U.S. Department 

of Transportation 

Federal Aviation 

Administration 

January 20,2015 

Office of the Chief Counsel 

New England Region 

SENT VIA FACSIMILE AND US FIRST CLASS MAIL 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW., 

Wilbur Wright Building- Suite 2W1000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

In the Matter ofTashvi Enterprise 

Docket No. CPCase No. 2014S0700395 Hazardous Materials 

Dear Sir or Madam: 

12 New England Executive Park 

Burlington, MA 01803 

RECEIVED 

JAN 3 0 2015 

HEARING DOCKET 

J_o \ q ~ 0 ~ Lo <;5 

Enclosed are the original and one copy of the Complaint in the above-referenced 

proceeding. 

The FAA requests that the hearing in this matter be held in Boston, Massachusetts, and 

expects that the hearing will last one (1) day. 

Please serve all documents in this matter on the undersigned FAA Attorney at the Office of 

the Regional Counsel, 12 New England Executive Park, Burlington, MA 01803. 

Attorney/ 

Enclosure 

cc: President 

Tashvi Enterprise 
IV ED 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION JAN 3 0 2015 

HEARING DOCKET 

In the matter of: 

TASHVI ENTERPRISE 

JUDGE NOT ASSIGNED 

) 

) 

) FAA DOCKET CP #2014S0700395 

) 

) 

COMPLAINT 

The Federal Aviation Administration (FAA) hereby files its Complaint, under Rule 208 

of the Rules of Practice in FAA Civil Penalty Actions, 14 CFR § 13.208, and states the following: 

I. 

On November 25, 2014, Respondent Tashvi Enterprise was advised through a Final 

Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of 

$32,800. On December 12, 2014, Respondent's written request for a hearing was received by the 

Hearing Docket. 

The Respondent failed to serve a copy of its written request for a hearing on FAA 

Attorney Matthew J. Zappala, the official who issued the notice of proposed action. As such, the 

undersigned was not notified of the hearing request until January 15, 2015, when the Hearing 

Docket was contacted. 

II. 

1. Tashvi Enterprise offered a shipment of hazardous materials for transportation by air, as 

set forth below, without complying with the Hazardous Materials Regulations ("HMR") 

(Title 49 of the Code of Federal Regulations). 

2. On or about July 14,2014, Tashvi Enterprise knowingly offered to DHL Express 

("DHL") a shipment for transportation by air (the "shipment"). 

3. The shipment, which was assigned DHL air waybill number 351 6187 415, was offered 

for transportation in air commerce and delivery from Mumbai, India to Tempe, Arizona 

using DHL Express, an air service. 
12. Tashvi Enterprise offered the above-described shipment of hazardous material for 

transportation by aircraft when the required hazardous material description on the 

shipping paper did not include the number and type of packages. 

13. Tashvi Enterprise offered the above-described shipment of hazardous material for 

transportation by air without placing the total quantity of the material covered by the 

hazardous materials description on the shipping paper before or after, or both before and 

after, the description. 

14. Tashvi Enterprise offered the above-referenced hazardous material for transportation 

without printing the required certification on the shipping paper as stated in 

§172.204(a)(l) or (a)(2) (49 C.P.R. § 172.204(a)(l) or (a)(2)). 

15. Tashvi Enterprise offered the above-described shipment of hazardous material to an 

aircraft operator for transportation by air and did not provide two (2) copies of the 

required shipper's certification. 

16. Tashvi Enterprise offered the above-described shipment of hazardous material for 

transportation by air when the fiberboard box containing the hazardous material was not 

marked with the proper shipping name and identification numbers, preceded by "UN" or 

"NA" as appropriate, of the hazardous material contained therein, and without the 

required markings being durable, in English and printed on or affixed to the surface of the 

package, or on a label, tag or sign. 

17. Tashvi Enterprise offered the above-referenced package containing hazardous material for 

transportation by air when the package was not properly labeled as specified in Section 

172.101 (49 C.P.R.§ 172.101). 

18. Tashvi Enterprise offered the above-described shipment of hazardous material for 

transportation by air without making emergency response information immediately 

available for use at all times the hazardous material was present. 

19. Tashvi Enterprise offered the above-referenced shipment of hazardous material for 

transportation by air without properly preparing the shipment. 

20. By reason of the foregoing facts and circumstances, Tashvi Enterprise violated the 

following Department of Transportation Hazardous Materials Regulations (Title 49, Part 

171 et seq., Code ofPederal Regulations): 

a. Section l71.2(e) (49 C.P.R.§ 171.2(e)), in that Tashvi Enterprise offered 

hazardous material for transportation in commerce when the material was not 

properly classed, described, packaged, marked, labeled, and in the condition for 

shipment required by the HMR ( 49 C.P.R. parts 171, et seg.). 
WHEREFORE, Complainant respectfully requests that the Administrative Law Judge 

enter an order that respondent be assessed a civil penalty in the amount of $32,800. 

Respectfully submitted this 20th day of January, 2015 

1\ 

CHRISTOPHER POREQA 

~egional Counsel 

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1 l . \ n I i! ,, 

\ 

MATTHEW J.~APPALA 

Att0mey 

Fedetal Aviation Administration 

12 New England Executive Park 

Burlington, MA 01803 

781-238-7046 

matthew.zappala@faa.gov 
CERTIFICATE OF SERVICE 

I certify that the foregoing complaint has been sent this date by Facsimile, US First Class Mail 

and International Federal Express, to: 

Respondent (International Federal Express Only) 

President 

Tashvi Enterprise 

Mahavir Estate, 687 Makba Building 

2nd Floor 

Byculla (W), Mumbai - 400 027 

Maharashtra, India 

And 

Hearing Docket 

Federal Aviation Administration (original and one copy) 

800 Independence Avenue, SW 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2Wl 000 

Washington, DC 20591 

y; Date January 20, 2015 

aralegal/Management Program Analyst