08/05/2014 11:20 FAX 3107256816 AWP-7 141002 

PO Box 92007 u.s. Department 

of 'J'ranspor1atlon 

fecjeral Aviation 

Acjmlnlstrolion 

Office of the Regional Co11nssl, 

AWP-7.1 Los Angeles, Ca.ifomia 90009-2007 

(31 0) 725-7108 -elephone 

(310) 725-6816 Facsimile 

Case No. 2013CE700070 

AUG 52014 

CERTIFIED MAIL RETURN RECEIPT REQUESTED AND FIRST CLASS MAIL 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hear:lng Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 000 

Re: In the Matter ofCEBU Pacific Air, Inc.; Case No. 2013CE700070 

Enclosed is a copy of a request for hearing dated July 8, 20)4, received July 24, 2014 and 

the Oligina[ and one copy of the Complaint in the above-referenced proceeding. 

I request that the hearing in tbis matter be held in the Chicago, Illinois area, as the FAA 

witnesses are closer to there, and I expect that the hearing will last one (I) day. 

Please address all communications for the Regional Counsel, Western-Pacific Region, to 

the undersigned, at; Office of the Regional Counsel, A WP-7.1, Federal Aviation 

Administration, Western-Pacific Region, P.O. Box 92007, Los Angeles, CA 90009-2007, 

Telephone: (310) 725~7108, FAX: (310) 725-6816. 

Sincerely, 

Naomi Tsuda 

Regional Counsel 

Enclosures: Request for Hearing, Complaint, Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTJCE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT 

LATER THAN 30 DAYS AFTER SERVICE.OF THJS COMPLAINT. AS AN 

ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT 

TO SECTION 13.208(D) OR SECTION 13218 (F) (l-4) OF THE RULES OF PRACTICE. 

~c: AC~740j ACE-007 
08/05/2014 11:21 FAX 3107256816 AWP-7 141003 

Date __ a_Ju_ly_2_o_'4-----'---- Case No. 2013CE700070 .. ' .. I 

CEBU Pacific Air, Inc. 

REPLY FORM FOR NOTICE OF PROPOSED CIVIL PENALTY 

HAZARDOUS MATERIALS ' 

Regional Counsel, Central Region 

Federal Aviation Administration, ACE-7 

901 Locust, Room 506 

KansasCity,MO 64!06-2641 

Subject: ,Notke of Proposed Civil Penal!£ 

In reply to your Notice of Proposed Civil Penalty, I elect to proceed as indicated by rr:y check 

mark beside the numbered paragraph(s) below; 

1. D 

2. D 

. 1. 0 

4. D 

·;. D 

I hereby submit the amount of the proposed civil penalty with the undtcntanding 

that an Order Assessing Civil Penalty will be issued in that amount without 

further notice and that I waive my right to a hearing. 

0 Check or money order enclosed 

I have paid the proposed civil penalty with a credit card over the Internet at the 

following website: https://www.pay.gov. I understand that an Order Assessing 

Civil Penalty will be issued. in the amount without further notice. I also 

understand that I am waiving my right to a hearing . 

I hereby submit evidence and information demonstrating that a violation of the 

regulations did not occur as alleged or that the amount of the penalty is. not 

warranted by the circumstances. 

J hereby submit information and records showing that I Jm financially unable to 

pay the proposed civil penalty, or that payment of the penalty would prevent me 

from continuing in business. 

I hereby request that a civil penalty be assessed in the amount of$ ___ ~ and l 

submit the reasons for the reduction of the proposed amount My request 

constitutes my agreement that if this offer is accepted by the FAA, an Order 

Assessing Civil Penalty in that amount may be issued without further notice and i 

waive my right to a hearing. 

