WASHINGTON - The Federal Aviation Administration is proposing a $140,000 civil penalty against K-Mart, Inc., of Royal Oak, Mich., for allegedly violating Department of Transportation 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.

K-Mart, Inc., has 30 days from receipt of the FAA's civil penalty letter to respond to the agency.

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