UNITED STATES OF AMERICA DECEIVED 

DEPARTMENT OF TRANSPORT A TIOl''r' 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 'MAR -5 2012 

HEARING DOCKET 

In the Matter of 

CAROLE M. BEROTTE JOSEPH, Ph.D. 

FAA DOCKET NO. [Not Assigned] 

(Civil Penalty Action) 

FDMS NO. F AA-2011-0292 

Chief Administrative Law Judge 

Ronnie A. Yoder 

Date: March 2, 2012 

HEARING DOCKET FILING IN ACCORDANCE WITH 14 C.F.R. § 13.210(a) 

The Administrator of the Federal Aviation Administration, by and through counsel, 

hereby files the attached Hearing Docket Filing pursuant to 14 CTR, §13.210(a) and 

Chief Administrative Law Judge Yoder's February 27, 2012, Order (see attached) 

dismissing the proceedings with prejudice. 

Respectfully submitted, 

Attorney 

Federal Aviation Administration 

Office ofthe Regional Counsel, ANE-7 

New England Region 

12 New England Executive Park 

Burlington, MA 01803-5299 

Telephone: (781) 238-7046 

Facsimile: (781) 238-7055 
CERTIFICATE OF SERVICE 

I hereby certify that I have sent via Federal Express an original and one (I) copy 

of the Hearing Docket Filing in the matter of CAROLE M. BEROTTE JOSEPH, Ph.D., 

FAA Docket No. [Not Assigened], FDMS NO. FAA-2011-0292, to: 

DONNA SORENSEN 

Program Analyst 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2W1000 

Washint,>ton, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

One Copy 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey Ave, S.E. 

Washington, DC 20590 

Dr. Carole M. Berotte Joseph 

460 West 236th Street, Apt. 7B 

Bronx, NY 10463 

March 2, 2012 

2 
SERVED: FEBRUARY 27, 2012 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICEOFHEARINGS DE· CEIVED WASHINGTON, DC k~, 

IN THE MATTER OF 

MAR ~sa 

'ii&AfttN& DOC.KET 

CAROLE M. BEROTTE JOSEPH, Ph.D. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA-2011-0292 

ORDER OF CHIEF ADMINISTRATIVE LAW JUDGE 

DISMISSING PROCEEDING WITH PREJUDICE 

Complainant states that "the parties have settled the matter on mutually agreeable terms" 

and requests that this matter be dismissed with prejudice. 1 Accordingly, Complainant is deemed 

to have withdrawn the complaint and, pursuant to 14 C.P.R.§ 13.215, this proceeding is 

dismissed with prejudice. 

The FAA shall send the Docket a copy of any compromise order or final order assessing 

civil penalty.2 

SO ORDERED. 

Attachment: Service List 

'---"1>onnie A. Yoder 

Chief Administrative La 

1 Letter from Matthew J. Zappala, Complainant's Counsel, to Michael J. Wolter, Attorney-Advisor, Office of 

Hearings, at 1 (Feb. 15, 2012). 2 Although Complainant's letter encloses an order assessing civil penalty, the accompanying certificate of service 

does not indicate that an original and one copy of the letter and the order were personally delivered or mailed to the 

Hearing Docket. See 14 C.F.R. § 13.210(a). 
U.S. Deportment 

of Transportation 

Federal Aviation 

Administration 

Office of the Chief CounseR E C E I\ ~f!. Qnd Executive Park 

New England Region . -~A 01803 

February 15, 2012 

MA.R - 5 2012 

IHEARJNG DOCKET 

CERTIFIED MAIL-RETURN RECEIPT REQUESTED & FIRST CLASS MAIL 

7009 2820 0001 2289 1364 

Dr. Carole M. Berotte Joseph 

460 West 2361

h Street, Apt. 7B 

Bronx, NY 10463 

Re: Case No. 2011NE700058 

ORDER ASSESSING CIVIL PENALTY 

You were advised through a Final Notice of Proposed Civil Penalty dated March 23, 2011, 

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

After considering all of the evidence in this matter, the Administrator has determined that: 

I. On or about December 23, 2010 you were a ticketed passenger on Delta Airlines 

Flight 1383, a passenger-carrying flight, departing from Logan International Airport 

in Boston, Massachusetts. 

2. On or about December 23,2010, you offered checked baggage for transportation in 

air commerce on Delta Airlines Flight 1383, including bag tag #DL967062. 

