0 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

SEP 10 201Z 

. :fF'i\RTtv!ENT OF 

Ala_skan Reg1on . -- ~ i\NSPOHTATIQN 

Office of the Reg1onal Counf>_ ~~ ~r' :,. ('_ nr~f·' "TIC , ,.1 ' ·' r· I lr·.J,_ ·(o )r' I" ·\ .• .:: '>..... \ ... · t~ f' 1 • I\ ~-iCERTIFIED MAIL-RETURN RECEIPT REQUESTED 

222 W. 7th Avenue #14 

Anchorage, Alaska 99513 

Phone: (907) 271-5273 

Fax: (907) 271-2800 

Federal Aviation Administration 

800 Iqdependence A venue, SW 

Washington, DC 20591 

RECEIVED 

SEP 1 7 2012 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building--Suit¢ 2W1 000 HEARING DOCKET 

Re: In the Matter of John Croft J F~S OLa I&_ () Cf 03 

Case No. 2011NM730130 

Dear Sir or Madam:. ~\~- P, WA -C;W- f3 ~d-.-3 

We have received notification that John Croft requested a hearing in the above-referenced case. 

Enclosed are the original and one copy of the Complaint in the above-referenced proceeding as required 

by§ 13.208(a) ofthe Rules ofPractice in FAA Civil Penalty Actions, 14 C.P.R. Part 13, Subpart G. By 

copy of this letter, the Complaint is being served on Respondent as required by§ 13.208(b). 

The FAA requests that the hearing in this matter be held in Sitka, Alaska, and expects that the hearing will last one day. 

Please address all communications for the FAA to Howard L. Martin, Jr., Regional Counsel, Federal 

Aviation Administration, Office ofthe Regional Counsel, AAL-7, 222 West 7th Avenue, Box 14, 

Anchorage, Alaska 99513-7587. 

HOWARD L. MARTIN, JR. 

Regional Counsel 

Cheryl M. Jones 

Senior Attorney 

Enclosures 

cc: John Croft 

(with copy of FAR 13.16 and Subpart G ofPart 13) 
~· . 

. iltEPLY TO NOTICE OF PROPOSED CIVIL PENALTY <HAZARDOUS MATERIALS) 

To: Federal Aviation Administration 

Office of the Regional Counsel 

Federal Aviation Administration 

222 West 7th Ave. #14 

Anchorage, AK 99513-7587 

Subject: .Notice of Proposed Civil Penalty (HM) Case No.: Zo// /U#f 7 3::,::, /3o 

In reply to your Notice of Proposed Civil Penalty, I elect to proceed as indicated by my check 

mark beside the numbered paragraph(s) below: 

1. [ ] I hereby submit the amount of the proposed civil penalty with the understanding that' an 

order assessing a civil penalty will be issued in that aniount without further notice. I 

UNDERSTAND THAT I AM WAIVING MY RIGHT TO A HEARING IF MY OFFER IS 

ACCEPTED. 

2. [ ] I have paid the proposed Givil penalty with a credit card over. the Internet at the following 

website: http://www.pay.gov. I understand that an order assessing a civil penalty will be issued 

in the amount without further notice. I ALSO UNDERSTAND THAT I~ WAIVING MY 

RIGHT TO A HEARING. 

3. I?<) I hereby submit evidence and information demonstrating that a violation of the 

regulations did not occur as alleged or that the amount of the pem\lty is not ~arranted by the 

circumstances. 

4. [ ] I hereby submit information and records showing-that I am financially unable to pay the 

proposed civil penalty or that payment ofth,e penalty would prevent me from continuing in 

business. ·, 

5. [ ] I heteby request that the proposed civil penalty be assessed in the amount of 

$ , and I submit the ~easons for the reduction of the proposed amount. My request 

constitutes my agreement that if this offer iS accepted by the FAA, an Order Assessing Civil 

Penalty in .the amount I have specified may be issued without further notice. MY REQUEST 

. ALSO CONSTITUTES MY AGREEMENT THAT I HAVE WAIVED MY RIGHT TO A 

HEARING. IF THE FAA DOES NOT ACCEPT THIS OFFER HOWEVER, MY RIGHT TO A 

HEARING IS NOT AFFECTED. 

