U.S. Department 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

iMAR I ! 3 20161 

FED EX 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl000 

Wilbur Wright Building 

600 Independence Avenue, SW 

Washington, DC 20591 

Southern Region 

Office of the Chief Counsel 

- ' ---- -- ---

P.O. Box 20636 

Enforcement Division 

Southern Team 

P.O. Box 20636 

Atlanta, Georgia 30320 

( 404) 305-5200 

( 404) 305-5223 FAX 

Re: In the Matter of United Parcel Service Co. FAA Case No. 2013S0700189 

Enclosed herewith please find a copy of a request for hearing and 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 the Atlanta, Georgia area, and 

expects that the hearing will last three days. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Enforcement Division, Southern Team 

1701 Columbia Ave. 

College Park, GA 30337 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

/~ 

~~ ;ames H. Dunfee 

Attorney 

Enforcement Division, Southern Team 

Enclosures 
February 29,2016 

Federal Aviation Administration 

600 Independence Avenue S.W. 

Wilbur Wright Bldg.- Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk AGC-430 

Re: FAA File No. 2013S0700189 

Request for Hearing 

Dear Clerk: 

!!Fros~ tlfown 1odd~ ATTORNEYS 

Winston E Miller 

Member 

502.568.0296 (t) 

502.581.1087 (f) 

wmiller@fbtlaw.com 

VIA UPS Overnight and Regular U.S. Mail 

Pursuant to 14 C.P.R. 13.16(g)(2)(ii) United Parcel Service, Inc. (an Ohio Corporation, 

"UPS Ground") and United Parcel Service Co. (a Delaware Corporation, "UPS Airlines") and 

through its undersigned counsel hereby files a request for hearing regarding the Federal Aviation 

Administration's ("FAA's") Final Notice of Proposed Civil Penalty - FAA File No. 

2013S0700189 dated February 10, 2016 ("Final Notice") and received on February 16, 2016, in 

which the FAA proposed to assess a civil penalty in the amount of $3,250. This Request for 

Hearing is being made on behalf of UPS Ground and UPS Airlines because the Final Notice 

references and is based upon the Notice of Civil Penalty for FAA File No. 2013S0700189 dated 

March 11, 2015 which was issued against both UPS Ground and UPS Airlines. 

Winston E. Miller 

Counsel for United Parcel Service, Inc. 

and United Parcel Service Co. 

400 West Market Street I 32nd Floor I Louisville, Kentucky 40202-3363 I 502.589.5400 I frostbrowntodd.com 

Offices in Indiana, Kentucky1 Ohio, Tennessee, Virginia and West Virginia 
Federal Aviation Administration 

Page 2 

February 29,.2016 

cc: James H. Dunfee, Jr. 

Enforcement Division, Southern Team 

1701 ColumbiaAvenue 

College Park, GA 30337 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Request for Hearing has been sent via UPS overnight 

delivery, this 29th day of February 2016. 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Bldg. -Suite 2W1 000 

Washington, DC 20591 

Attention: Hearing Docket Clerk (AGC-430) 

and a copy by certified mail- return receipt requested and regular U.S. mail to: 

James H. Dunfee, Jr. 

Enforcement Division, Southern Team 

170 l Columbia Avenue 

College Park, GA 30337 

OOOOOXA.0624664 4842-3820-2926vl 

Counsel for United Parcel Service, Inc. 

and United Parcel Service Co. 

400 West Market Street I 32nd Floor I Louisville, Kentucky 40202·3363 I 502.589.5400 I frostbrowntodd.com 

Offices in Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

UNITED PARCEL SERVICE CO. 

Respondent. 

JUDGE NOT YET ASSIGNED 

FAA Docket No. 

Judge 

COMPLAINT 

\='()i'V\S: 

d-0\ lP ·· L\J~ 1 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

I. On February 10,2016, Respondent, United Parcel Service, Inc. was advised 

through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty 

in the amount of$3,250. On February 29, 2016, the Agency Attorney received a written request 

for a hearing from the Respondent. 

II. 

2. On or about March 13, 2013, United Parcel Service, Inc. ("UPS") or its agent 

knowingly offered, for transportation by air, a non-specification fiberboard box containing 

hazardous materials ("shipment") that was not properly prepared for air transportation. 

3. The above-mentioned shipment was assigned UPS 3-Day Select tracking 

number/air waybill number lZ 617-489-12-6033-7371. 

4. The shipment was originally offered by VetteSupply.com, 6678 E. Weld Park, 

Stillman Valley, IL 61084 for air transportation to the consignee, 7717 Eagle Ridge Dr., San 

Diego, CA 61084. 

5. The shipment originated at 100 W. Ellwalk Dr., Cortland, IL 60112. 
6. On or about September 10, 2012, employees at the UPS sort facility in Louisville, 

Kentucky discovered the shipment leaking. 

7. The above-mentioned shipment contained four !-gallon metal containers of GM 

Vehicle Care Black Reconditioning Paint (with metal lids), marked "DANGER! FLAMMABLE 

LIQUID AND VAPOR". 

8. Further investigation showed one of the metal containers leaked approximately !-

gallon of the above-described material into and through above-mentioned fiberboard box. 

9. The fiberboard box described above was marked "Consumer Commodity, ORMD". 

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

Certification or Declaration of Dangerous Goods. 

11. a. GM Vehicle Care Black Reconditioning Paint is classified as a hazardous 

material under the Department of Transportation Hazardous Materials Regulations (HMR) ( 49 

C.P.R.§ 172.101). 

b. The proper shipping name of GM Vehicle Care Black Reconditioning 

Paint is "Paint". It is in Hazard Class 3 (Flammable Liquid), Packing Group II, and has an 

assigned identification number ofUN1219. The proper label is FLAMMABLE LIQUID. 

c. If properly packaged for air transportation pursuant to 49 C.P.R. § 173.27 

the above-described material could have been renamed Consumer Commodity and reclassed as 

ORM-D-Air. 

