UNITED STATES DEPARTMENT OF TRANSPORTATlON-'rARlfviENT OF 

OFFICE OF HEARINGS •iAMSPORTATIOiJ 

WASHINGTON, D.C. .x^KuOf'CRATiONS 

m\ SFP 30 P h kB 

nsl THE MATTER OF 

TGI FREIGHT 

FAA DOCKET NO. CP10NM0012 

{Civil Penalty Proceeding) 

DMSNO. FAA-2010-1079 

COMPLAINANT'S OPPOSITION TO TGI FREIGHT'S MOTION IN LIMINE RE: 

SUBSEQUENT INVESTIGATIONS 

The Federal Aviation Administration (hereinafter "'FAA"'), by and through its Regional 

Counsel, opposes TG( Freight's motion to limit the evidence the FAA may. present in the hearing 

to evidence in the FAA's possession at the time of or prior to issuing the proposed civil fine to 

TGI Freight. 

In its motion, TGI asserts that because the '"FAA apparently had all of the facts, 

knowledge, and information at its disposal necessary to impose a fine of this magnitude by 

July 8, 2010"' that the FAA should be precluded from presenting any evidence at the hearing 

other than what it had in its possession on or before July 8. 2010. Such a request mns counter to 

the entire hearing process. Sec, e.g.. 14 C. F. R. Section 13. 220. (rules covering discovery). 
It is true that the FAA issued TGI a Letter of Investigation' on or about February 19, 

2010, indicating that it was conducting an investigation into this matter and was giving the 

company an opportunity to furnish explanatory information reflecting any e.xtenuating or 

mitigating circumstances regarding the alleged violations. The FAA followed up its initial 

investigation by issuing a Notice of Proposed Civil Penalty"^ for $27,000. The FAA's 

investigation continued with TGPs request for an informal conference"*. During the informal 

conference, additional information was received from TGI as well as an attempt made to resolve 

the matter informally. Unfortunately, the attempt was not successful. As a result, the FAA 

issued a Final Notice of Civil Penalty from which TGI requested a hearing 

According to the procedural orders issued in this case, the parties have been given 

instructions on the availability of discovery, including but not limited to, depositions, document 

production, responses to production requests and/or interrogatories. See Orders dated 

November 30, 2010, December 13, 2010, and June 30, 2011. In addition, those orders also speak 

to the time frame in which discovery, the search for information that is reasonably calculated to 

lead to the discovery of admissible evidence, must be concluded. Id. For example, in the 

Administrative Law Judge's last Procedural Order, discovery did not close until September 1, 

2011. Amended Procedural Order {iunt 30, 2011). Thus, according to the procedural orders 

from the Administrative Law Judge, the FAA had a right to request and receive information 

directly from TGI up until September I, 2011—less than two weeks ago. 

' Exhibit A. 

^ E.\hibitB. 

•* Exhibit C. 

' Exhibit D. 

In the Matter of TGI Freight 

Docket No. CP10NM00I2 

Page 2 of4 
According to the parties themselves, we have agreed that witness lists and exhibit lists of 

what each party is going to rely on at the hearing are not due to be presented to the other side 

until September 16, 2011. Thus, both sides actually have until then to uncover whatever 

additional information they feel is relevant and admissible in support of their position. 

Opposing counsel really has given your Honor no real reason to limit the FAA to only the 

evidence that it had at its disposal on July 8. 2010. Nor has opposing counsel even hinted at how 

her client might be prejudiced by allowing relevant information that has come to light through 

the discovery process into evidence. Thus, given the fact that that TGI has shown no prejudice • 

in allowing relevant information uncovered through the discovery process into evidence and the 

fact that the law and the regulations governing cases involving transportation of or shipment by 

air of hazardous materials as well as the pretrial orders of this Administrative Law Judge and the 

agreements of the parties themselves fully support the discovery process, the FAA respectfully 

requests that TGI's Motion In Limine Re: Subsequent Investigations be denied. 

Respectfully requested this 12'^ day of September 2011. 

