# 0 U.S. Department ofTransportation Federal Aviation Administration 

## SEP 

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## i\NSPOHTATIQN Office ofthe Reg1onal Counf>_**~~ ~r'**  :,. ('_**nr~f·'**

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CERTIFIED 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 Avenue, SW Washington, DC 20591 

# RECEIVED SEP 1

## 72012 ATTN: Hearing Docket Clerk, AGC-430 Wilbur Wright Building--Suit¢ 2W1000 

## HEARING DOCKET
Re: In the Matter ofJohn 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 ofthe 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 ofthis 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 ofFAR 13.16 and Subpart G ofPart 13)**~·** .



### .iltEPLYTO NOTICE OF PROPOSED CIVIL PENALTY <HAZARDOUS MATERIALS) To: 

### Federal Aviation Administration Office ofthe Regional Counsel Federal Aviation Administration 222 West 7th Ave. #14 Anchorage, AK 99513-7587 Subject: .Notice ofProposed Civil Penalty (HM) Case No.: Zo// /U#f 

### 7 3::,::,

### /3o In reply to your Notice ofProposed Civil Penalty, I 

### elect to proceed as indicated by my check markbeside the numbered paragraph(s) below: 1. [ ] 

### Ihereby submit the amount ofthe 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 

### IAM WAIVING MYRIGHT TO 

### AHEARING 

### IFMY OFFER IS ACCEPTED. 2. [ ] Ihave paid the proposed Givil 

### penalty with a credit card over.the Internet atthe following website: http://www.pay.gov. I 

### understand that anorder assessing a civilpenalty will be issued in the amountwithout 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 ofthe regulations did not occur as alleged or that the amount ofthe pem\lty 

### isnot**~arranted** 

### by the circumstances. 

### 4. [ ] I hereby submit information and records showing-that

### I 

### am financially unable to paythe proposed civil penalty orthatpaymentofth,e penalty would prevent me from continuing in business. ·, 5. [ ] 

### Ihetebyrequest that the proposed civil penalty be assessed in

### the amount of $ , 

### and I submit the**~easons** 

### for the reduction ofthe proposed amount. My request constitutes my agreement that ifthis offer 

## iS accepted by the FAA, 

### an OrderAssessing Civil Penalty in

### .the amount I have specified may be issued withoutfurther notice. MY REQUEST

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

HEARING. IFTHE 

## 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 atthe telephone number you providehere: ( )_·
___ _ You will beprovided at least 2 weeks advance notice ofthe date and time ofthis conference.) NOTE: Ifyou choose to discuss this matterinformally by telephone, you should provide any documents or**oth~r**

### informationyou wish to have considered on yourbehalfbefore the**d~te** 

### of the informal conference. ·**~OVER-** 

### ATTACHMENT 1

### b. [ ] Ihereby 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 attorneyto discuss.this matter at • I am requesting an in-personinformal conference at this location because ·· ; · • J, • .

### ------~---··I have also indicated an alternate locationfrom the attached list under item 6b inthe event the FAA

### is unable to grantmy request under this option. 7. 

## &<I Ihereby request ahearing in

### accordance with

### Subpart G ofPai113·ofthe Federal. Aviation Regulations with the understanding that a Complaint will be filed. I request that the hearing be heldin_.S ;V<b,. ·

### A4:..$/cq. .- I am sending this requestboth.to.the F 

## M attorney at the Office

# ofthe 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 thatfuture documents in this c'ase be sent to 

## myrepresentative: Name: Address: Telephone: Email:·



## ·O l :f1 

## Jld

## -~-~- d3S.

## ZWl 

# RECEIVED SEP 062012 

# --REARING DOCKET

### ·REPLYTO NOTICE OF PROPOSED CIVIL PENALTY <HAZARDOUS MATERIALS) To: Federal Aviation Administration Office ofthe Regional Counsel Federal Aviation Administration 222 West 7th Ave. #14 Anchorage, AK 99513-7587 Date: L 

