U.S. Department 

of Transportation 

Federal Aviation 

Administration 

August 8, 2013 

OVERNIGHT MAIL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

~ ~PARTMENT OF 

1 :tANSPORTAT!ON .. "''"LT OP!:RA-101\f" '··"-'vr\c... 1... , I n:::i 

1fll1 UIJG I!_ p ,. c 'I Lll!J flU ! U · .;1 · 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

Great Lakes Region 

2300 E. Devon Avenue 

Des Plaines, IL 60018 

847/294-7313 

RECEIVED 

AUG ... 9 2013 

HEARING DOCKET 

ATTN: HEARING DOCKET CLERK d.-CI3'AC).)A·CRP' d 5551 

Re: In the Matter ofNatio~al Power Corporation l f Om S C}-0 I 3 , () ~ 2-0 

Docket No. 2010-GL-70-0212 

Enclosed herein please fmd a copy of a request for hearing and the original and one copy of the 

Federal Aviation Administration's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Chicago area and expects that the 

hearing will last one day. 

Please address all communications for the Federal Aviation Administration to the attention of.Kate 

Barber, Office of the Regional Counsel, 2300 East Devon Avenue, Des Plaines, Illinois 60018. 

Sincerely, 

~~~ Enclosures 

cc: AGL-700 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. RECEIVED 

------------------AUG e 9 20\3 

In the Matter of National Power Corporation 

2010-GL-70-0212 

Judge Not Assigned 

COMPLAINT 

HEARING DOCKET 

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

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

I 

1. On or about May 17, 2010, an FAA special agent conducted a hazardous material 

inspection of the National Power Corporation (NPC) facility located in Chicago, Illinois. 

2. Incident to that inspection, the FAA agent discovered that from on or about January 8, 

2010 until March 25, 2010, NPS knowingly offered to Federal Express Corporation, eleven (11) 

shipments of dangerous goods untested prototype lithium ion batteries for transportation by air 

when NPC had availed itself of the ICAO Technical Instructions for the Transportation of 

Dangerous Goods by Air (ICAO TI), including all United States Variations thereto. 

3. The eleven shipments each contained untested prototype lithium ion batteries in violation 

of 49 CFR 173.185(±), which requires special permission from the Pipeline and Hazardous 

Materials Safety Administration (PHMSA). 

4. The shipping papers certified and described the shipment as Lithium Ion Batteries, 

UN3480, Class 9, Packing Group II. 

-------------------------------
5. The following shipments were offered and transported by NPC in violation of the hazardous 

materials regulations: 

U ii/U~r.lO l U 

Oif08/2010 

Oli!Og/20 lO 

01112!2010 

01/15/2010 

02110/20 !0 

03i02/20IO 

03/10/2010 

03110/2010 

0312.5/20 lO 

03/25/:20 l 0 

7982 8541 0873 

793 I 6435 04:59 

7931 6435 0426 

7931 74Q1. '-11 0 

7983 0771 S600 

7983 7897 9723 

7933 1671. 3;356 

7984 618l473t 

7984 61:814720 

7933 8820 723li 

1911 KRL.O 7534 

Creation Technologies. inc. 

Creation Technologies, Jnc. 

Creation l'echnologies, Inc. 

Agilent T echnologics 

AgHent Technol.ogies 

Creation Technologies, Inc. 

Creation Te-chnnEogic;:s, lnc. 

Creation Techno~ogies. Jnc. 

Creation Te:cbnohogies, Inc. 

Creation Techn.oiogies, lnc. 

Creation Technologies, Inc. 

6. NPC failed to comply with the hazardous materials regulations, in that NPC failed to 

make emergency response information, including an emergency response telephone number, 

available for use at all times the dangerous goods were present during the course of the shipment 

by air. 

7. Hazardous material employee Maria Munoz performed hazardous material shipping 

functions when she had not received the required hazardous materials employee training. 

8. NPC offered the shipments of dangerous goods for transportation by air when the 

shipments listed above did not contain a statement indicating that the shipment is within the 

limitations prescribed for either passenger and cargo aircraft or cargo aircraft only. 

9. NPC offered the above-described hazardous material for transportation in air commerce 

when they did not properly train their hazmat employees in accordance with the requirements of 

the hazardous materials regulations. 

10. NPC offered the shipments of dangerous goods for transportation by air when it did not 

properly package the shipments. 

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11. NPC offered the above-described hazardous materials for transportation in air commerce 

and the shipments did not contain an emergency response number that complied with the 

requirements of the HMR. 

IV 

By reason of the foregoing facts and circumstances, the Respondent violated the following 

Federal Aviation Regulations: 

a) 49 CFR § 171.2(e), which states in relevant part that, no person may offer or accept a 

hazardous material for transportation in commerce unless the hazardous material is 

properly classed, described, packaged, marked, labeled, and in condition for shipment as 

required or authorized by applicable requirements of this subchapter or an exemption or 

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

this chapter. 

b) 49 CFR § 171.22(b )(1 ), which states that a hazardous material that is offered for 

transportation or transported in accordance with the international standards and 

