Aviation Technical Services, Radiology Corp., K-Mart All Face Civil Penalties

The FAA proposed fines ranging from $140,000 to over a half million dollars on Friday against three companies. Two of those were for violations of shipping regulations.

The largest proposed fine is a $530,250 civil penalty against Aviation Technical Services, Inc. (ATS), an aviation repair station in Everett, WA, for allegedly failing to follow approved procedures while maintaining 14 Southwest Airlines Boeing 737s.

Specifically, the FAA alleges ATS failed to follow Southwest's Continuous Airworthiness Maintenance Program (CAMP) during work to accomplish five Airworthiness Directives to detect fuselage skin cracks. ATS used shortened "cradles" to support the aircraft at two of three specified points while they were off their wheels, a deviation from the Southwest CAMP.

ATS also allegedly failed to install and monitor load-measuring cells to ensure the maximum loads did not exceed limits for the engines, wings and horizontal stabilizer locations while the aircraft were suspended in the cradle. The alleged violations occurred between January 2007 and March 2008.

"We have the highest standards in place to ensure safety," said FAA Administrator Randy Babbitt, "Maintenance work has to meet those standards wherever it is performed."

The agency also proposed a $168,000 civil penalty against Radiology Corporation of America, Inc., of Delray Beach, FL, for allegedly violating Department of Transportation hazardous materials regulations.

The FAA alleges Radiology Corp. offered a fiberboard box to Delta Airlines in Atlanta as checked baggage, Feb. 6, 2010. The box housed a soldering iron containing liquid butane fuel, a flammable gas, which is a hazardous material. The shipment was not declared to contain hazardous materials.
Radiology Corp. allegedly offered the checked baggage for transportation by air when it was not packaged, marked, classed, described, labeled or in condition for shipment as required by regulations. Delta employees at the Atlanta airport discovered the shipment before it was loaded on an aircraft.

Also accused of shipping violations was K-Mart, based in Royal Oak, MI. The FAA is proposing a $140,000 civil penalty against the retailer for allegedly violating DOT hazardous materials regulations.

The FAA alleges K-Mart offered two packages to UPS for transportation by air from Caguas, Puerto Rico to its returned goods center in McDonough, GA. The first shipment, Sept. 21, 2009, contained 15 three-ounce containers of nail color, which is classified as paint, a flammable liquid. The second shipment, Oct. 26, 2009, contained 18 five-ounce containers of aerosol sun block, a flammable gas. Neither shipment was declared to contain hazardous materials.

K-Mart allegedly offered the shipments for transportation by air when they were not packaged, marked, classed, described, labeled or in condition for shipment as required by regulations. UPS employees at the Louisville sort center discovered both packages leaking.

All three companies have 30 days from the receipt of the notifications to respond to the FAA.

FMI: www.faa.gov