3. Before the above-described baggage had been transported via aircraft, Transportation 

Security Administration (TSA) personnel at Logan International Airport initiated an 

inspection of the baggage and observed that it contained one (1) container of 

Hydrogen Peroxide, Food Grade h2o2. The container was approximately 1-liter. 

4. The above-referenced containers of Hydrogen Peroxide (the "shipment") is classified 

as hazardous materials under section 172.101 of the Department of Transportation 

Hazardous Materials Regulations (HMR) (49 C.F.R. Parts 171 et seq.). 

5. The proper shipping name for the container of Hydrogen Peroxide is Hydrogen, 

peroxide, aqueous solutions with not less than 20 percent but not more than 40 

percent hydrogen peroxide. It is in Hazard Class 5.1 (oxidizer), Packing Group II, 

and has an assigned identification number ofUN2014 when offered for 

transportation in air commerce. 

6. At all times mentioned herein, the above-referenced shipment was not accompanied 

by a Shipper's Certification or Declaration for Dangerous Goods. 
7. You offered the above-described shipment of hazardous material for transportation 

by air when the material was not properly classed, described, packaged, marked, 

labeled, or in the proper condition for shipment. 

2 

8. You offered the above-described shipment of hazardous material for transportation 

by air when the shipping papers did not contain the proper shipping name prescribed 

for the hazardous material, the hazard class or division prescribed for the hazardous 

material, the assigned identification number of the hazardous material, and the 

packing group in Roman numerals, as designated for the hazardous material, all 

shown in sequence with no additional information interspersed. 

9. You offered the above-described shipment of hazardous material for transpmiation 

by air without placing the total quantity of the material covered by the hazardous 

materials description on the shipping paper before or after, or both before and after, 

the description. 

10. You offered the above-described shipment of hazardous material to an aircraft 

operator for transportation by air and did not provide two (2) copies of the required 

shipper's certification. 

11. You offered the above-described shipment of hazardous material for transportation 

by air when the package containing the hazardous material was not marked with the 

proper shipping name and identification numbers, preceded by "UN" or "NA" as 

appropriate, of the hazardous material contained therein, and without the required 

markings being durable, in English and printed on or affixed to the surface of the 

package, or on a label, tag or sign 

12. You offered the above-described shipment of hazardous material for transportation 

by air without making emergency response infonnation immediately available for 

use at all times the hazardous material was present. 

13. Based upon the foregoing facts and circumstances, you violated the following 

Department of Transportation Hazardous Materials Regulations (Title 49 of the Code 

of Federal Regulations): 

a. Section l71.2(e) (49 C.F.R. § 171.2(e)), in that you offered hazardous 

material for transportation in commerce when the material was not properly 

classed, described, packaged, marked, labeled, and in the condition for 

shipment required by the HMR (49 C.F.R. parts 171, et seq.). 

b. Section 172.200(a) (49 C.F.R. §§ 172.200(a)), in that you offered hazardous 

material for transportation without properly describing the material on the 

shipping paper. 

c. Section 172.202(a)(l) (49 C.F.R. § 172.202(a)(l)), in that you offered 

hazardous material for transportation when the required hazardous material 
description on the shipping paper did not include the proper identification 

number prescribed for the material in Colunm (4) of the § 172.101 table ( 49 

C.F.R. § 172.101). 

d. Section 172.202(a)(2) (49 C.F.R. § 172.202(a)(2)), in that you offered 

hazardous material for transportation when the required hazardous material 

description on the shipping paper did not include the proper shipping name 

prescribed for the material in Column (2) of the § 172.101 table ( 49 C.F.R. § 

172.101 ). 

e. Section 172.202(a)(3) (49 C.F.R. § 172.202(a)(3)), in that you offered 

hazardous material for transportation when the required hazardous material 

description on the shipping paper did not include the hazard class or division 

number prescribed for the material, as shown in Column (3) of the § 172.101 

table (49 C.F.R. § 172.101). 

f. Section 172.202(a)(4) (49 C.F.R. § 172.202(a)(4)), in that you offered 

hazardous material for transportation when the required hazardous material 

description on the shipping paper did not include the packing group, in 

Roman numerals, as designated for the material in Colunm (5) of the 

§ 172.101 table (49 C.F.R. § 172.101). 

g. Section 172.202(c) (49 C.F.R. § 172.202(c)), in that you offered hazardous 

material for transportation when the total quantity of the material covered by 

the description did not appear before or after, or both before and after, the 

description required by subpart C of the HMR. (49 C.F.R. §§ 172.200 et 

seq.). 

h. Sections 172.204(a) or (c)(!) (49 C.F.R. §§ 172.204(a) or (c)(l )), in that you 

offered hazardous material for transportation without printing the required 

certification on the shipping paper as stated in § 172.204(a)(l) or (a)(2) (49 

C.F.R. § 172.204(a)(1) or (a)(2)). 