12. UPS offered the above-described shipment of hazardous material for 

transportation by air without shipping papers that included: 

(a) the assigned identification number prescribed for each hazardous material; 

(b) the proper shipping name prescribed for each hazardous material; 

(c) the hazard class prescribed for each hazardous material; 

(d) the packing group prescribed for each hazardous material; 

(e) the total net mass per package of each hazardous material; and, 

(f) the number and type of packages containing hazardous material. 

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

transportation by air and failed to: 
(a) certify that the materials were in accordance with the HMR (49 C.P.R.§§ 

171, et seq.) by printing on the shipping papers the certification set forth in§ 172.204(a)(l ), 

172.204(a)(2), or § 172.204(c) of the HMR; 

(b) prepare the required certifications in duplicate; and, 

(c) add to the certification required in this section the following statement: 

"I declare that all of the applicable air transport requirements have 

been met." 

14. UPS offered the above-described shipment of hazardous materials for 

transportation by air when: 

(a) the outer container was not marked with the proper shipping name of each 

hazardous material contained therein; 

(b) the outer container was not marked with the assigned identification 

number of each hazardous material contained therein; 

(c) a "ORM-D-AIR" marking was not on the outer container. 

(d) a "FLAMMABLE LIQUID" label was not affixed to the outer container. 

15. UPS offered the above-described shipment ofhazardous material for 

transportation by air and failed to make emergency response information available for use at all 

times the hazardous material was present. 

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

transportation by air and failed to make an emergency response telephone number immediately 

available to the appropriate official person designated to respond to an incident involving a 

hazardous material, or who was conducting an investigation involving a hazardous material. 

17. UPS offered the above-described shipment of hazardous material for 

transportation by air when the packaging was not designed, constructed, maintained, filled, its 

contents so limited, and closed, so that under conditions normally incident to transportation, 

there would be no identifiable release of hazardous material to the environment. 

18. UPS offered the above-described shipment for transportation by air when the 

above-described package was not properly packaged for air transportation. 
III. 

19. By reason of the above United Parcel Service, Inc. violated the following 

Department of Transportation Hazardous Materials Regulations (Title 49 of the Code ofF ederal 

Regulations): 

a. Section 171.2(b) in that UPS offered a hazardous material for transportation in commerce 

and failed to comply with all applicable requirements of this subchapter, or an exemption 

or special permit, approval, or registration issued under this subchapter or under 

subchapter A of this chapter. There may be more than one offeror of a shipment of 

hazardous materials. Each offeror is responsible for complying with the requirements of 

this subchapter, or an exemption or special permit, approval, or registration issued under 

this subchapter or subchapter A of this chapter, with respect to any pre-transportation 

function that it performs or is required to perform; however, each offeror is responsible 

only for the specific pre-transportation functions that it performs or is required to 

perform, and each offeror may rely on information provided by another offeror, unless 

that offeror knows or, a reasonable person, acting in the circumstances and exercising 

reasonable care, would have knowledge that the information provided by the other 

offeror is incorrect. 

b. Section 171.2(e) in that UPS offered or accepted a hazardous material for transportation 

in commerce when the hazardous material was not properly classed, described, packaged, 

marked, labeled, and in condition for shipment as required or authorized by applicable 

requirements of this subchapter, or an exemption, approval, or registration issued under 

this subchapter or under subchapter A ofthis chapter. 

c. Section 171.2(f) in that UPS transported a hazardous material in commerce and failed to 

transport it in accordance with applicable requirements of this subchapter, or an 

exemption or special permit, approval, or registration issued under this subchapter or 

subchapter A of this chapter. Each carrier who transports a hazardous material in 

commerce may rely on information provided by the offeror of the hazardous material or a 

prior carrier, unless the carrier knows or, a reasonable person, acting in the circumstances 

and exercising reasonable care, would have knowledge that the information provided by 

the offeror or prior carrier is incorrect. 

20. Pursuant to 49 U.S.C. Section 5123(a), United Parcel Service, Inc. is subject to a 

civil penalty not lower than $250 ($450 for training-related violations), nor greater than $75,000 

($175,000 if death, serious illness, severe injury, or substantial property damage results), for each 

violation of the Department of Transportation Hazardous Materials Regulations. 

21. Under the facts and circumstances of this case, a civil penalty of$3,250 is 

appropriate. 
WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $3,250. 

Respectfully submitted this -"'---day of March, 2016. 

~ 

/-+~L~:___:'__---,;~::::_____,&L-:__ ~,... ' 

Enforceme Division, Southern Team 

1701 Columbia Ave. 

College Park, GA 30337 

Email: Hank.Dunfee@faa.gov 

Telephone: ( 404) 305-5200 (main) 

(404) 305-5206 (direct) 

(404) 305-5223 (fax) 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Federal 

Express, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2Wl 000 

Wilbur Wright Building 

600 Independence Avenue, SW 

Washington, DC 20591 

President 

United Parcel Service, Inc. 

55 Glenlake Parkway NE 

Atlanta, GA 30328 

United Parcel Service, Inc. 

c/o Adam Briggs, Attorney 

55 Glenlake Parkway NE 

Atlanta, GA 30328 

Frost Brwon Todd, LLC 

c/o Winston E. Miller, Esq. 

400 West Market Street, 32nd Floor 

Louisville, KY 40202 

Dated 

(original + 1 copy)