## 7.&t-6 Zo/z.

,, '\ 

# '' Subject:.Notice ofProposed Civil Penalty (HM) In reply to yourNotice ofProposed Civil Penalty, I elect to proceed as indicated by my check markbeside the numbered paragraph(s) below: 1. [ ] Ihereby submit the amount ofthe proposed civil penalty with the understanding thatan order assessing a civil penalty will be issued in that amount without further notice. I UNDERSTAND THAT IAM WAIVING MY RIGHT TO A HEARING IF MY OFFERIS ACCEPTED. 2. [ ] Ihave paid the proposed civilpenalty with a credit card overthe Internet at the following website: http://www.pay.gov. Iunderstand 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<) Ihereby submit evidence and information demonstrating that a violation ofthe regulations did not occur as alleged orthat the amount ofthe penalty is not**~an-anted** 

### by the circumstances. 4
... [ ] Ihereby submit information and records showingthat I am financially unable to pay the proposed civil penalty or thatpa)rm.ent ofth,e penalty wouldprevent me from continuing in business. ·, 5. [ 

## 1Ihereby request that the proposed civil penalty be assessed in

### the amount of $ , 

### and I submitthe reasons for the reduction ofthe proposed amount. My request constitutes my agreementthat

### ifthis offer**~** 

### accepted bythe FAA, an OrderAssessing Civil Penalty inthe amount I have specified may be issued withoutfurther 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. [ ] Ihereby request a telephonic informal conference to discuss this matter with an FAA attorney. (An 

### attorney will call you atthe telephone number you provide here: ( )_·
___ _ You will be provided at least 2 weeks advance notice ofthe date and time ofthis conference.) NOTE: Ifyou choose to discuss this matterinformally by telephone, you shouldprovide any documents or otherinformation 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 ofthe Rules ofPractice (14 C.F.R. § 13.208), and states asfollows:
I. On July 24, 2012, Respondent was advised through a Superseding Notice ofProposed 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, knowinglyoffered a shipment to SeaPort Airlines, Inc. d/b/a Wings ofAlaska (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 ofthree (3) pieces and was shipped under Wings ofAlaska Air Waybill# 6092 2065.3. Upon delivering the shipment to Alaska Airlines in Juneau, one ofthe 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 9A ofthe 

### § 172.101 table provides that "Flares, aerial" are forbidden onpassenger 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 ofhazardous materialsfor transportation by air when the shipping papers did not contain the proper shipping name ofeach hazardous material, the hazard class ofeach hazardous material, the assigned identification number ofeach hazardous material preceded by "UN" or "NA," as applicable, the total quantity by weight or volume ofeach hazardous material covered by the description, and the basic description ofeach hazardous material shown in sequence.

27. 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 ofPart 172 ofthe 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) ofthe HMR on the shipping papers.

9. Respondent offered-the above-described shipment for transportation by air and did not provide two (2) copies ofthe 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 HMRthe following statement:

I declare that all ofthe 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 ofthe contents contained therein.

312. Respondent offered the above-described shipment for transportation by air when the external container was not marked with the proper shipping name andthe assigned identification number ofthe hazardous material contained therein, and without the required markings, in English, and printed on or affixed to the surface ofthe container.



### III. 1. Byreason ofthe foregoing facts and circumstances, Respondent violated the following Department ofTransportation 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 ofthe 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 ofPart 172 ofthe 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 ofPart 172 ofthe 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) ofthe§ 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 ofthe hazardous material, including an indication ofthe applicable unit ofmeasurement. 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 ofthe 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 ofthe 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) inthat Respondent offered a package containing hazardous material for transportation when the package was not properly labeled as specified in § 172.101 and subpart E ofpart 172 ofthe 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 ofan emergency involving the hazardous material.
(p) Section 1 73.27(b)(1) in that Respondent offered for transportation by air a hazardous material, listed in Column 9a ofthe § 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 ofnot 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 anyperson, or substantial destruction of property), for each violation ofthe regulations. 

### 72. 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 lawjudge 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 ofSeptember 2012.

8 HOWARD 

### L. MARTIN, JR. Regional CounselCERTIFICATE OF SERVICE 

### Re: 

### John Croft Case No. 2011NM730130 FDMS DocketNo. To Be Assigned I hereby certifY that on this date I served a copy ofthe FAA's Complaint and a copy ofthe 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 ofthe foregoing letter and the original and one copy ofthe 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 ofthe Regional Counsel 222 West 7th Avenue #14 Anchorage, Alaska 99513-7587



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