3 

1. Section 172.204(c)(2)( 49 C.F.R. § 172.204(c)(2)), in that you offered 

hazardous material to an aircraft operator for transportation by air and did not 

provide two copies of the required shipper's certification. 

J. Sections 172.300(a) and 172.301(a) (49 C.F.R. §§ 172.300(a) and 

172.30l(a)), in that you offered hazardous material for transportation when 

the package was not marked with the proper shipping name and identification 

number for its contents. 

k. Section 172.304(a)(1) (49 C.F.R. § 172.304(a)(l )), in that you offered 

hazardous material for transportation when the required markings were not 

durable, in English and printed on or affixed to the surface of the package or 

on a label, tag or sign. 
4 

1. Section 172.400(a) (49 C.F.R. § 172.400(a)), in that you offered a package 

containing hazardous material for transportation by air when the package was 

not properly labeled as specified in Section 172.101 ( 49 C.F .R. § 172.101 ). 

m. Section 172.600(c)(1) (49 C.F.R. § 172.600(c)(l)), in that you offered a 

package containing hazardous material for transportation by air without 

making emergency response information immediately available for use at all 

tirhes the hazardous material was present. 

n. Section 173.1(b) (49 C.F.R. § 173.l(b )), in that you offered shipments of 

hazardous materials for transportation by air without properly preparing the 

shipment. 

THEREFORE, IT IS ORDERED under 49 U.S.C. §5123 that you are assessed a civil 

penalty in the amount of $250. 

You are is ordered to pay, within sixty (60) days, the assessed amount by mailing or 

delivering a certified check or money order in the amount of $250, payable to "Federal 

Aviation Administration," to FAA Mike Monroney Aeronautical Center, AMZ-350, P.O. 

Box 25770, Oklahoma City, OK 73125-4915. In the alternative, you may pay your civil 

penalty with a credit card or a bank account debit over the Intemet. To pay electronically, 

visit the web site at https:!/www.pay.gov. Under the Search Public Forms option type in 

"FNE-FINEl." Click on "FAA Civil Penalty Payments- New England Region." You must 

then complete the requested infonnation and click "Continue." You will then be directed to 

enter your credit card or bank accow1t debit information. To use the bank account debit you 

will need your bank routing number, account number, and check number. 

The amount of civil penalty assessed in this Order constitutes a debt owed to the United 

States. You have now exhausted your right to seek review of the validity or amount of this 

debt. If this debt is not paid in full within 60 days of your receipt of this letter, the debt is 

considered delinquent. For delinquent debts, federal regulation (49 CFR § 89.23) requires 

us to charge interest from the date of this Order at a fixed annual rate of 1%, along with an 

administrative charge of $12.00 per month, representing our costs of administrative 

collection. Furthermore, if the full amount assessed is not paid in full within 120 days of 

your receipt of this letter, we are required to assess an additional penalty at an annual rate of 

6%, accruing from the date of delinquency. Delinquent debts may be reported to consumer 

reporting agencies or commercial credit bureaus, which could adversely affect your credit 

rating. Nonpayment of this debt may ultimately result in a referral to a collection agency, 

the Internal Revenue Service, or to the United States Department of Justice for enforced 

collection. 
Please direct all communications in this matter to Matthew J. Zappala, Office of the 

Regional Counsel, ANE-7, Federal Aviation Administration, 12 New England 

Executive Park, Burlington, MA 01803, telephone number (781) 238-7046. 

WAIVER OF APPEAL RIGHTS 

5 

The terms of this Order are issued in consideration of all the information currently available, 

including your express waiver of your right to appeal this matter to the Depariment of 

Transportation or any other forum. 

CERTIFICATE OF SERVICE 

I certify that this Order Assessing Civil Penalty has been sent this date by Certified 

Mail-Retum Receipt Requested and First Class mail to: 

DONNA SORENSEN 

Program Analyst 

Dr. Carole M. Berotte Joseph 

460 West 236'h Street, Apt. 7B 

Bronx, NY I 0463 

and 

Michael Wolter 

Attomey-Advisor 

Office of Hearings, M-20 

U.S. Deparhnent of Transportation 

1200 New Jersey Avenue 

(\Washington, DC 20590 

'"' ( _/A'J"?I~-tA . .x~.::,.Q_Jv..-... 

February 15, 2012