CONSENT ORDERS
March 21, 2016
Hazardous Materials Violations — The FAA has proposed seven civil penalties totaling $455,000 against DHL Express (USA), Inc. for violations of the Hazardous Materials regulations. In each case, the FAA alleges that DHL Express accepted shipments that were improperly prepared for air transportation, and failed to confirm employees and agents handling the materials were properly trained to handle dangerous goods. The discoveries of the improperly packaged goods were made at various times at a DHL Express sorting facility in Erlanger, KY between December 2013 and September 2014. The improperly packaged goods consisted of various automobile parts, including a fuel control assembly, a fuel/defuel cart with a corrosive battery, a box containing lithium ion batteries and an airbag module — all of which were either improperly packaged or incorrectly labeled and identified. DHL Express will be meeting with FAA representatives to discuss the cases.
Improper Aircraft Maintenance — The FAA has proposed a $275,000 civil penalty against Atlas Air, Inc. of Purchase, N.Y. for allegedly operating a Boeing 747 after improper maintenance was performed on the aircraft. The allegation stems from an improper repair of the aircraft’s landing gear after it failed to retract on departure from Sydney, Australia. Atlas Air mechanics allegedly repaired the gear using the wrong part, requiring installation of the component upside down in order to fit. The FAA alleges that due to the improper part installation, Atlas Air subsequently failed to operate the aircraft in an airworthy condition on 24 cargo flights over a 10 day period, and will be meeting with FAA representatives to discuss the case.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).