· 6. a. [ ] I l:lereby request a telephonic informal conference to discuSs this matter with an FAA 

attorney. (An attorney will call you at the telephone number you provide here: ( )_· ___ _ 

You will be provided at least 2 weeks advance notice of the date and time of this conference.) 

NOTE: If you choose to discuss this matter informally by telephone, you should provide any 

documents or oth~r information you wish to have considered on your behalfbefore the d~te of 

the informal conference. · 

~OVER- ATTACHMENT 1 
b. [ ] I hereby request an in-person informal conference with an FAA attorney to discuss this · 

-'~\ii. matter at · (choose an FAA office from the attached 

list). 

c. [ ] .r hereby request an in-perso11 i11fornuu conference with an FAA attorney to discuss.this 

matter at • I am requesting an in-person informal 

conference at this location because ·· ; · • J, • . 

------~---··I have also indicated an alternate location from the attached list 

under item 6b in the event the FAA is unable to grant my request under this option. 

7. &<I I hereby request a hearing in accordance with Subpart G of Pai113· of the Federal. 

Aviation Regulations with the understanding that a Complaint will be filed. I request that the 

hearing be held in_.S ;V<b,. · A4:..$/cq. .- I am sending this request both .to. the F M 

attorney at the Office of the Regional Counsel, 222.West.7thAve. #14, Ancl:10rage, AK 99513~ 

7-':187, and to.the Hearing Docket, Federal Aviation Administration, 800 Independence Avenue~ 

SW., Room 924At Washington, DC 20591, Attention: Hearing Docket Clerk .. . , . ·' . . . 

Signat,uie: 

Name: 

Address: 

Telephone: 

·Email: 

.·~···· 

[ ] I request that future documents in this c'ase be sent to my representative: 

Name: 

Address: 

Telephone: 

Email:· 

· O l :f1 Jld -~-~- d3S. ZWl 

RECEIVED 

SEP 0 6 2012 

--REARING DOCKET 
·REPLY TO NOTICE OF PROPOSED CIVIL PENALTY <HAZARDOUS MATERIALS) 

To: Federal Aviation Administration 

Office of the Regional Counsel 

Federal Aviation Administration 

222 West 7th Ave. #14 

Anchorage, AK 99513-7587 

Date: L 7.&t-6 Zo/z. 

,, '\ 

'' 

Subject:. Notice of Proposed Civil Penalty (HM) 

In reply to your Notice of Proposed Civil Penalty, I elect to proceed as indicated by my check 

mark beside the numbered paragraph(s) below: 

1. [ ] I hereby submit the amount of the proposed civil penalty with the understanding that an 

order assessing a civil penalty will be issued in that amount without further notice. I 

UNDERSTAND THAT I AM WAIVING MY RIGHT TO A HEARING IF MY OFFER IS 

ACCEPTED. 

2. [ ] I have paid the proposed civil penalty with a credit card over the Internet at the following 

website: http://www.pay.gov. I understand that an order assessing a civil penalty will be issued 

in the amount without further notice. I ALSO UNDERSTAND THAT I~ WAIVING MY 

RIGHT TO A HEARING. 

3. P<) I hereby submit evidence and information demonstrating that a violation of the 

regulations did not occur as alleged or that the amount of the penalty is not ~an-anted by the 

circumstances. 

4 ... [ ] I hereby submit information and records showing that I am financially unable to pay the 

proposed civil penalty or that pa)rm.ent ofth,e penalty would prevent me from continuing in 

business. ·, 

5. [ 1 I hereby request that the proposed civil penalty be assessed in the amount of 

$ , and I submit the reasons for the reduction of the proposed amount. My request 

constitutes my agreement that if this offer ~ accepted by the FAA, an Order Assessing Civil 

Penalty in the amount I have specified may be issued without further notice. MY REQUEST 

ALS() CONSTITUTES MY AGREEMENT THAT I HAVE WAIVED MYRIGHT TO A 

HEARING. IF THE FAA DOES NOT ACCEPT THIS OFFER, HOWEVER, MY RIGHT TO A 

HEARING IS NOT AFFECTED. 

