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U.S. DEPA.RTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

+++.+*++*****i< ******** * **^t :(«*+++>)<**')'=)<+ 

Federal Aviation Administration 

Complainant 

V, 

Robert Zeige, 

Respondent 

* 

* 

* 

* 

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JK*skl|<9(<i|<:|<^4:4: + *t:f<:*4c**;^**;«;**itc**«**4:***M::k * 

Judge [Una.s$igned] 

^^B 2 32013 

.^Al^lNGDCKKET 

FAA Docket No. CP09SO00003 

KAA2009-0182 

FAA Case N<i. 2009SO70D030 

MOTION TO DEEM ALLEGATIONS ADMITTED L,0 

The Complainant, by and tlirougli the undersigned atiomey, pursuant to Sections 

13.209(a) and 13.209(0 of the Rules of Practice in FAA Civil Penalty Actions (14 C.F.R. 

§13.209(a), 13.209(f) hereby moves the Administrative Law Judge (o deem each 

allegation contained in the complaint as the truth. As grounds for this motion, 

Complainant states the following: 

1. 

On March 0, 2009, Complainant lllcd the complaint in thii- matter wiih the Hearing 

Docket and served a copy on Respondent. Attachment 1. 

2. 

Respondent received the Complaini on March 9, 2009. Attachment 2. 
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3. 

Pursuant to §13.209(a) and §13.211(e) Respondent had 35 days (30 days plus 5 for mail 

service) to file an answer. Under these rules, Respondent' s answer wa.s due 

approximately April 11, 2009. To date, Complainant has not received an answer to the 

Complaint. According to §13.209(0, a person's failure to file an an.swer without good 

cause shall be deemed an admission of the truth of each allegation contained in the 

complaint. See, FAA v. Budde W. Planter, FAA Docket No. CP89GL0257 (March 19, 

1990) ("Although this is a severe penalty for failure to file an answer, the rule is clear and 

does not permit exceptions.") 

WHEREFORE, Complainant respectfully requests that the Administrative Law Judge 

deem as an admi.ssion of truth each allegation in the complaint. Additionally, if the 

Administrative Law Judge deems a hearing to be necessary in this case. Complainant 

move the judge to find that the hearing will only be to deienniue the final sanction 

imposed. 

Respectfully submitted this I (^ th day of February, 2011. 

GERALD A. ELLIS 

Attorney 

Office of the Regional Counsel 
02/25/2011 11;3G FAX 2024935142 FAA * DMS 21003/012 

CERTIFICATE OF SERVICE 

1 hereby certify that the foregoing document has been mailed by Certified Mail to tiic 

following locations: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Ave., SW 

Washington, DC 20591 

Robert Zeigc 

4140 Clcmmons Road 

Suite 370 

Clemmons.NC 27012 

• FAT^Y hf. Mcl)OWELL 

Li£*lM.sist4nt 

Office of the Regional Counsel 

F EB J 6 ZOU 

Dated 

(original i 1 copy) 

(I copy) + releasable copy of EIR 
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^ ^ 

^ 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

DrPicrr' 

r'"" 

Southern Region 

Office of the Regional Counsel -

•;?,*"'T.^T;r'I 

MAR 9 6 2009 

CERTIFIED - RETURN RECEIPT REQUE.STED 

Hearing Docket Clerk 

F/VA, AGC-430, Suite 2W1000 

Wilbur Wright BuiJding 

SOO Independence Avenue, SW 

Washington, DC 20591 

Re; In the Matter of Robert Zeige 

P.O. Box 20636 

Atlanta, Georgia 30320 

(-40^) 305-5200 

(4CM) 305-5223 FAX 

RECEIVED 

m ^ 1 7 2309 

HEARING DOCKET 

m me Mauer oi t<.oDen /i-eige i . 

FAA Case No. 2009SO700030 /C,f 0^5 ^ 600c)3 / F^ ^ J,Ct)?-0 | 6 2 -

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in ihe above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Greensboro, North Carolina area, 

and expects (hat the hearing will last one day. 