HOWARD L. MARTIN, JR 

Regional Counsel 

By; 0\^^>0-^i ^ iC S P>0LO 

Cheryl M. Jones 

Senior Attornev 

In the Matter of TGI Freight 

Docket No. CPIONM0012 

Page J of 4 
CERTIFICATE OF SERVICE 

Re: TGI Freight 

FAA Docket No. CP10NM0012 

DMSNo. FAA-2010-1079 

1 hereby certify that on this date I have ser\'ed a copy of the COMPLAINANT'S 

OPPOSITION TO TGI FREIGHT'S MOTION/A^A/AZ/A'f^ RE: SUBSEQUENT 

INVESTIGATIONS by U.S. Mail and facsimile to the following: 

Original and I Copy 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk. AGC-430 

Wilbur Wright Building-Suite 2W1000 

One Copy 

Rebecca J. Hozubin, Esq. 

WILKERSON HOZUBIN 

310KStreet, Ste. 405 

Anchorage, AK 99501 

FAX: (907)276-5291 

The Honorable Richard C. Goodwing 

Office of Hearings, M-20 

U.S. Department of Transponation 

East Buiding Ground Floor, Room El2-320 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

Fax: 202-366-7536 

DATED: J^- /=?^'^// 

•d^A. 

Federal Aviation Administration 

Office of Regional Counsel 

222 West 7th Avenue. Box 14. AAL-7 

Anchorage, Alaska 99513-7587 

In ihe Mailer of TGI Freight 

Docket No. CP10NM0012 

Page 4 of4 
Q 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

ANCHORAGE AVIATION 

SECURITY and HAZARDOUS 

MATERIALS 

222 West 7^^ Avenue ffi4 

Anchorage, Alaska 99513-7587 

Tel: 9071 271-5003 

Fax: 1907) 271--1933 

CERTIFIED MAIL—RETURN RECEIPT REQUESTED 

Parsons Corporation 

.Attn: Charles Harrington CEO 

100 West Walnut Street 

Pasadena, CA 91124 

Letter of Investigation 

File Number: 2010NM730038 

Dear Mr. Harrington; February 19,2010 

On February 19, 2010, the Federal Aviation Administration (FAA) Office of Security and Hazardous 

Materials (ASH) branch office in Anchorage, Alaska was notified of hazardous material discovered by 

the Alaska Airlines (ASAA) station in Anchorage (ANC). AK. 

Specifically, ASAA reported that on February 19, 2010, your company's Anchorage office 

offered a six piece shipment on Air Waybill U 3371 9873 to ASAA for air transponation as cargo 

from ANC to Ketchikan, AK. During the screening of this freight, undeclared hazardous 

materials, four boxes, each containing twelve 9.3 ounce tubes of Unitex Pro-Poxy 400 Adhesive 

(Adhesive, Class 3, UNI 133, PG III), were discovered. 

The Federal Aviation Administration is conducting an investigation into this matter and preliminary 

evidence indicates that you may have violated the Federal Hazardous Materials Regulations, 49 Code of 

Federal Regulations. 

We wish to offer you the opportunity to furnish explanatory information refiecting extenuating or 

mitigating circumstances regarding these alleged violations. Your v/ritten reply will be needed within ten 

(10) working days of receipt of this letter to resolve this matter promptly. Please include in your 

response, the hazardous material training records for everyone involved with this shipment. If no 

response is received, this case will be processed without the benefit ofyour reply. 

Sincerely, 

.•::',;.••./ 7 ,./ • ' 

Jeffrey L. Deilz^'' 

Hazardous-Materials Specialist 

Hazardous Materials Branch 

Anchorage Office 

lOP 2 

P.^HP 1 c.f _. 

