In the Matter of: U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 

# ECE\VE JUN 09 2014 

## HEAR\NG DOCKET

FAA DocketNo. Unassigned 

## dQ l

# L\..**O~al** Christine Cloud 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 as follows: I. On March 28, 2014, Respondent was advised through a Notice ofProposed Civil Penalty that the FAAproposed to assess a civil penalty inthe amount of$1,000. On May 12, 2014, a Final Notice ofProposed Civil Penalty inthe amount of$1,000 was issued. On May 26, 2014, Respondent submitted a written request for a hearing. 

### II. 1. On or about February 20, 2013, Respondent knowingly offered to Alaska Airlines a 16-piece, non-bulk shipment for transportation by air in passenger aircraft from Anchorage, Alaska, to Seattle, Washington. 2. The above shipment was assigned Air Waybill No. 027-8464-8981.3. At the time Respondent offered the above shipment to Alaska Airlines, Respondent declared that the shipment consisted of"Household goods," and that it did not contain dangerous goods. 4. Included inthe above shipment were two 8.11-ounce and one 3.53-ounce canisters of Jetboil Jetpower Isobutane/Propane fuel mix and two aerosol canisters ofbear deterrent, one manufactured by Counter Assault, and the other by UDAP. 5. Each ofthe above canisters ofJetboil Jetpower Isobutane/Propane fuel mix is classified as a hazardous material under § 172.101 ofthe United States Department ofTransportation Hazardous Materials Regulations (HMR), 49 C.F.R. Chapter I, Subchapter C (Parts 171-80). Its proper shipping name is "Petroleum gases, liquefied." It is in hazard class 2.1 (Flammable gas), and has an assigned identification number ofUN1075. Column 9A ofthe§ 172.101 table provides that it is forbidden on passenger aircraft.
6. Each ofthe above canisters ofbear deterrent is classified as a hazardous material under the HMR. Its proper shipping name is "Aerosols, flammable." It is in hazard class 2.1 (Flammable gas), and has an assigned identification number ofUN1950.
7. Atthe time Respondent offered the above shipment, Respondent did not provide to Alaska Airlines a Shipper's Declaration for Dangerous Goods.
28. At the time Respondent offered the above shipment, the shipping paper did not include an emergency response telephone number as prescribed in subpart G ofpart 172 ofthe HMR. 9. At the time Respondent offered the above-described shipment ofhazardous materials, there was no shipping description ofthe hazardous material on the shipping paper that included the identification number prescribed for the material as shown in Column (4) ofthe § 172.101 table, the proper shipping name prescribed for the material in Column (2) ofthe § 172.101 table, the hazard class or division number prescribed for the material as shown in Column (3) ofthe§ 172.101 table, or the total net mass per package. 10. Atthe time Respondent offered the above shipment, the description in the shipping paper did not include a statement indicating that the shipment is within the limitations prescribed for eitherpassenger and cargo aircraft or cargo aircraft only. 11. Atthe time Respondent offered the above shipment, the shipping paper did not include the certification contained in§ 172.204(a)(l) ofthe HMR, the declaration contained in § 172.204(a)(2) ofthe HMR, the certification contained in§ 172.204(c)(1) ofthe HMR, or the additional statement specified in§ 172.204(c)(3) ofthe HMR. 12. At the time Respondent offered the above shipment, Respondent did notprovide Alaska Airlines with two (2) copies ofthe certification required by§ 172.204 ofthe HMR.
313. Atthe time Respondent offered the above-described hazardous material for transportation, the shipment was not marked or labeled in any manner that indicated the hazardous nature ofits contents. 14. Atthe time Respondent offered the above shipment, the proper shipping name and the assigned identification number for the hazardous materials contained in it were not printed on or affixed to the surface ofthe shipment, or on a label, tag, or sign. 15. Atthe time Respondent offered the above-described hazardous material for transportation, no "Flammable gas" label was printed on or affixed to the surface ofthe package containing it. 16. At the time Respondent offered the above shipment, no emergency response information conforming to subpart G ofpart 172 ofthe HMR, including the emergency response telephone number, was immediately available at all times the hazardous material was present during transportation, and at facilities where hazardous materials are loaded for transportation or otherwise handled during any phase oftransportation, for use by anyone who responds to an incident involving a hazardous material. 

