FAA PROPOSES HAZMAT PENALTIES AGAINST THREE COMPANIES

September 19, 2014

The FAA recently proposed civil penalties ranging from $63,000 to $91,000 against three companies for violating the 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:

  • $91,000 penalty against Kuehne & Nagel, Inc., of Jersey City, NJ for offering a cardboard box containing one 3.78 liter can of Carboline Part A paint and one can containing a liter of Carboline Urethane Converter paint to FedEx for shipment by air.  Under the HMR, paint is considered a hazardous material.
  • $78,000 against Pantropic Power, Inc., of Miami, FL for shipping      11 12-ounce cans of aerosol paint on a FedEx aircraft from Miami to Puerto Rico.  Workers at Luis Munoz Marin International Airport in San Juan discovered the package emitting an odor, and found a can had burst and leaked through its packaging.  Aerosols are considered to be hazardous flammable gas.
  • $63,000 against Superior International Industries of Carrollton,      GA for offering an unmarked box containing two, 12-ounce cans of Cardinal Acrylic Aerosol Enamel spray paint to FedEx for shipment by air.  Under the HMR spray paint is considered a flammable aerosol.  The contents of the shipment were discovered after one of the cans leaked yellow paint in transit.

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