£t a;^ ^ 
& 

tJ. S. Depjinmont 

()t"l ran^piirliitiini 

Federul Aviation 

Administration 

.Mii^kiin Region 2 2 : W 7ih .Avoniio 8 M 

Ani:hor:igc. Ahiskn ')y5IJ-75H7 

I'H. (907)271-5273 

I'AX: (W7) 271-2800 

lliiwil: (.licr\l to[K-sf7;l':i:i.miv 

Case No. 2010NM730038 

CERHFiED MAIL - RETURN RECEIPT REQUESTED 

President 

TGI FREIGHT 

4000 W. 50'^ Avenue. Suite 3 

Anchorage, AK 99502 

RECEIVED 

SEP 19 2011 

HEARING DOCKET 

NOTICE O F PROPOSED CIVIL PENALTY 

It appears on the basis of our report of investigation that: 

1. On or about February 19, 2010, TGI Freight (TGI) offered undeclared hazardous material, as 

part of a six (6) piece shipment, to Alaska Airlines (ASAA) for air transportation from 

Anchorage, Alaska, to Ketchikan. Alaska, on ASAA air waybill # 027-3371 9873. The block 

indicating the shipment does not contain hazardous materials was initialed. 

2. During the screening process. ASAA personnel discovered the presence of four boses, each 

of which contained twelve (12) 9.3 ounce tubes of Unite.x Pro-Poxy 400 Adhesive. 

3. Unite.\ Pro-Poxy 400 Adhesive is classified as a hazardous material under § 172.101 of the 

United States Department of Transportation Hazardous Materials Regulations (HMR). 49 

C.F.R. Chapter I, Subchapter C (Paas 171-80). Its proper shipping name is "Adhesives." It 

is in Hazard Class 3. Packing group III, and has an assigned identification number of 

UNn33. 

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

for Dangerous Goods. 

rxAii)/-/- ^ 
5. TGI offered the above-described shipment of hazardous material for transportation by air 

when the shipping papers did not contain the proper shipping name of the hazardous 

material, the hazard class of the hazardous material, the assigned identification number of the 

hazardous material preceded by ''UN" or "NA" as applicable, and the assigned packing group 

number prescribed for the hazardous material. 

6. TGI offered the above-described hazardous material for transportation without including in 

the shipping papers an emergency response telephone number as prescribed in Subpart G of 

Part 172 of the HMR. 

7. TGI offered hazardous materials for transportation by air when it did not certify that each 

hazardous material was in accordance with the HMR by printing the certification set forth in 

§ 172.204(a) or (c)( 1) on the shipping papers. 

8. TGI offered the above-described hazardous material for transportation by air and did not 

provide two (2) copies of the required shipper's certification. 

9. TGI offered hazardous materials for transportation by air without adding to the certification 

required by § 172.204(c)(3) of the HMR the following statement: 

I declare that all of the applicable air transport requirements have been met. 

10. TGI offered the above-described hazardous material when the external boxes were not 

marked or labeled in any manner that would indicate the hazardous nature of the contents 

contained therein. 

11. TGI offered the above-described shipment for transportation by air when the external boxes 

were not marked with the proper shipping name and the assigned identification number of the 

hazardous material contained therein, and without the required markings, in English, and 

printed on or affixed to the surface of the boxes. 

Based on the foregoing facts and circumstances, TGI violated the following Department of 

Transportation Hazardous Materials Regulations (HMR): 

(a) Section 171.2(e) in that TGI offered hazardous material for transportation in commerce 

within the United States when each material was not properly classed, described, marked, 

and labeled for shipment as required by the HMR. 

(b) Section 172.200(a) in that TGI offered hazardous material for transportation when the 

hazardous material was not described on the shipping paper in the manner prescribed in 

Subpart C of Part 172 of the HMR. 
(c) Section 172.201(d) in that TGI offered hazardous material for transportation without 

including in the shipping papers an emergency response telephone number as prescribed 

in Subpart G of Part 172 of the HMR. 

(d) Section 172.202(a)( 1) in that TGI offered hazardous material for transportation when the 

required hazardous material description on the shipping papers did not include the proper 

ideniillcation number for the material as shown in Column (4) of the § 172.101 table. 

(e) Section 172.202(a)(2) in that TGI offered hazardous material for transponation when the 

required shipping papers did not include the proper shipping name prescribed for the 

material in Column (2) of the § 172.101 table. 

(0 Section 172.202(a)(3) in that TGI offered hazardous material for transportation when the 

required hazardous material description did not include the hazard class or division 

number prescribed for the material, as shown in Column (3) of the § 172.101 table. 