Please address all communications for the FAA lo the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

'/^ 

Ai^MON D VEATCII 

^'Attorney 

Office of the Regional Counsel 

Enclosures 

llarAnf ntf 
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n 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Roben Zeige 

Respondent. 

FAA Docket No. 

Judge 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

The Federal Aviation Adtninisiration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules ofPractice (14 C.F.R. 13.208), and states as follows; 

T. 

1. On February 12, 2009, Rcspondem, Robert Zeige was advised through a Notice oT 

Proposed Civil Penally ihai the FA.^ proposed in a.'iscss a civil penally in (he amount of $. On 

March 5, 2009, ihe Agency Attorney received a written rcqiiesl for a hearing from (he 

Respondent. 

II. 

1. At all tirnes mentioned herein, you were a ticketed passenger on ConiAir flight 

#6517, scheduled to depart from Piedmont Triad International Airport, Cjrccnsboro, North 

("aroliria. 

2, On or about November 13, 2008, a Delta employee at Piedmont Triad 

International Airport discovered the above-meniioned hazardous materials during an inspection 

of your checked baggage. 

3. At all limes mentioned herein, ihc above-described sbiprneni was not 

accompanied by a Shipper's Certification or Declaration of Dangerous Goods. 

4, The above baggage contained seven (7) flares and a Bic lighter containing 

flammable gas. 
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5. (a) Flares are classified as hazardous materials under the Department of 

Transportation Hazardous Materials Regulations (HMR)(49 C-F.R. § 172.101), 

(b) The proper shipping name of the material is Cartridge.^, signal. It is in 

Hazard Class 1.4 and has an assigned identification number of IJN0312. The 

proper label is EXPLOSIVE 

6. (a) Lighters containing flammable gas are classified as hazardous materials 

under the Depanment of Transportation Hazardous Materials Regulations 

(HMR)(49 C.F.R. § 172.101). 

(b) The proper shipping name of the material is Lighters containing 

flammable gas, It is in Hazard Class 2.1 and has an assigned identificalion 

numberoriJN^057. The proper label is FLAMMABLE GAS 2.1, 

7. You offered the above-described shipment of hazardous material for 

transportation by air when it did not have shipping papers which included: 

(a) the proper shipping name prescribed for each material; 

(b) the hazard class prescribed for each material; 

(c) the assigned identiticaiion number pre.scribed for each material; and 

(d) ihe total quantity of each hazardous marerial. 

8. You offered the above-described shipment of hazardous material for 

transportation by air and failed to: 

(a) certify that the materials were in accordance with the HMR (49 C.F.R. 

§§171, et secj") by printing the certification set forth in § 172.204(a) or 

§ I 72.204(c)(1) of the HMR; 

(b) prepare the required certifications in duplicate; and 

(c) add the following statement to the certification; 

" I declare that all of the applicable air transport requirements have been 

met." 

9. You offered the above-described shipment of hazardous materials for 

iransportation by air when; 

(a) the outer container was not marked with the proper shipping name of each 

hazardous material contained therein; 
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(b) the outer container was not marked with the assigned identification 

number of each hazardous maicrial contained therein; and 

(c) "FLAMMABLE GAS 2.1" and "EXPLOSIVE 1.4" labels were noi 

affixed to the outer container. 

10. You offered the above shipment of hazardous maicrial for transportation by air 

and failed to provide emergency response information. 

11. You offered the above shipment of hazardous material for transportation by air 

and failed to provide an emergency response telephone number. 

12. You offered the above-described shipment of hazardous maicrial for 

transportation by air and failed to use authorized packaging for its transportation. 

ni. 

1. By reason of the foregoing facts and circumstances, Respondent violiiled the 

followmg sections of the Federal Aviation Regulations: 

(a) Scclion 171.2(a) in that you offered a hazardous material for 

trajtsportation in conimercc when the hazardous material was iioi properly classed, described, 

packaged, marked, labeled, and in condition for shipment as required or authori:/ed by applicable 

requiremcnLs of thi.s subchapter. 

(b) Sections 172.204(a) or (c)(1) in that you offered a hazardous maieriiil for 

transportation and failed to certify that the material was offered for transportation in accordance 

with this subchapter by printing on the shipping paper containing the required shipping 

description one of the certifications set forth in this pan. 