CE Form2I50-I7-l (2/09) 
08/05/2014 11:21 FAX 3107256816 AWP-7 141004 

6_ D l hereby request an informal conference with an FAA attorney in order to discuss 

this matter and to present evidence and information in my behalf 

0 

0 

D 

0 

Informal to be conducted in Kansas City, Missouri 

Informal to be held by telephone 

I reside outside the states Df Iowa, Kansas, Missouri, or Nebraska and 

request the infDrmal be held at the Regional Office in 

Informal to be conducted at the Flight Standards District Office (FSDO) in 

7. l hereby request a hearing in accordance with Subpart G DfPart 13 of the 

Federal Aviation Regulations with the understanding that a Complaint will 

8. 

be filed. I request that the hearing be held in Western Paciiic Region 

l am sending this request both to the FAA attorney and to the Hearing 

Docket, Federal Aviation Administration, 800 Independence Avenue, 

SW., Washington, DC 20591; Attn: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building"-Suite 2Wl OQQ_ 

I hereby authorize the Federal Aviation Administration to release any informati.on 

concerning this matter to my attomeyfrepresentarive identified below. In 

addition, I request that future documents in this case be sent to my 

attorney/representative: 

Respondent In~: 

Signature: ___ ---cD---+------

Name: LANCEY GOKONG El 

Attorney/Representative Information: 

Name: RicK FELLER 

President 

Address; U-F'RoiGHT AMERICA. INC. 

320 Corey Way President/Chief E!.xecutive Officer 

Address: CEBU AIR, INC. (CEBu PACI~Io) 

6ell':le Aidine epeiatlrnrs Ce1 1ba:1 

Domestic Ro~d. Pa:say City, F'hilfppiMs 1.301 

Telephone: Home-----:-===;,;;-----

Work _____:::::~<-115.._o226 

Cc; by Certified Mal! 

CAR~YTE~ASAKI 

Deputy Regional counsel 

OFFICE OF THE REGIONAL COUNSEL 

P.O. Box 9:2007. Los.An~el~~. CA 90009~2007, (310) 725-

FEDERAL AVIATION ADMINISTRATION 

800 lndopendenec Avenue, SW. Washington. DC 20591 

South San Francisco CAS406(J 

Telephone: m 650 58? §52T 

{Attention: Hearing Doc.ket Clark, AGC--430, WllbUI"Wrl~ht Building-Room 2W1000) 
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JUL n 1'411 

CEBU PACIFIC 

Airline Operations Center 

1Jonw$ffe Road, 1301 P~sey City. · · .· PhmJ)Pines 

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CAREY TERASAKI 

Deputy Regional Counsel '7 

OFFICE OF THE REGIONAL COUNSEL 

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08/05/2014 11:21 FAX 3107256816 AWP-7 

U.S. DEPARTMENT OF TRANSPORTATlON 

FEDERAL A VIATlON ADMINISTTRATION 

141006 

2 

In the Matter of: 

) 

) 

) 

) 

) 

) 

) 

) 

FAA DOCKET (NOT ASSIGNED) dO \~- 0 ~ I ~ 

FAA CASE NO. 2013CE700070 

CEBU AIR INC., d/b/a 

Cebu Paclfie Air, Inc. 

Respctndent. 

ruDGE NOT ASSIGNED 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules of Practice 

(14 C.F.R. § 13.208), and states as follows: 

I. 

Respondent, Cebu Pacific Air. Inc., was advised through a Final Notice of Proposed 

Civil Penalty that the F M proposed to assess a civil penalty in the amount of $65,000.00. 

On July 8, 2014, Respondent submitted a written request for a hearing. The request fur 

hearing was received by the Office of the Regional Counsel, Western-Pacific Region on July 

24,2014. 

n. 

1. On or about September 19, 2013, Respondent offered a shipment consisting of 

one package containing undeclared hazardous material to China. Airlines Cargo 

("UPS") on Air Waybill297-83247146, for transportation by air from Manila, 

Philippines to Chicago, lllinois, USA. 
08/05/2014 11:21 FAX 3107256816 AIVP-7 li!l 007 

3 

2. After its arrival in Chicago, IDinois, the package of undeclared hazardous material 

referenced in paragraph I above, was then offered to Federal Express, for priority 

overnight delivery, for transportation by air from Chicago, lllinois to Lenexa, 

Kansas. 

3. The referenced package offered by Respondent was housed in a fiberboard box, 

without any labels or markings on the exterior of the box to indicate that the 

contents contained hazardous materials. 

4. 1be package referenced in paragraph 3 above, contained one Protective Breathing 

Equipment ("PBE") unit that housed a charged oxygen cylinder. 

5. Pursuant to the U.S. Department ofTrllll5portation Hazm:dous Materials 

Regulations, the oxygen that was shipped is classified as a hazm:dous material, 

with a proper shipping nan1e of "Oxygen Generator, Chemical", Hazard Class 5.1 

("OXIDIZER"), Packing Group II, identification number UN3356 [Title 49 of the 

Code of Federal Regulations (CFR), Parts 171-180]. 

