- 05/09/2014 07:23 

# • 4252271007 ANM7 PAGE 02/04

1 Kyle 

### E. Lomazow 2 FAA Office ofRegional Counsel 3 160l Lind 

### Ave., SW 

# RECEIVED

4 Renton, Washington 98057 s Telephone: 425/227-1847 6 Facsimile: 425/227-1007 7 

## JUN 09 2014 

## HEARING DOCKET
B 9**~a** ll 12 13 l4 15 

### u In the Matter of 17 

### UNITED STATES OF AMERICA 

### FEDERAL AVIATION ADMJNISTRATION OFFICE OF HEARJNGS

FAA 

### DOCKET NUMBER 2012NM710034 

### 1s 

### GLOBAL**Al~S** 

### AND AMMUNITION 19 RESPONSE TO BRIEF OF APPELLANT 20 

### n 22 23 24 25 

### <6 

### INTROJJUCTION 27 2B On June 3, 2014, Complainant received Responde;nt's brief, inwhich Respondent argues 29 that Complainant failed to properly serve Respondent. For the reasons stated belowthis argument is :J o whbout merit. 31 32 33 34 35 36 37 :lB 39 40 u 42 43 44 j,5 46 47 1S 49 50 51 

### ARGUMENT Respondent admits in the first paragraph that the Notice1 was properly addressed to

### Gl~bal Arms, butthat it 

### was givento a !Ylr. Allion Brewer who is not an e1nployee ofGlobal Anns.
Itis not Complainant's responsibility to ensure that actual employees ofa company are there to receive documents thathave beenproperly addressed to that company. Respondent offers no explanation as to why someone who does D.Ot work for Respondent is receiving mail onbehalf ofthe Respondent atthe Respondent's business address and nor should it matter. Moreover, the 

### fust time 

### that RespCAUdent alerted Complainantthat "service was notproper," 

### was in an emait2 dated May 23, 2014. A follow-up email from the same individual stated that the person who received service ''is not an emp)oyee, but a friend and he has his own small business selling spices." What was not explained is whythis**pe~son's** business is ope:ating from the same address as Global Arms. Respondent also does not indicate what date this friend actually handed the Final Notice to Respondent and why there was a delay considering this individual supposedly works inthe very sam.e building.

52 l Respondent refers to a 1'Notice of Proposed civil Pepa..lty,rr but Complaina:o.t 53 aseumes RS:spondent meant to reference t.he '\E''inal Notice of Proposed Civil Penalty."

::! Sent by Vincent Williams who identified himself as the son of tb.e Presid.ent**c~** the Company, Davia carl**~lilliams.** 105/09/2014 07:23**4~52271007** ANM7

l 2 That is o,either here northere though. The only relevant inquiryhere is whether the Final 3**Notic~** was 

### infact properly addressed andRespondent bas already conceded that itwas. 4 5 6 

### CONCLUSION PAGE 03/04

7 Complainant properly served the Final Notice ofProposed Civil Penalty on Respondent on s March 14,2014 and Respondenthad unti1April3, 20143 to appeaL Respondent failed to do so and 9 therefore Respondent's motion asking for a hearing tobe granted should be denied as the time to 1

### o request a hearing has long si!lce passed. 11 12 13 14 15 16 ).7 16 19 20 21 22 '13 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 60 51 52 53

3 Respondent receives an additional s days of**servi~e** as the Final Notice was mailed per 14 Code of Pederal**R~gulations (C.~.R)**  seceion 13.2ll(e).05/09/2014 07:23 4252271007 ANM7 PAGE 04/04

1 2 3 1 5 6 7 

### s 9 10 ll. 12 13 ).4 15 16 17 18 19 20 21 :22 23 24 25 26 27 28 29 30 31 

### CERTIFICATE OF SERVICE

I hereby certify that the foregoingResponse to Appellaot Briefhas been. served via facsimile and Certified 

### Mail- Return Receipt Requested this date, to the following:



### Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 Federal Aviai"ion Administration 800 Independence Avenue SW Washington, D.C. 20591 FAX: (202) 493-5142
I hereby certify that the foregoing Response to Appellant Briefhas been served Certified MailReturn Receipt Requested this date, to the following:

GlobalArms and Ammunition David Carl Williams, President 28-37th StreetN.E., Suite A Auburn, Washington 98002 

### TEL: (206) 325-9400

32 

### Dated this 9'\ day of

### June, 2014. 33 34 35 36 37 36 39 40 41**~2** 43 44 45 46 47 49**4~** 

### so 51 52 53 ANA STEPHENSON Office ofRegional Counsel (ANM-7) Federal Aviation Administration 

### 1601 Lind

### Ave. SW Ren.ton, WA 98057 (425) 227-2164

3