In the Matter of: 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

ECE\VE 

JUN 0 9 2014 

HEAR\NG DOCKET 

FAA Docket No. 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 of the Rules of Practice (14 C.F.R. § 13.208), and states as follows: 

I. 

On March 28, 2014, Respondent was advised through a Notice of Proposed Civil Penalty 

that the FAA proposed to assess a civil penalty in the amount of $1,000. On May 12, 2014, a 

Final Notice ofProposed Civil Penalty in the 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 in the above shipment were two 8.11-ounce and one 3.53-ounce canisters of 

Jetboil Jetpower Isobutane/Propane fuel mix and two aerosol canisters of bear deterrent, one 

manufactured by Counter Assault, and the other by UDAP. 

5. Each of the above canisters of Jetboil Jetpower Isobutane/Propane fuel mix is classified as 

a hazardous material under § 172.101 of the United States Department of Transportation 

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 of the§ 172.101 

table provides that it is forbidden on passenger aircraft. 

6. Each of the above canisters of bear 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. At the time Respondent offered the above shipment, Respondent did not provide to Alaska 

Airlines a Shipper's Declaration for Dangerous Goods. 

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8. At the time Respondent offered the above shipment, the shipping paper did not include an 

emergency response telephone number as prescribed in subpart G of part 172 of the HMR. 

9. At the time Respondent offered the above-described shipment of hazardous materials, 

there was no shipping description of the hazardous material on the shipping paper that 

included the identification number prescribed for the material as shown in Column (4) of the 

§ 172.101 table, the proper shipping name prescribed for the material in Column (2) of the 

§ 172.101 table, the hazard class or division number prescribed for the material as shown in 

Column (3) of the§ 172.101 table, or the total net mass per package. 

10. At the 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 either passenger and cargo aircraft or cargo aircraft only. 

11. At the time Respondent offered the above shipment, the shipping paper did not include 

the certification contained in§ 172.204(a)(l) of the HMR, the declaration contained in 

§ 172.204(a)(2) ofthe HMR, the certification contained in§ 172.204(c)(1) of the HMR, or 

the additional statement specified in§ 172.204(c)(3) of the HMR. 

12. At the time Respondent offered the above shipment, Respondent did not provide Alaska 

Airlines with two (2) copies of the certification required by§ 172.204 of the HMR. 

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13. At the 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 of its contents. 

14. At the 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 of the shipment, or on a label, tag, or sign. 

15. At the time Respondent offered the above-described hazardous material for 

transportation, no "Flammable gas" label was printed on or affixed to the surface of the 

package containing it. 

16. At the time Respondent offered the above shipment, no emergency response information 

conforming to subpart G of part 172 of the 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 of transportation, for use by anyone who responds to 

an incident involving a hazardous material. 

III. 

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

Department of Transportation Hazardous Materials Regulations: 

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(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 of the HMR, or an exemption, special 

permit, approval, or registration issued under the HMR, or Subchapter A of Chapter 1 

of Title 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 of part 172 of the 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 of part 172 of the HMR. 

(d) Section 172.202(a) in that Respondent offered hazardous material for 

transportation by aircraft when the shipping description of the hazardous material on the 

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) of the § 172.101 table, the hazard class or division number 

prescribed for the material as shown in Column (3) of the§ 172.101 table, or the total 

net mass per package. 

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(e) Section 172.203(±) in that 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) in that Respondent offered hazardous material for 

transportation when the 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) of the HMR. 

(g) 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 of the 

required shipper's certification. 

(h) Section 172.204( c )(3) in that Respondent offered a hazardous material 

for transportation by air without including in the certification required by § 172.204 of 

the HMR the following statement: "I declare that all of the applicable air transportation 

requirements have been met." 

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(i) Section 172.300(a) in that Respondent offered hazardous material for 

transportation when the package containing it was not marked in the manner required 

by subpart D of part 172 of the HMR. 

G) Section 172.301(a) in that Respondent offered for transportation a 

hazardous material in a non-bulk package when the 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 in the § 172.101 table. 

(k) Section 172.400(a) in that Respondent offered a hazardous material 

for transportation in a non-bulk package when the shipment was not labeled with the 

label specified for the material in the § 172.101 table and in subpart E of part 172 of the 

HMR. 

(1) Section 172.600( c) in that Respondent offered hazardous material for 

transportation when the emergency response information required by subpart G of part 

172 of the 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 

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telephone number, including the area code or international access code, for use in the 

event of an 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 of the§ 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 of up to $75,000 

for each violation of the regulations. For violations resulting in death, serious illness, or 

severe injury to any person, or substantial destruction of property, the maximum civil 

penalty is $175,000 for each violation. 

2. Under the facts and circumstances of this case, a civil penalty of $1,000 is appropriate. 

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WHEREFORE, the Federal Aviation Administration, by counsel, respectfully requests 

that the administrative law judge enter an order that Respondent be assessed a civil penalty in the 

amount of $1,000. 

RESPECTFULLY SUBMITTED this day of June 2014. ---

HOWARD L. MARTIN, JR. 

Regional Counsel 

By: 

Senior Attorney 

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CERTIFICATE OF SERVICE 

Re: Christine Cloud 

Case Nos. 2013NM730043 

FAA Docket No. To Be Assigned 

I hereby certify that on this date I served a copy of the FAA's Complaint and a copy of the 

foregoing letter by placing 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 of the foregoing letter and the original 

and one copy of the 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 2W1 000 

Office of the Regional Counsel 

222 West 7th A venue # 14 

Anchorage, Alaska 99513-7587 

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