· 6. a. [ ] I hereby request a telephonic informal conference to discuss this matter with an FAA 

attorney. (An attorney will call you at the telephone number you provide here: ( )_· ___ _ 

You will be provided at least 2 weeks advance notice of the date and time of this conference.) 

NOTE: If you choose to discuss this matter informally by telephone, you should provide any 

documents or other information you wish to have considered on your behalfbefore the date of 

the informal conference. · 

--OVER- ATTACHMENT 1 
RECEIVED 

U.S. DEPARTMENT OF TRANSPORTATION SEP 1 7 2012 

FEDERAL AVIATION ADMINISTRATION HEARING DOCKET 

In the Matter of: 

FDMS DocketNo. Unassigned 

John Croft 

Judge Not Assigned 

COMPLAINT 

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

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

I. 

On July 24, 2012, Respondent was advised through a Superseding Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of$12,000. On 

August 29, 2012, Respondent submitted a written request for a hearing. 

II. 

1. On September 28, 2011, Respondent, through an agent, knowingly offered a shipment to 

SeaPort Airlines, Inc. d/b/a Wings of Alaska (AJAA) for transportation by air from 

Skagway to Juneau, Alaska, and via Alaska Airlines (ASA) from Juneau to Sitka, Alaska. 

2. The above shipment consisted of three (3) pieces and was shipped under Wings of Alaska 

Air Waybill# 6092 2065. 
3. Upon delivering the shipment to Alaska Airlines in Juneau, one of the three pieces was 

inspected by an Alaska Airlines agent and found to contain undeclared hazardous 

material, specifically five Orion 12 gauge signal and aerial flares. 

4. Orion 12 gauge signal and aerial flares are classified as hazardous material under the 

HMR. Their proper shipping name is "Flares, aerial." They are in hazard class 1.40 and 

in packing group II. They have an assigned identification number ofUN0403. Column 

9 A of the § 172.101 table provides that "Flares, aerial" are forbidden on passenger 

aircraft. 

5. At all times mentioned herein, the shipment was not accompanied by a Shipper's 

Declaration for Dangerous Goods. 

6. Respondent offered. the above-described shipment of hazardous materials for 

transportation by air when the shipping papers did not contain the proper shipping name 

of each hazardous material, the hazard class of each hazardous material, the assigned 

identification number of each hazardous material preceded by "UN" or "NA," as 

applicable, the total quantity by weight or volume of each hazardous material covered by 

the description, and the basic description of each hazardous material shown in sequence. 

2 
7. Respondent offered the above-described hazardous materials for transportation without 

including in the shipping papers an emergency response telephone number as prescribed 

in Subpart G of Part 172 of the HMR. 

8. Respondent offered the above-described hazardous materials for transportation by air 

when he did not certify that each hazardous material was in accordance with the HMR by 

printing the certification set for in§ 172.204(a) or§ 172.204(c)(l) of the HMR on the 

shipping papers. 

9. Respondent offered-the above-described shipment for transportation by air and did not 

provide two (2) copies of the required shipper's certification. 

10. Respondent offered the above described shipment for transportation by air without adding 

to the certification required by§ 172.204(c)(3) ofthe HMR the following statement: 

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

11. Respondent offered the above-described shipment when the external container was not 

marked or labeled in any manner that would indicate the hazardous nature of the contents 

contained therein. 

3 
12. Respondent offered the above-described shipment for transportation by air when the 

external container was not marked with the proper shipping name and the assigned 

identification number of the hazardous material contained therein, and without the 

required markings, in English, and printed on or affixed to the surface of the container. 

III. 

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

Department of Transportation Hazardous Materials Regulations: 

(a) Section 172.2(e) in that Respondent offered hazardous materials for 

transportation in commerce within the United States when each material was not 

properly classed, described, packaged, marked, labeled, and in condition for shipment 

as required or authorized by applicable requirements of the FIMR, or an exemption, 

approval, or registration issued under the HMR. 

(b) Section 172.200(a) in that Respondent offered hazardous material for 

transportation when the hazardous material was not described .on the shipping paper in 

the manner prescribed in Subpart C of Part 172 of the HMR. 

(c) Section 172.201 (d) in that Respondent offered hazardous material for 

transportation without including in the shipping papers an emergency response 

telephone number as prescribed in Subpart G of Part 172 of the HMR. 

