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

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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 ... 92013 HEARING DOCKET

ATTN: HEARING DOCKET CLERK 

## d.-CI3'AC).)A·CRP'

## d 5551 Re: In the Matter

## ofNatio~al Power Corporation 

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## ~ 2-0 DocketNo. 2010-GL-70-0212 Enclosed herein please fmd a copy of a request for hearing and the original and one copy ofthe Federal Aviation Administration's Complaint in the above-entitled action for filing, together with proofofservice uponthe 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 oftheRegional 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 

## 920\3 In the Matter ofNational Power Corporation 2010-GL-70-0212 Judge NotAssigned

COMPLAINT 

## HEARING DOCKET

The Federal Aviation Administration (FAA or Complainant), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows: I 

### 1. On or about May 17, 2010, anFAA special agent conducted a hazardous material inspection ofthe 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 ofdangerous goods untested prototype lithium ionbatteries for transportation by air 

### whenNPC had availed itselfofthe 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 of49 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.

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### 5. The following shipments were offered and transported byNPC in violation ofthe hazardous materials regulations:

U**ii/U~r.lO** l U Oif08/2010 Oli!Og/20lO 01112!2010 01/15/2010 02110/20 !0 03i02/20IO 03/10/2010 03110/2010 0312.5/20lO 03/25/:20l0 7982 8541 0873 793I 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 CreationTechnologies. inc. CreationTechnologies, Jnc. Creation l'echnologies, Inc. Agilent Technologics 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, inthatNPC 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 ofthe 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 ofdangerous 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 ofdangerous 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 numberthat complied withthe requirements ofthe HMR. IV Byreason ofthe foregoing facts and circumstances, the Respondent violatedthe following Federal Aviation Regulations: a) 49 CFR 

### §171.2(e), which states inrelevant part that, no personmay 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 ofthis subchapter or an exemption or special permit, approval, orregistration issued underthis 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 withthe international standards and regulations authorized in paragraph (a) ofthis section is subject to the requirements ofthe applicable international standard orregulation and mustbe offered for transportation or transported in conformance withthe applicable standard orregulation. The shipments above violated ICAO Technical Instructions, Special Provision A88, inthat NPC offered packages containing Prototype Lithium Batteries a for transportation by air without properPacking Group I packaging's. c) 49 CFR 

### §171.22(g)(2), which states that a hazardous material that is offered for transportation ortransported inthe United States in accordance withthis subpart must conform to the following requirements ofthis subchapter, as applicable: 

### (1) The 3•.



### emergency response information requirements in subpart G ofpart 172 ofthis subchapter; (2) The training requirements in subpart H ofpart 172 ofthis subchapter, including function-specific training in the use ofthe international transport standards and regulations authorized inparagraph (a) ofthis section, as applicable; d) 49 CFR §172.203(f), which states in relevant part that a statement indicating thatthe shipment is within the limitations prescribed for either passenger and cargo aircraft or cargo aircraft only must be entered onthe shipping paper. e) 49 CFR §172.604(a)(10, which states inrelevant partthat 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 ofan emergency involving the hazardous material. Fortelephone 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 intransportation, including storage incidental to transportation; f) 49 CFR § 172.702(a), which states in relevant part, a hazmat employer shall ensure that each ofits 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 ofthis subchapter may be transported only under conditions approved by the Associate Administrator.

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Pursuant to 49 U.S.C. §5123, Respondent is subjectto a civil penalty ofat least $250 butnot
more than $50,000 for each ofthe violations alleged. Under the facts and circumstances ofthis 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 inthe amount of$66,000.

# t\~**KJ~~er** Attorney Federal AviationAdministration 2300 East DevonAvenue, AGL-7 Des Plaines, Illinois 60018 847/294-7862 Fax: 847/-294-7498


### NOTE: The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of the FederalAviation Regulations (14 C.F.R. Part 13). The Rules of Practice provide that Respondent must file a written answer to this Complaint, or a writtenMotion to Dismiss if

### appropriate, not laterthan 30 days afterthe date shown on the·Certificate of Service. A general denial is deemed a failure to file an answer (Section 13.209(e)).

5CERTIFICATE OF SERVICE I hereby certify thatthe foregoing Complainthas sentvia 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 2W1000 Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430

uiles Legal T hnician Federal Aviation Administration Office ofRegional Counsel 2300 East Devon Avenue, AGL-7 Des Plaines, Illinois 600 18



### 6U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C. In The Matter ofNationalPower Corporation 2010-GL-70-0212 Judge NotAssigned
NOTICE OF APPEARANCE 

# RECE\VED AUG- 920\3 

## HEAR\NG DOCKET

Complainant, Federal Aviation Administration, hereby notifies the United States Department of Transportation, Office ofHearings, and the Respondent, pursuant to 14 C.F.R. §13.204(b), that it shall berepresented in the above-stated actionbythe following attorney: Kate Barber Federal Aviation Administration Office ofRegional Counsel 2300 East DevonAvenue, AGL-7 Des Plaines, Illinois 60018 847/294-7862 Fax: 847/294-7498
All communications, notices, pleadings or documents are respectfully requested to be forwarded as follows: Kate Barber Federal Aviation Administration Office ofRegional Counsel 2300 East DevonAvenue, AGL-7 Des Plaines, Illinois 60018 847/294-7862 Fax: 847/294-7498 Respectfully submitted,

# {~~ Kate Barber Attorney

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CERTIFICATE OF SERVICE I hereby certify that on this day copies ofthe foregoing Notice ofAppearance were sent Overnight Mail as follows: OvernightMail

Overnight Mail (Original and one Copy) Martin A. Blumenthal Attorney One Northfield Plaza, Suite 300 Northfield, IL 60093 Federal Aviation Administration 800 Independence Avenue, S.W. Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2Wl000 Washington, D.C. 20591

Yoland uiles Legal Te hnician Federal Aviation Administration Office ofRegional Counsel 2300 East Devon Avenue, AGL-7 Des Plaines, Illinois 60018



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