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In the Matter of: 

Thomas Bray 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

·FAA DOCKET 

REf;FI\/ED 

AUG 2 6 2013 

HEARlNG DOCKET 

FAA CASE NO. 2013WP700039 (_.:: ... 

Respondent ,,., .• ~ .. .J. 

JUDGE NOT ASSIGNED 0 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 

C.P.R. 13.208),-and states as follows: 

Respondent, Mr. Thomas Bray, was advised through a Notice of Proposed Civil Penalty 

dated June 7,1013, and through a Final Notice of Proposed Civil Penalty dated July 25, 2013, · 

that the FAA proposed to assess a civil penalty in the amount of$1,000.00. On July 28, 2013, 

Respondent submitted a written request for a hearing. 

n. 

1. On or about February 11, 2013, Respondent offered hazardous materials in checked 

baggage to Spirit Airlines, for transportation from Phoenix-Mesa Gateway Airport, Mesa, 
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2. The hazardous materials were thirteen (13) four (4) ounce plastic bottles of Potassium 

hydroxide, solid, at total approximate weight of3.25 pounds and two (2) unlabeled 

Materials Table in Title 49 of the Code of Federal Regulations (49 C.F.R.), Section 

172.101. It is "Potassjum hydroxid~ solid," Hazard Class 8, UN1813, Packing Group IT. 

· . F--l/~ roftu4A~ #y~x/~, 

4. Respondent offered his baggage for air transportation in commerce when it was not . . 

properly classed, described, packaged, marked, labeled, and/or in condition for 

transportation as required or authorized by applicable requirements in Subchapter C of 

Chapter I of 49 C.F.R., or an exemption or special permit, approval, or registration issued 

under Subchapter C or Subchapter A of Chapter I. To wit: 

a. The hazardous material was not declarOO~ ~ .r.,..HNIA:.,(VI 

. ad~ J1;l (CJ"Vf..A.-~1 b. Respondent's baggage was not properly markedr· 

c. Respondent's bagg~ not properly labeled. 

5. Respondent offered his baggage for transportation in commerce without providing the 

required emergency response information immediately available for use at all times. 

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III. 

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

Department of Transportation Hazardous Material Regulations (Title 49, Part 171 et seq., Code 

of Federal Regulations): 

a. Section 171.2( e), which states that no person may offer or accept a hazardous 

material for transportation in commerce unless the hazardous material is properly 

classed, described, packaged, marked, labeled, and iri condition for shipment as 

required or authorized by applicable requirements of this subchapter or an exemption 

or special permit, approval, or registration issued under this subchapter or subchapter 

~cha~~ft ~t:J::zi~ ~:n ;,. ~b,·p. fJ1HQ ~ ;r ~ ~. b. Section 172.200(a), which states that no person may offer{az~dous material f;r ~ 

transportation unless the material is prop~ described on the shipping papers; 

~~ d-J~ -,- ~~. 

c. Section 172.300(a), which states that each person who offers hazardo-qs material for 

transportation shall mark each package containing the hazardous material in the 

manner required by.HMR subJllll: D (Marking); ~ th<t l)tM.-R ~ :;-<:. tl~ 1 ~cfi'"'-z- -._/) ~ .;- ·~~ 

~trJrtJk~~~·~- d. Section 172.400(a), which generally states that each person wlio offers hazardous 

material for transportation shall label the package or containment device with labels 

specified for the material in section 172.101 ( 49 C.F .R. § 172.101) and as required by 

. HMRsubpartE;and H <>-i-T._._;(- ~--(Le ,jf~ 

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e. Section 172.600(c), which states that no person to whom this subpart applies may 

offer for transportation, accept for transportation, transfer, store or otherwise handle 

during transportation a hazardous material unless emergency response information 

conforming to this subpart is immediately available for use at all times the hazardous 

material is present; and emergency response information, including the emergency 

response telephone number, required by this subpart is immediately available to any 

person who, as a representative of a Federal, State or local government agency, 

responds to an incident involving a hazardous material, or is conducting an 

inv:"tigation which in~olves a hazardous material. ~ 1 ~ 

~~~. 

IV. 

1. In accordance with Section 5123 (a) of Title 49 of the United States Code 

(Transportation) [(49 U.S.C. Section 5123 (a)], Respondent is liable for a civil penalty 

of not less than $250.00 ($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 viol_ati~ofthe Department of 

. d M "al R 1. ~·' ~VvV~f~ fod.l JL TransportatiOn Hazar ous aten s egu atwns. _f ~ 1 I 

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2. Under the facts and circumstances ofthis case, a civil penalty of $1,000.00 is ~ 

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appropriate . ..../- £av:f aR-<.~ ~OlJ(J ~~.-k<- ~ · 

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~ ~ ~ <'f..C jG erd~ at~ ~ ~ ~ . cJ{_~o(J);..~fo'l,d~_ 

~ $o;c.Chr ~~_ec/J-~/1'"'~ ~ 

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WHEREFORE, the Complainant, respectfully requests that the Administrative Law 

DATED: August 7, 2013 
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