(c) Section 172.204(c)(2) in that you offered a hazardous material to an 

aircraft operator for transportation by air and failed lo provide two copies of the certification 

required in this ,s;eclion. 

(d) Section 172.204(c)(3) in that you offered for transporlaiion by air a 

hazardous material authorized for air Iransportaiion and failed to add to the certification required 

in this section the following statement; 

" 1 declare that all of the applicable air transport requirements have been tnet." 

(e) Section 172.301(a) in that you offered for transporUition a hazardous 

material in a non-bulk packaging and failed to mark the package with the proper shipping name 
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and identification number (preceded by "UN" or "NA", as approprialel for the material as .shown 

in [he §172.101 table. 

(0 Section 172.400(a) in that you offered for transportation a hazardous 

material in one of the packages or containment devices listed in this subpart and failed to label 

the package or containment device with the labels specified for the material in the §172,101 

Table and in this subpart, 

(g) Section 172.600(c) in that you offered for transportation a hazardous 

material and failed to make the emergency response information immediately available for use at 

all limes the hazardous material was pre.'^ent, and failed to make such information, including an 

emergency response telephone number, immediately available to any govenunem agency 

responding to an incident involving hazardous tnaterials or conducting an investigation which 

involves a hazardous material. 

2. Pursuant to 49 U.S.C. Section 5123(a), the Respondent is subject to a civil penally 

not lower than $250 ($450 for training-related violations), nor greater than $50,000 ($ ] 00,000 i f 

death, serious illness, severe injury, or substantial property damage results), for each violation of 

the Department of TraJisportation Hazardous Materials Regulations. 

3. Under the facts and circumstances of this case, a civil penalty of $ is appropriate. 

WHEREFORE, the Agency, by cotinscl respeciftilly requests that the Adminisiraiivc Law 

Judge enter an order that Respondcnl be assessed a civil penalty in ihc amount of $1,000 

Respectfully ^bmitted this day of March, 2009. 

tYMt)ND VEAT 

/'^Apomey 

"Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are recjuircJ to file a written answer to thi.>; 

Complaini, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 
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CERTIFICATE OF SERVICE 

1 hereby certify that a copy of the foregoing Complaint has been mailed this dale by Certified 

Mail, Return Receipt Requested, to the following: 

Robert Zeige 

4140 Clemmons Road 

Suite 370 

Clemmons, NC 27012 

Hearing Docket Clerk (original + 1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Wa.$hington, DC 20591 

Dated 
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; . 

1 March 2009 

TO: Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Room 924 A 

Washington, DC 20591 

Ray Veatch 

OfTicc of the Regional Coun.sel 

Federal Aviation Administration 

Southern Region 

P O Rox 20636 

Atlanta, GA 30320 

FR. Robert Zeige 

4 140 Clemmons Road 

Suite 370 

Clemmons, NC 27012 

(336)793-1913 

RE: Request for Hearing, Section 13.16, for Notice of Proposed Civil Penalty, case 

no. 200980700030. 

This leiler is to serve as notice in a request for hearing concerning the above referenced 

matter 

Additionally requested is a list of all witnesses for the FAA and a list of all evidences 

collected 

If you should have any questions, please do not hesitate to call 

CEI W r?^ 

MAR 5 2009 li!/ 

FAi^ RECi-.i)./-.: CO'J'CtI, 

VJGMrilKr. flCiOf' 
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CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the followmg: 

Robert Zeige 

4140 Clemmons Road 

Suite 370 

Clcmmons, NC 27012 

.:), 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1()00 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

(original + 1 copy) 

MAR 9 6 20Q8 

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SENDER . COMPLETE THIS SECTION 

Complete Items 1, 2, . 3. Also complete 

/locn 4 it Ftosiricted Deifvety Is desired. 

Print your name and addross on th« reverse 

so that we can return the caid lo you. 

Attach this card to the bacK o l the mailpiece, 

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1. Anicla AMressed to: 

Robert Zeige 

4140 Clemmons Road 

Suite 370 

Clemmons, NC 27012 

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