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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,-2- 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

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

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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

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# ;r**~ ~.**  b. Section 172.200(a), which states that no person may

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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);

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# ~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 

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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.

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# 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.

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

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# i/!:;::(1~**~ ~** **~~C& crr~rfo~** **~~~**-5- WHEREFORE, the Complainant, respectfully requests that the Administrative Law

DATED: August 7, 2013. 

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