4 
(d) Section 172.202(a)(l) in that Respondent offered hazardous material 

for transportation when the required hazardous material description on the shipping 

papers did not include the proper identification number for the material as shown in 

Column (4) ofthe § 172.101 table. 

(e) Section 172.202(a)(2) in that Respondent offered hazardous material 

for transportation when the required shipping papers did not include the proper shipping 

name prescribed for the material in Column (2) of the§ 172.101 table. 

(f) Section 172.202(a)(3) in that Respondent offered hazardous material 

for transportation when the required hazardous material description did not include the 

hazard class or division number prescribed for the material as shown in Column (3) of 

the§ 172.101 table. 

(g) Section 172.202(a)(4)in that Respondent offered hazardous material 

for transportation when the required hazardous material description did not include the 

packing group in Roman numerals, as designated for the hazardous material in Column 

(5) ofthe § 172.101 table. 

(h) Section 172.202(a)(5) in that Respondent offered hazardous; material 

for transportation without including in the shipping papers the total quantity of the 

hazardous material, including an indication of the applicable unit of measurement. 

5 
(i) Section 172.203(f) in that Respondent offered hazardous material for 

transportation by air without including in the shipping papers a statement indicating that 

the shipment is within the limitations prescribed for either passenger and cargo aircraft 

or cargo aircraft only. 

G) Section 172.204(a) or (c)(l) in that Respondent offered hazardous 

material for transportation without printing the proper certification on the shipping 

papers as required by these sections. 

(k) Section 172.204(c)(2) in that Respondent offered hazardous material 

to an aircraft operator for transportation by air and did not provide two copies of the 

required shipper's certification. · 

(1) Section 172.204(c)(3) in that Respondent offered hazardous material 

for transportation by air without adding to the certification required by§ 172.204(a) or 

( c )(1) the following statement: 

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

6 
(m) Sections 172.300 and 172.301(a) in that Respondent offered 

hazardous material for transportation when the package was not marked with the proper 

shipping names and identification numbers for its contents. 

(n) Section 172.400(a) in that Respondent offered a package containing 

hazardous material for transportation when the package was not properly labeled as 

specified in § 172.1 01 and subpart E of part 172 of the HMR. 

(o) Section 172.604(a) in that Respondent offered a shipment containing 

hazardous material for transportation and failed to provide an emergency response 

telephone number, including the area code or international access code, for use in the 

event of an emergency involving the hazardous material. 

(p) Section 1 73.2 7 (b)( 1) in that Respondent offered for transportation by 

air a hazardous material, listed in Column 9a of the § 172.101 table, which is 

specifically forbidden aboard passenger-carrying aircraft. 

IV. 

I. Under 49 U.S.C. § 5123(a), Respondent is liable for a civil penalty of not less than $250 

($450 for training violations), nor greater than $50,000 (or $100,000 for violations resulting 

in death, serious illness, or severe injury to any person, or substantial destruction of 

property), for each violation of the regulations. 

7 
2. Under the facts and circumstances ofthis case, a civil penalty of$12,000 is appropriate. 

WHEREFORE, the Federal Aviation Administration, by counsel, respectfully requests 

that the administrative law judge ent('r an order that Respondent be assessed a civil penalty in the 

amount of$12,000. 

llt:i 

RESPECTFULLY SUBMITTED this I U day of September 2012. 

8 

HOWARD L. MARTIN, JR. 

Regional Counsel 
CERTIFICATE OF SERVICE 

Re: John Croft 

Case No. 2011NM730130 

FDMS Docket No. To Be Assigned 

I hereby certifY that on this date I served a copy of the FAA's Complaint and a copy of the 

foregoing letter by placing them in the United States Mail, postage-prepaid, certified mail, return 

receipt requested, addressed as follows: 

Mr. John Croft 

134 Lincoln Street 

Sitka, AK 99835 

I further certifY that on this. date I have served the original of the foregoing letter and the original 

and one copy of the FAA's Complaint by postage-prepaid, certified mail, return receipt 

requested, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

Office of the Regional Counsel 

222 West 7th A venue # 14 

Anchorage, Alaska 99513-7587 

9 

~ LC? ..:201 :Z 

Date