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of Transportation . ^ *" Kansas Citj', MO 64106-2641 

Federal Aviation NOV 2 iJ 2011 

Administration 

In Reply Refer To: ACE-7 

HEARING DOCKET 

Area Code: (816)329-3764 

CERTIFIED - RETURN RECEIPT REQUESTED 

Cert. No. 7008 1300 0000 4603 5290 

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November 21, 2011 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430, Wilbur Wright Building, Room 2W1000 

. Re: In the Matter of Kelly McDowell /fQn\ S 6^^ ~ \Q.^ ^ 

Case No. 2011CE700044 /,^t5? - piVJOp -C(P'C'25 ^ 

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

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in Kansas City, Missouri, and expects 

that the hearing will last one day. 

Please address all communications for the FAA to , Federal Aviation Administration, Central 

Region, ACE-7, Room 506, DOT Building, 901 Locust, Kansas City, MO 64106-2641. 

Sincerely, 

A. Lester Haizlip 

Regional Counsel 

By:^^ /^",. 

Mar'y'Ellen Loftus 

Directorate Counsel 

Enclosures 
Wednesday, November 16, 2011 

To whom it may concern. 

I, Kelly McDowell, mistakenly packed sparklers in my suitcase during a business trip to Springfield, MO. 

had missed my son's birthday due to my work and purchased many items for his birthday while in 

Branson, MO. I never thought about sparklers being considered fireworks and was very surprised. 1 

apologize sincerely for all of the trouble this has caused and can assure you I will never make this 

mista/ce again. | fip ffCfVU:^-^ *^ An^' W ^r^ HJ S A?fc*^<'/ ^ 

Kelfy McDowell • ^ 

CO 
U.S. DEPARTMENT OF 

FEDEI^L AVIATION 

In the Matter of; 

Kelly McDowell 

TRANSPORTATiqN'^ tZni^lX / i T f^ 

ADMINISTRATION'^^ w - '•^-.•' ^-'•i ^ 'LZL.J 

nOV 2 9 2011 

FAToocketNo. HEARiNG DOCKET 

FAA Case No. 2011CE700044 

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 September 22, 2011, Respondent was advised through a Notice of Proposed Civil 

Penalty and on October 28, 201 \, Respondent was advised through a Final Notice of Proposed 

Civil Penalty, that the FAA proposed to assess a civil penalty in the amount of $500. On 

November 16, 2011, Respondent submitted a written request for a hearing. 

li. 

1. On June 30, 2011 the Respondent offered undeclared hazardous material, sparklers (six 

boxes with six sparklers in each box), to American Eagle Airlines, for transportation by 

air in checked baggage on Flight 2801 from the Springfield-Branson National Airport, 

Springfield, Missouri, to the Dallas-Fort Worth International Airport, a flight on which 

tile Respondent was a passenger. 

2. The fireworks were discovered in the Respondent's baggage at the Springfield-Branson 

National Airport on June 30, 2011. 

3. According to the U.S. Department of Transportation Hazardous Materials Regulations, 

the sprinklers are classified as hazardous material, with a proper shipping name of 
"Flammable solid, inorganic, n.o.s. (Novelties)," hazard class 4.1 (explosive), 

identification Number UN3178 [Title 49 of the Code of Federal Regulations (CFR)]. 

4. The Respondent offered the shipment of hazardous material for shipment by air when: 

the outer packaging was not marked with the proper shippiiTgTiafne"and identification—-

number of the hazardous material, and labeled with the hazard class, prescribed in the 

section 172.101 Hazardous Materials Table; 

there was no Shipper's Declaration of Hazardous Material indicating the proper shipping 

name, hazard class, and identification number assigned to the material in the section 

172.101 Hazardous Materials Table; 

there was no emergency response information accompanying the shipment; and 

the packaging was not authorized for air shipment of hazardous materials. 

IJI. 

5. By reason of the foregoing facts and circumstances, Respondent violated section 

171.2(e) of the U.S. Department of Transportation Regulations (49 CFR), which 

provides 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 in condition for shipment as required or authorized by applicable 

requirements of this subchapter or an exemption or special permit, approval, or 

registration i.ssued under this subchapter or Subchapter A of this chapter. 
IV. 

1. Pursuant to Title 49 U.S.C, Section 5123, Respondent is subject to a civil penalty of not less 

than $250 ($450 for training violations) and not 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 Hazardous Materials Regulations (49CFR Parts 171-180). 

2. Under the facts and circumstances of this case, a civil penalty of $500 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $500. 

Dated this 21 st day of November, 2011. 

Respectfully submitted, 

A. Lester Haizlip 

Regional Counsel 

By; 

Mary Ellen Loftus 

Attorney for Complainant 

Federal Aviation Administration 

901 Locu-st, Room 506 

Kansas City, MO 64106-2641 

(816) 329-3764; Fax (816) 329-3771 

Answer 

Section 13.209(a) of the Rules of Practice in FAA Civil Penalty Proceedings states, "A 

respondent shall file a written answer to the complaint, or may file a written motion pursuant to 

Section 13.20S(d) or Section 13.218(f) (L4) instead of filing an answer, not later than 30 days 

after service of the complaint. 
Section 13.209(f) states, "A person's failure to file an answer without good cause shall be 

deemed an admission of the truth of each allegation contained in the complaint. 
J. Randolph Babbitt, Administrator, Federal Aviation Administration, v. Kelly McDowell, 

FAA Case No. 20nCE700044 

CERTIFICATE OF SERVICE 

1 hereby certify that I have this date placed in the United States mail, certified, return 

receipt requested, a copy of the Administrator's Complaint, addressed to: 

Ms. Kelly McDowell " " 

716 Hall Vale Drive 

Ft. Worth, TX 76108 

Cert No. 7008 1300 0000 4603 5290 

In addition, I hereby certify that I have this date placed in the United States mail, 

certified, return receipt requested, the original and one copy, addressed to; 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430, Wilbur Wright Building, 

Room 2WI000 

Cert No. 7008 1300 0000 4603 5306 

Deborah Hervey V 

Legal Assistant 

Dated this 21st day of November, 2011.