### III. 1. By reason ofthe foregoing facts and circumstances, Respondent violated the following Department ofTransportation Hazardous Materials Regulations: 4(a) Section 171.2(e) in that Respondent offered hazardous material for transportation in commerce within the United States when each material was not properly classed, described, package, marked, labeled, and in condition for shipment as required or authorized by applicable requirements ofthe HMR, or an exemption, special permit, approval, or registration issued under the HMR, or Subchapter A ofChapter 1 ofTitle 49, Code ofFederal Regulations. (b) Section 172.200(a) in that Respondent offered a hazardous material for transportation without describing the hazardous material on the shipping paper in the manner required by subpart C ofpart 172 ofthe HMR. (c) Section 172.201(d) in that Respondent offered hazardous material for transportation when the shipping paper did not contain any emergency response telephone number as prescribed in subpart G ofpart 172 ofthe HMR. (d) Section 172.202(a) in that Respondent offered hazardous material for transportation by aircraft when the shipping description ofthe hazardous material onthe shipping paper did not include the identification number prescribed for the material as shown in Column (4) ofthe § 172.101 table, the proper shipping name prescribed for the material in Column (2) ofthe § 172.101 table, the hazard class or division number prescribed for the material as shown in Column (3) ofthe§ 172.101 table, or the total net mass per package. 5(e) Section 172.203(±) inthat Respondent offered hazardous material for transportation by air without including in the shi!)ping paper a statement indicating that the shipment is within the limitations prescribed for either passenger and cargo aircraft or cargo aircraft only. (f) Section 172.204(a) inthat Respondent offered hazardous material for transportation whenthe shipping paper did**r~ot** include the certification contained in § 172.204(a)(1) ofthe HMR, the declaration contained in§ 172.204(a)(2) ofthe HMR, or the certification contained in § 172.204(c)(1) ofthe HMR. (g) Section 172.204( c)(2) inthat Respondent offered hazardous material to an aircraft operator for transportation by air and did notprovide two copies ofthe required shipper's certification. (h) Section 172.204( c)(3) in that Respondent offered a hazardous material for transportation by air without including inthe certification required by § 172.204 of the HMRthe following statement: "I declare that all ofthe applicable air transportation requirements have been met."

6(i) Section 172.300(a) inthat Respondent offered hazardous material for transportation whenthe package containing it was not marked in the manner required by subpart D ofpart 172 ofthe HMR. 

### G) Section 172.301(a) in that Respondent offered for transportation a hazardous material in a non-bulk package whenthe package was not marked with the proper shipping name and identification number (preceded by "UN," "NA," or "ID," as appropriate) for the material as shown inthe § 172.101 table. (k) Section 172.400(a) in that Respondent offered a hazardous material for transportation in a non-bulk package whenthe shipment was not labeled with the label specified for the material in the § 172.101 table and in subpart E ofpart 172 ofthe HMR. (1) Section 172.600(c) in that Respondent offered hazardous material for transportation when the emergency response information required by subpart G ofpart 172 ofthe HMR, including the emergency response telephone number, was not immediately available for use at all times the haz.ardous material was present. (m) Section 172.604(a) in that Respondent offered a shipment containing hazardous material for transportation and failed to provide an emergency response
7telephone number, including the area code or international access code, for use in the event ofan emergency involving the hazardous material. (n) Section 173.27(b)(1) in that Respondent offered material for transportation by air aboard a passenger aircraft when Column 9a ofthe§ 172.101 table indicates the material offered is forbidden in transportation on passenger-carrying aircraft.
IV. 1. Under 49 U.S.C. § 5123 (a)(1), Respondent is liable for a civil penalty ofup to $75,000 for each violation ofthe regulations. For violations resulting in death, serious illness, or severe injury to any person, or substantial destruction ofproperty, the maximum civil penalty is $175,000 for each violation. 2. Under the facts and circumstances ofthis case, a civil penalty of$1,000 is appropriate.

8WHEREFORE, the Federal Aviation Administration, by counsel, respectfully requests that the administrative lawjudge enter an order that Respondent be assessed a civil penalty in the amount of$1,000. RESPECTFULLY SUBMITTED this day ofJune 2014.

--- HOWARD L. MARTIN, JR. Regional Counsel By: Senior Attorney



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9CERTIFICATE OF SERVICE Re: Christine Cloud Case Nos. 2013NM730043 FAA 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 byplacing them in the United States Mail, postage-prepaid, certified mail, return receipt requested, addressed as follows: Christine Cloud 12661 Tanada Circle, Apt. 2 Anchorage, AK 99515 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, and facsimile, addressed as follows: Hearing Docket Federal Aviation Administration 800 Independence Avenue, SW Washington, D.C. 20591 ATTN: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Room 2W1000

Office ofthe Regional Counsel 222 West 7th Avenue 

### # 14 Anchorage, Alaska 99513-7587

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