6. Respondent offered the shipment ofha7ardous material for shipment by air when: 

a) the outer packaging was not marked with the proper shipping name and 

identification number of the hazm:dous material prescribed in the section 

172.101 Hazardous Materials Table; 
08/05/2014 11:21 FAX 3107256816 AWP-7 

b) the outer packaging was not labeled with a "OXIDIZER" label ]m!SCribed 

in the section 172.1 OJ Hazardous Materials Table; 

c) there was no Shipper's Declaration ofHazardous Material indicating the 

proper shipping names, hazard classes, identification numbers and packing 

groups assigned to the materials in the section 172.101 Hazardous 

Materials Table; 

d) there was no emergency response information (telephone number) 

accompanying the shipment; 

e) there was no statement on the shipping paper(s) that the shipment was 

within the limitations prescribed for either passenger and cargo aircraft or 

cargo aircraft; · 

f) the shipper of the packages was not the holder of nor a party to tbe 

exemption or special permit required by the package contents; and 

g) the shipment of the PBE bad not been placed in rigid outer packaging that 

conformed to the requirements of either section 178, .!!Ubparts L and M of 

this subchapter at tbe Packing Group I or II performance level and 

therefore was not authorized for transportation by air. 

IillO OS 

4 
08/05/2014 11:21 FAX 3107256816 AWP-7 141009 

5 

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) 171.2( e ), 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 

issued under this subchapter or Subchapter A of this chapter. 

b) 172.200( a), which provides that, except as otherwise provided in this 

subpart, each person who offers a hazardous material for transportation 

shall describe the hazardous material on the shipping paper in the manner 

required by this subpart. 

c) 1 n.202(a), which states in relevant part, that the shipping description of 

a hazardous material on the shipping paper must include: 

(1) The identification number prescribed for the material as 

shown in Column 4 of the section 172.101 table; 

(2) The proper shipping name prescribed for the material in colunm 

2 of the section 172. I 01 table; 

(3) The hazard class or division number presoribed for the 

material, as showninColumn3 ofthesection 172.101 table; 
08/05/2014 11:21 FAX 3107256816 AWP-7 

( 4) The packing group in Roman numerals, as designated for 

the hazardous material in Column 5 of the section 172.101 table; 

(5) For transportation by aircraft, the total net mass per package; and 

(6) The number and type of packages. 

d) l72.203(t), which states in relevant part, that a statement indicating that 

the shipment is within the limitations prescribed for either passenger and 

cargo aircraft or cargo aircraft only must be entered on the shipping paper. 

e) 172.30l(a)(l), which provides in pertinent part that except as 

otherwise provided by this subchapter, eacb person who offers a 

hazardous material for transportation in a non-bulk packaging must 

mark the package with the proper shipping name and identification 

number (preceded by "UN" or "NA" as appropriate) for the 

material as shown in the section172.l01 Table. 

f) 172.400(a}, which provides in pertinent part, that except as specified in 

section 172.400(a), each person who offers for transportation or transports 

a hazardous material in any of the following packages or containment 

devices, sballlabel the package or containment device with labels 

specified for the material in the section 172.! 01 table and in this subpart. 

g) 172.600(c), which provides in pertinent part, that no person to whom this 

subpart applies may offer for transportation, accept for transportation, 

transfer, store, or otherwise handle during transportation a hazardous 

141010 

6 
08/05/2014 11:21 FAX 3107256816 AWP-7 

material unless: (I) emergency response information confonning to this 

subpart is immediately available for use at all times the hazardous material 

is present; and (2) emergency response information including the 

emergency response phone number, required for this subpart is 

immediately available to any person who as a representative of the 

Federal, State or local government agency, responds to an incident 

involving a hazardous material or is conducting an investigation which 

involves a hazardous material. 

h) I 72.604(a), which provides in pertinent part that. a person who offetS a 

hazardous material for transportation must provide an emergency response 

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

use in the event of an emergency involving the hazardous material. 

i) Section 1 73 .l(b ), in that Respondent offered hazardous material for 

transportiltion bY air when the shipment contained hazardous materials had 

not been prepared in accordance with subchapter A of 49 CFR Section 173. 

j) 173 .168( d)(l) which provides in pertinent part, that a chemical oxygen 

genel'3tor and a chemical oxygen generator installed in equipment. (e.g., a 

PBE) must be placed in a rigid outer packaging that conforms to part 178, 

subpart L and M, of this subchapter at the Packing Group I or II 

performance Level; or the performance criteria in Air Transport 

Association (AT A) Specification No. 300 for a Category I Shipping 

Container. 

