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 AviationAdministration 800 Independence Avenue, SW., Wilbur Wright Building- Suite 2W1000 Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Inthe Matter ofTashvi Enterprise DocketNo. CPCase No. 2014S0700395 Hazardous Materials Dear Sir or Madam: 12 New England Executive Park Burlington, MA 01803 

# RECEIVED JAN 30 2015 HEARING DOCKET 

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Enclosed are the original and one copy ofthe Complaint inthe above-referenced proceeding. The FAArequests 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 inthis matter on the undersigned FAA Attorney atthe Office of theRegional Counsel, 12 New England Executive Park, Burlington, MA 01803.

Attorney/ Enclosure
cc: President Tashvi Enterprise

# IVED U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION 

## JAN 302015 HEARING DOCKET Inthe matter of: TASHVIENTERPRISE

JUDGE NOT ASSIGNED 

### ) ) ) FAADOCKET CP #2014S0700395 

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COMPLAINT The Federal Aviation Administration (FAA) hereby files its Complaint, under Rule 208 ofthe Rules ofPractice inFAA Civil Penalty Actions, 14 CFR 

### §13.208, and states the following: I. OnNovember 25, 2014, Respondent Tashvi Enterprise was advised through a Final Notice ofProposed Civil Penalty that the FAAproposed to assess a civil penalty inthe amount of $32,800. OnDecember 12, 2014, Respondent's written request for a hearing was received by the Hearing Docket. The Respondent failed to serve a copy ofits written request for a hearing onFAA Attorney Matthew J. Zappala, the official who issued the notice ofproposed action. As such, the undersigned was not notified ofthe hearing request until January 15, 2015, when the Hearing Docket was contacted. II. 1. Tashvi Enterprise offered a shipment ofhazardous materials for transportation by air, as set forth below, without complying with the Hazardous Materials Regulations ("HMR") (Title 49 ofthe Code ofFederal 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 deliveryfrom Mumbai, Indiato Tempe, Arizona using DHL Express, an air service.12. Tashvi Enterprise offered the above-described shipment of hazardous material for transportationby aircraft when the required hazardous material description onthe shipping paper did not include the number and type ofpackages. 13. Tashvi Enterprise offered the above-described shipment ofhazardous material for transportation by air withoutplacing the total quantity ofthe material covered by the hazardous materials description onthe shipping paper before or after, or bothbefore and after, the description. 14. Tashvi Enterprise offeredthe above-referenced hazardous material for transportation without printing the required certification onthe 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 ofhazardous material to an aircraft operator for transportation by air and did not provide two (2) copies ofthe required shipper's certification. 16. Tashvi Enterprise offered the above-described shipment ofhazardous material for transportation by air when the fiberboard box containing the hazardous material was not marked withthe proper shipping name and identification numbers, preceded by "UN" or "NA" as appropriate, ofthe hazardous material contained therein, and without the required markings being durable, inEnglish and printed on or affixed to the surface ofthe package, or on a label, tag or sign. 17. Tashvi Enterprise offered the above-referenced package containing hazardous material for transportationby air whenthe 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 ofhazardous material for transportationby 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 ofhazardous material for transportationby air without properlypreparing the shipment. 20. Byreason ofthe foregoing facts and circumstances, Tashvi Enterprise violated the following Department ofTransportation Hazardous Materials Regulations (Title 49, Part 171 

### et seq., Code ofPederal Regulations):
a. Section l71.2(e) (49 C.P.R.§ 171.2(e)), inthat Tashvi Enterprise offered hazardous material for transportation in commerce when the material was not properly classed, described, packaged, marked, labeled, and inthe 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 orderthat respondent be assessed a civil penalty in the amount of$32,800. Respectfully submitted this 20th day ofJanuary, 2015 1\ CHRISTOPHER POREQA**~egional** Counsel

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MATTHEW

### J.~APPALA Att0mey Fedetal Aviation Administration 12 NewEngland Executive Park Burlington, MA 01803 781-238-7046 matthew.zappala@faa.govCERTIFICATE OF SERVICE I certifythat the foregoing complaint has been sentthis 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 2ndFloor 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 2Wl000 Washington, DC 20591

y; Date January 20, 2015 aralegal/Management Program Analyst