FAA PROPOSES HAZMAT PENALTIES
February 20, 2015
The FAA recently proposed civil penalties ranging from $65,000 to $1,300,000 against eight companies for violating the Administration’s Hazardous Materials Regulations (HMR). In each case, the FAA alleged the company failed to declare the hazardous materials being transported and failed to properly class, describe, package, mark, and label the shipments in proper condition for shipment. The FAA further alleged each of the companies failed to ensure its employees had received the required training for shipping hazardous materials, and did not provide emergency response information with the packages.
The cases include the following:
- $1.3 million against United Airlines for 120 instances of allegedly violating the HMR. Almost all of the alleged violations involved failing to provide the pilot in command with accurate information about hazardous materials aboard the aircraft, including the location of the materials on the aircraft; the materials’ type, quantity, weight, proper shipping name, identification number and hazard class; dates of the flights; and confirmation that no damaged or leaking packages had been loaded onto the aircraft. The FAA further alleges that on two occasions, United improperly accepted hazardous materials and failed to retain copies of shipping papers. The hazardous materials included: lithium metal batteries, dry ice, corrosive liquids, radioactive materials, detonating fuses, compressed oxygen, engines, isopropanol, non-flammable aerosols, phosphoric acid, sodium hydroxide and ethanol solutions, air bag modules and printing ink.
- $78,000 against Max-Pak, LLC of Lakeland Florida for offering six shipments containing dozens of spray and aerosol cans that contained flammable materials to Federal Express for transport by air. The packages broke apart during transport, exposing the cans.
- $70,020 against CMC Construction Services, Inc. of Houston, Texas for offering a shipment containing twelve 17-ounce aerosol cans of flammable spray paint to FedEx for transport by air. FedEx personnel noticed the package was leaking.
- $65,000 against Allender & Company, Inc. of Ferndale, Michigan for offering a shipment containing twelve 12-ounce cans containing flammable aerosol paint to UPS for air transportation.
- $70,020 civil penalty against Viabox of Elkhart for offering two containers containing flammable aerosol automotive products to FedEx for shipment to Montreal, Canada. FedEx employees discovered the aerosol cans and notified the FAA.
- $63,000 against Wholesale Electric Supply for offering to UPS for shipment a fiberboard box containing two one-gallon containers of electric parts degreaser. Approximately two quarts of the hazardous material leaked from one of the containers.
- $533,000 against Sears Holdings Management Corp. for offering to UPS 27 boxes, each containing one DieHard Portable Power Supply that encased a non-spillable battery, for air transportation to various locations in the United States. Workers at the UPS sort facility discovered six of the corrosive shipments were vibrating and one was warm to the touch.
- $90,000 against Pearl Paint North America for offering to UPS a 5-gallon metal container of flammable paint for transportation by air.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).