regulations authorized in paragraph (a) of this section is subject to the requirements of the 

applicable international standard or regulation and must be offered for transportation or 

transported in conformance with the applicable standard or regulation. The shipments 

above violated ICAO Technical Instructions, Special Provision A88, in that NPC offered 

packages containing Prototype Lithium Batteries a for transportation by air without 

proper Packing Group I packaging's. 

c) 49 CFR § 171.22(g)(2), which states that a hazardous material that is offered for 

transportation or transported in the United States in accordance with this subpart must 

conform to the following requirements ofthis subchapter, as applicable: (1) The 

3 
•. 

emergency response information requirements in subpart G of part 172 of this 

subchapter; (2) The training requirements in subpart H of part 172 of this subchapter, 

including function-specific training in the use of the international transport standards and 

regulations authorized in paragraph (a) of this section, as applicable; 

d) 49 CFR § 172.203(f), which states in relevant part that a statement indicating that the 

shipment is within the limitations prescribed for either passenger and cargo aircraft or 

cargo aircraft only must be entered on the shipping paper. 

e) 49 CFR §172.604(a)(10, which states in relevant part that a person who offers a 

hazardous material a person who offers a hazardous material for transportation must 

provide an emergency response telephone number, including the area code, for use in the 

event of an emergency involving the hazardous material. For telephone numbers outside 

the United States, the international access code or the "+" (plus) sign, country code, and 

city code, as appropriate, must be included. The telephone number must be--(1) 

Monitored at all times the hazardous material is in transportation, including storage 

incidental to transportation; 

f) 49 CFR § 172.702(a), which states in relevant part, a hazmat employer shall ensure that 

each of its hazmat employees is trained in accordance with the requirements prescribed in 

this subpart. 

g) 49 CFR § 173.185(f), which states in relevant part that a lithium cell or battery that does 

not comply with the provisions of this subchapter may be transported only under 

conditions approved by the Associate Administrator. 

4 
.i 

Pursuant to 49 U.S.C. §5123, Respondent is subject to a civil penalty of at least $250 but not 

more than $50,000 for each of the violations alleged. Under the facts and circumstances of this 

case, a civil penalty of $66,000 is appropriate. 

WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative Law 

Judge enter an order assessing National Power Corporation a civil penalty in the amount of$66,000. 

t\~ KJ~~er Attorney 

Federal Aviation Administration 

2300 East Devon A venue, AGL-7 

Des Plaines, Illinois 60018 

84 7/294-7862 

Fax: 847/-294-7498 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of the 

Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must 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. A general denial is deemed a failure to file an answer 

(Section 13.209(e)). 

5 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has sent via Overnight Mail as follows: 

Overnight Mail 

Overnight Mail 

(Original & One Copy) 

Date: 

Martin A. Blumenthal 

Attorney 

One Northfield Plaza, Suite 300 

Northfield, IL 60093 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Wilbur Wright Building, Suite 2W1 000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

uiles 

Legal T hnician 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon A venue, AGL-7 

Des Plaines, Illinois 600 18 

6 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In The Matter ofNational Power Corporation 

201 0-GL-70-0212 

Judge Not Assigned 

NOTICE OF APPEARANCE 

RECE\VED 

AUG- 9 20\3 

HEAR\NG DOCKET 

Complainant, Federal Aviation Administration, hereby notifies the United States Department of 

Transportation, Office of Hearings, and the Respondent, pursuant to 14 C.F.R. §13.204(b), that it 

shall be represented in the above-stated action by the following attorney: 

Kate Barber 

Federal Aviation Administration 

Office ofRegional Counsel 

2300 East Devon Avenue, AGL-7 

Des Plaines, Illinois 60018 

84 7/294-7862 

Fax: 847/294-7498 

All communications, notices, pleadings or documents are respectfully requested to be forwarded as 

follows: 

Kate Barber 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon A venue, AGL-7 

Des Plaines, Illinois 60018 

84 7/294-7862 

Fax: 847/294-7498 

Respectfully submitted, 

{~~ Kate Barber 

Attorney 
. . 

CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing Notice of Appearance were sent Overnight 

Mail as follows: 

Overnight Mail 

Overnight Mail 

(Original and one Copy) 

Martin A. Blumenthal 

Attorney 

One Northfield Plaza, Suite 300 

Northfield, IL 60093 

Federal Aviation Administration 

800 Independence A venue, S. W. 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2Wl 000 

Washington, D.C. 20591 

Y oland uiles 

Legal Te hnician 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

Des Plaines, Illinois 60018 

2