(g) Section 172.202(a)(4) in that TGI offered hazardous material for transportation when the 

required hazardous material description did not include the assigned packing group in 

Roman numerals, as designated for the hazardous material in Column (5) of the 

§ 172.101 table. 

(h) Section 172.204(a) or (c)( I) in that TG! offered hazardous material for transportation 

without printing the proper certification on the shipping papers as required by these 

sections. 

(i) Section 172.204(c)(2) in that TGI offered hazardous material to an aircraft operator for 

transportation by air and did not provide two copies of the required shipper's certification. 

(j) Section 172.204(c)(3) in that TGI offered hazardous material for transportation by air 

without adding to the certification required by § 172.204(a) or (c)(1) the following 

statement: 

I declare that all of the applicable air transport requirements have been met. 

(k) Sections 172.300 and 172.301(a) in that TGI offered hazardous material for 

transportation when the package was not marked with the proper shipping names and 

identification numbers for its contents. 

(1) Section 172.400(a) in that TGI offered a package containing hazardous material for 

transportation when the package was not properly labeled as specified in § 172.101. 

(m)Sections 172.600tc)(l) and (c)(2) in that TGI offered hazardous material for 

transportation when the emergency response information, including emergency response 

telephone number, was not immediately available for use at all times. 
in accordance with Section 5123(a) of Chapter 51, Title 49 of the United States Code of 

Transportation. 149 U.S.C. i; 5123(a)]. TGI is liable for a civil penalty of not less than $250 

($450 for training violations), nor greater than $50,000 (or $100,000 for violations resulting in 

death, serious illness, or severe injury to any person, or substantial destruction of property), for 

each violation of the regulations. Afier reviewing our investigative file, we propose to assess a 

civil in the amount of $27,000 for this violation. 

Enclosed is information on TGI's options in responding to this notice. The options include 

participating in an informal conference with an FAA attorney and submission of information to 

the FAA for consideration. TGI must submit, in writing, its choice of the alternatives explained 

on the enclosed information form, on or before 30 days after you receive this Notice. If TGI fails 

to submit its choice within that time, it will have no further right to participate in 

the informal procedures. 

Please direct all communication in this matter to the undersigned. Office of Regional Counsel, 

AAL-7, 222 West 7'h Avenue, #14, Anchorage, Alaska 99513-7587. 

HOWARD L. MARTIN. JR. 

Regional Counsel 

evv—5wcr.-U<:L--0 

Cheryl M. Jones 

Senior Attorney 

Enclosures: Information Sheet 

Reply Form 

FAR 13.16 and Subpart G of Part 13 
& 

IJ. S. Depjrlinonl 

i>t"lryti,spnrl;ilitiii 

Kederal Aviiition 

Administnition 

SFP ! 7 ''^'0 

VIA EMAIL 

Rebecca J. Hozubin. Esq. 

WILKERSON HOZUBIN 

510 K Street. Suite 405 

Anchorage. AK 99501 

rebeccafaiwilkersonlaw.net 

.•\l;i^k;iii l^eyion 

(*l't]cu nt'llii; Rtiiion;!! CminsL'l 

222 W. 7lh Avt:iuit»l4 

.Ancliuriigc, Alaska 

' ND 1.1-7587 

l'h:('H)7) 271-5273 

F.i\-(')il7| 271-2800 

(.heryl Jones'i/iCaii.gov 

Re: TGI Freight 

FAA Ca.se No. 201()NM730038 

NOTICE OF INFORMAL CONFERENCE 

This is to advise that the undersigned will be at the Federal Aviation Administration. Office of 

the Regional Counsel. 222 West 7th Avenue. Anchorage. Alaska, at 1:30 p.m. ADT 

September 23. 2010. to conduct the informal conference you requested concerning the charges in 

our Notice dated July 8. 2010. 

At this conference, you will have the opportunity to be heard as to why the proposed action 

should not be taken and to present any facts you wish considered. 

This conference is the opportunity to be heard which is granted by § 13.16 of the Federal 

Aviation Regulations. 

HOWARDL. MAR'fRsI. JR. 

