FAA FILES COMPLAINT AGAINST COMPANY FOR LITHIUM BATTERY RELATED VIOLATIONS
November 19, 2021
The U.S. Federal Aviation Administration (“FAA”) recently filed a Complaint against Behind the Scenes Worldwide Logistics (“Behind the Scenes”) for alleged shipping violations. The violations stemmed from a single occurrence on or about February 25, 2017, during which Behind the Scenes allegedly knowingly offered a shipment containing thirty (30) Lithium batteries, twelve (12) Lithium ion batteries packed with equipment, Batteries, five (5) Nickel-Metal Hydride and one (1) container of 1,1-Difluoroethane to Southwest Airlines Cargo for transportation by air from Austin, Texas to Sherman Oaks, California. All of these items were contained inside of an overpack.
According to the FAA, Behind the Scenes knew or should have known, in the exercise of reasonable care, that the shipment in question contained Lithium ion batteries, Lithium ion batteries packed with equipment, Batteries, nickel-metal hydride, and 1,1-Difluoroethane. FAA also alleged that Behind the Scenes did not include any hazardous material markings or labels on the overpack and that the overpack was undeclared. Examples of other violation accusations the FAA made against Behind the Scenes in its Complaint include:
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An allegation that Behind the Scenes offered “hazardous material contained in an overpack for transportation by air in commerce and failed to properly class, describe, package, mark label, and otherwise ensure the overpack was in a condition for shipment as required or authorized by applicable requirements of the hazardous materials regulations”;
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An allegation that Behind the Scenes offered hazardous material for transportation by cargo aircraft only and failed to label the overpack with a CARGO AIRCRAFT ONLY label specified in §172.488;
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An allegation that Behind the Scenes offered hazardous material for transportation by air without making emergency response information, including the emergency response telephone number immediately available for use at all times the hazardous material was present;
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An allegation that Behind the Scenes failed to ensure that its hazmat employees received training in accordance with the requirements prescribed in Subpart H of Part 172; and
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An allegation that Behind the Scenes offered lithium ion batteries for transportation by air and failed to mark the outer packaging with a handling marking, which is durable, legible and displayed on a background of contrasting colors as presented in §173.185(c)(3)(ii).
The FAA issued a Final Notice of Proposed Civil Penalty on June 29, 2021 advising Behind the Scenes that it was proposing the assessment of a civil penalty of $88,500 against Behind the Scenes for the violations. The appointed Administrative Law Judge has yet to issue an Initial or Final Decision in this case.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622), Drew Derco (dderco@eckertseamans.com 202-659-6665), or Andy Orr (aorr@eckertseamans.com 202-659-6625).
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