit, either directly orthrough an authorized agent, made any offer for transportation by air and/or offered goods for transportation in air commerce relevantto the instantpenalty action. 31. ABO denies that it, either directly orthrough an authorized agent, made any offer for transportationby air and/or offered goods for transportationin air commerce relevantto the instantpenalty action. 32. ABO denies that it, either directly orthrough an authorized agent, made any offer for transportationby air and/or offered goods for transportation in air commerce relevantto the instant penalty action. II. 33. Because ABO denies that it, either directly or through anauthorized agent, made any ofthe alleged offers for transportation by air or offered any goods for transportation in air commercerelevantto the instant penalty action; itdenies that it exercised any actionable role and avers that itcouldnot, therefore, have violated any ofthe regulatory provisions cited ineach and every one ofsubparagraphs a through dd, inclusive. III. Because ABO denies that it exercised any actionable role and avers that it could not, therefore, have violated any ofthe regulatoryprovisions cited in each and every one of subparagraphs a through dd, inclusive; ABO avers thatthe citedprovisions providing for civilpenalties for offering goods for airtransportation and/or in air commerce are inapplicable. WHEREFORE, onbehalfofABO, we hereby respectfully request thatthe Administrative LawJudge enter an Order denying the FAA's claimfor a civil penalty, in any amount, based onthe allegations alleged inits Complaint.

Page 4 of4 Givens & Johns! , PLLC Attorneys for ABO SupplyLLC 950 Echo Lane, Suite 360 Houston, TX 77024 713-932-1540 713-932-1542 fax