Regional Counsel 

••vfVii ^ ^ ^^C^-> 

By: Cheryl M. Jones 

Senior Attorney 

Enclosure: AFOB 3^ Floor Map 

VQ^-.::i 

£:^',U L 
o 

U :s. Departmeni Alaskan Region 222 W. 7[h Avfiuie f* 14 

o\ rr;in.spori;ili(in (itfici: oCihe Ktgionul C\Min.-;d Ani.hL>r;iye. .Alii.ska 

')y5l3-75R7 

Federal Aviiition 

Administration PH. (»)(|7) 271-3273 

FAX: ('>l)7)27I-2«()0 

Cheryl.Jone^i'f/'f'aa ^^uv 

CERTIFIED MAIL^RETURN RECEIPT REQUESTED 

Rebecca J. Hozubin, Esq. 

Wilkerson Hozubin 

310 K Street. Suite 405 

Anchorage. A K 99501 

Re: TGI Freight 

Case No. 2010NM730038 

Your File No. 9100.242 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On July 8, 2010. you were advised through a Notice of Proposed Civil Penalty that the FAA 

proposed to assess a civil penalty in the amount of $27,000. Information presented at the 

informal conference held September 23, 2010, demonstrated that you had relied on the 

manufacturer to correctly label its products. This resulted in a recalculation of the civil penalty 

amount proposed. 

After considering all the evidence in this matter, it appears that: 

1. On or about February 19. 2010, TGI Freight (TGI) offered undeclared hazardous material, as 

part of a si.x (6) piece shipment, to Alaska Airlines (ASAA) for air transportation from 

Anchorage. Alaska, lo Ketchikan, Alaska, on ASAA air waybill # 027-3371 9873. The block 

indicating the shipment does not contain hazardous materials was initialed. 

2. During the screening process, ASAA persormel discovered the presence of four bo.\es, each 

of which contained twelve (12) 9.3 ounce tubes of Unitex Pro-Poxy 400 adhesive. 

3. Unitex Pro-Poxy 400 Adhesive is classified as a hazardous material under § 1 72.101 of the 

United States Department of Transportation Hazardous Materials Regulations (HMR), 49 

C.F.R. Chapter I. Subchapter C (Parts 171-80). Its proper shipping name is "Adhesives." U 

^ xki hii 1^ 
) 

is in I lazard Class 3. Packing group III, and has an assigned identification number of 

UN1133. 

4. .At all limes mentioned herein, the shipment was not accompanied by a Shipper's Declaration 

for Dangerous Goods. 

5. rCil ottered the above-described shipment of hazardous material for transportation by air 

when the shipping papers did not contain the proper shipping name of the hazardous material, 

the hazard class of the hazardous material, the assigned identification number of the 

hazardous material preceded by "UN" or "NA" as applicable, and the assigned packing group 

number prescribed for the hazardous material. 

6. TGI offered the above-described hazardous material for transportation without including in 

the shipping papers an emergency response telephone number as prescribed in Subpart G of 

Part 172 of the HMR. 

7. TGI offered hazardous materials for transportation by air when it did not certify that each 

hazardous material was in accordance with the HMR by printing the certification set forth in 

§ 172.204(a) or (c)( 1) on the shipping papers. 

8. TGI offered the above-described hazardous material for transportation by air and did not 

provide two (2) copies of the required shipper's certification. 

9. TGI offered hazardous materials for transportation by air without adding to the certification 

required by § 172.204(c)(3) of the HMR the following statement: 

1 declare that all of the applicable air transport requirements have been met. 

10. TGI offered the above-described hazardous material when the external boxes were not 

marked or labeled in any manner that would indicate the hazardous nature of the contents 

contained therein. 

11. TGI offered the above-described shipment for transportation by air when the external boxes 

were not marked with the proper shipping name and the assigned identification number of the 

hazardous material contained therein, and without the required markings, in English, and 

printed on or affixed to the surface of the boxes. 

By reason of the foregoing facts and circumstances, TGI violated the following Department of 

Transportation Hazardous Materials Regulations: 

(a) Section 171.2(e) in that TGI offered hazardous material for transportation in commerce 

within the United States when each material was not properly classed, described, marked, 

and labeled for shipment as required by the HMR. 
'•. ) 

(b) Section 172.200(a) in that I'Gl offered hazardous material for transportation when the 

hazardous material was not described on the shipping paper in the manner prescribed in 

Subpart C of part 172 of the HMR. 