I4J 011 

7 
08/05/2014 11:22 FAX 3107256816 AWP-7 

III. 

l. In accordance with Section 5123 (a) of Title 49 of the United Sta:tes Code 

(Transpmtation) [(49 t:.S.C. Section 5123 (a)], Respondent is liable for a civil penBlty 

of not less than $250.00 ($450 for training violations), nor greater than $50,000 (or 

$100,000 for violations resulting in death, seri,)uS illness, or severe injury to any person, 

or substantial destmction of property) for each violation of the Department of 

Transportation Hazardous Materials Regulations. 

2. Under the facts and circumstances of this case, a civil penalty of$65,000.00 

is appropriate. 

WHEREFORE, the Complainant, respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of 

$65,000.00. 

Respectfully submitted, 

~.~____..(_ Carey Terasaki 

Deputy Regional Counsel 

Office ofthe Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

DATED: Aug 5 20!4 

141012 

8 
08/05/2014 11:22 FAX 3107256816 AWP-7 

CERTIFICATE OF SERVICE 

1 hereby certify that on this date I have sent by facsimile and placed in the United States 

mail, postage prepaid, certified mail, the executed original and one copy of the 

Complaint, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

WashingtOn, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl 000 

Facsimile (202) 493-5020 

I further certify that on this date I have placed in the United States mail, postage 

prepaid, certified mail or by registered mail where indicated, a true copy of the Complaint, 

addressed as follows: 

LanceY. Gokongwei, President/CEO 

CEBU Air, Inc. (CEBUPACIFIC) 

8006 Airline Operations Center 

Domestic Road, Pasay City Philippines 1301 

Rick Feller, President 

U~Freight America, Inc. 

320 Corey Way 

So11th San Francisco, CA 94080 

Dated: Aug 5 2014 

:Paralegal Specialist 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, Califoroia 

(Registered mail) 

141013 

9 
08/05/2014 11:20 FAX 3107256816 AWP-7 

To: 

8ompany: 

Phone: 

·-ax: 

1crom: 

Title: 

Date: 

Description of 

item being 

transmitted: 

Hearing Docket Clerk, AGC-430 

FAA 

(202) 493-5020 

Carey TerasaKi 

Deputy Regional Counsel, AWP·7.1 

8/5/14 

Complaint in the Matter of CEBU Pacific 

Air Inc., Case No. 2013CE700070 

D PER YOUR REQUEST D FOR REVIEW 

141001 

Federal Aviation 

Administration 

Office of the Regional Counsel, AWP-7.4 

PO Box 92007 

Los Angeles, CA 90009-2007 

Telephone: (310) 725-7108 

Facsimile: (310) 725~816 

Email: Carey. Terasaki@faa.gov 

Facsimile 

Number of pages faxed including this 

cover letter e 

D PLEASE COMMENT 

D FOR COORDINATION X A HARD COPY TO FOLLOW VIA US MAIL 

NOTES/COMMENTS: 

THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS INTENDED 

FOR THE USE OF THE DESIGNATED ADDRESSEE ONLY. THE INFORMATION 

TRANSMITTED MAY BE SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE OR 

MAY BE PROTECTED UNDER THE PRIVACY ACT. IF YOU ARE NOT THE 

DESIGNATED ADDRESSEE AND YOU RECEIVE THIS DOCUMENT THROUGH 

lr-.IADVERTENT ERROR, ANY FURTHER REVIEW, DISSEMINATION, 

DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY 

PROHIBITED. IF YOU RECEIVE THIS COMMUNICATION IN ERROR, PLEASE 

~'0TIFY THE SENDER IMMEDIATELY BY TELEPHONING (310) 725-71' DO AND 

DESTROY THE ORIGINAL OF THIS COMMUNICATION. THANK YOU. 

0 U.s. Derartrnant of ·r,anapomnlon