(c) Section 172.201(d) in that TGI offered hazardous material for transportation without 

including in the shipping papers an emergency response telephone number as prescribed 

in Subpart G of Part 172 of the HMR. 

(d) Section 172.202(a)(1) in that TGI offered hazardous material for transportation when the 

required hazardous material description on the shipping papers did not include the proper 

identification number for the material as shown in Column (4) of the § 172.101 table. 

(e) Section 172.202(a)(2) in that TGI offered hazardous material for transportation when the 

required shipping papers did not include the proper shipping name prescribed for the 

material in Column (2) of the § 172.101 table. 

(t) Section 172.202(a)(3) in that TGI offered hazardous material for transportation when the 

required hazardous material description did not include the hazard class or division 

number prescribed for the material, as shown in Column (3) of the § 172.101 table. 

(g) Section 172.202(a)(4) in that TGI offered hazardous material for transportation when the 

required hazardous material description did not include the assigned packing group in 

Roman numerals, as designated for the hazardous material in Column (5) of the 

§ 172.101 table. 

(h) Section 172.204(a) or (c)(1) in that TGI offered hazardous material for transportation 

without printing the proper certification on the shipping papers as required by these 

sections. 

(i) Section 172.204(c)(2) in that TGI offered hazardous material to an aircraft operator for 

transportation by air and did not provide two copies of the required shipper's 

certification. 

(j) Section 172.204(c)(3) in that TGI offered hazardous material for transportation by air 

without adding to the certification required by § 172.204(a) or (c)(1) the following 

statement: 

I declare that all of the applicable air transport requirements have been met. 

(k) Sections 172.300 and 172.301(a) in that TGI offered hazardous material for transportation 

when the package was not marked with the proper shipping names and identification 

numbers for its contents. 

(I) Section 172.400(a) in that TGI offered a package containing hazardous material for 

transportation when the package was not properly labeled as specified in § 172.101. 
(m)Sections 172.600(c)( 1) and (c)(2) in that TGI offered hazardous material for 

transportation when the emergency response information, including emergency response 

telephone number, was not immediately available for use at all times. 

In accordance with Section 5123(a) of Chapter 51, Title 49 of the United States Code (49 U.S.C. 

sj 5123(a)). you are liable for a civil penalty of not less than $250 ($450 for training violations), 

nor greater than $50,000 (or $100,000 for violations resulting in death, serious illness, or severe 

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

By reason of the foregoing facts and circumstances, we propose lo assess a civil penalty in the 

amount of$ 15.000. 

Unless you mail or personally deliver your request for a hearing, in writing, in this matter on or 

before 15 days at\er you receive this Final Notice, we will issue an Order Assessing Civil 

Penalty, and you will have no further right to a hearing. If you do not submit a written request 

for a hearing, you must pay the proposed civil penalty. 

Your request for a hearing must be sent to the Hearing Docket, Federal Aviation Administration, 

800 Independence Ave., SW, Washington, DC 20591, Attn: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building—Suite 2W1000, and a copy must be sent to the undersigned FAA 

attorney. Your request must be dated and signed, in accordance with § 13.16 of the Federal 

Aviation Regulations (14 C.F.R. § 13.16), sent to you with the Notice of Proposed Civil Penalty. 

You may pay the proposed penalty by submitting a check or money order payable to the Federal 

Aviation Administration to the undersigned. In the alternative, you may pay your civil penally 

with a credit card over the Internet. To pay electronically, visit the web site at 

httpj/Avww.pay.gov. Under the Search Public Forms option type in "FAL-FINEl." You must 

then complete the requested information and click "Continue." You will then be directed lo enter 

your credit card or bank account debit information. To use the bank account debit you will need 

your bank routing number, account number, and check number. If you pay electronically, notify 

the. undersigned that such a payment has been made. 

HOWARD L. MARTIN, JR. 

Regional Counsel 

V..- . ^^ - 0 

By: 

Cheryl M. Jones 

Senior Attorney 

cc: AAL-750