12/02/2011 98:21 4252271007 ANM7 PAGE 02/09 

& 

U.S. Department 

Of Transportation 

Federal Aviation 

Administration 

Office of Regional Counsel 

Northwest Mountain Region 

Colorado, Idaho, Montana, 

Oregon, Utali, Washington, 

Wyoming 

J601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425)227-2161 

Fax:(425)227-1007 

JEFFREY.I-1ARPER@F.AA.G0V 

December 2, 2011 

VIA FACSIMILE AND CERTIFIED MAIL - RETURN RECEIPT REQUESTED Z"^ "•).""-

n'l^fT i 

"D no-^ 

H o p 

Aolc^-(^^'C^^<3 5^9 

Attn: Hearing Docket Clerk, AGC-430 

Hearing Docket 

Federal Aviation Administration 

(Wilbur Wright Bldg -- Room 2W1000) 

800 Independence Avenue S.W. 

Washington, D.C. 20591 

Re: In the Matter of Joseph Moesser, FAA Case No. 2010NM720001 (^^^D11 - /o} 8<o 

Enclosed is an original and one copy of a request for hearing and Complaint in the abovereferenced proceeding. 

The FAA requests that the hearing in this matter be held in Salt Lake City, Utah, and expects that 

the hearing -will last two (2) days. 

For scheduling purposes. FAA attorney. Jef&ey Harper will be unavailable in year 2012: January 6-9. 

Febxtiary 10-13, March 16-19, March 30-31, April 1-2, May 4-7, June 1^ , June 29-30, July 1-2, 

August 10-13, and September 7-10,2012 due to mihtaiy reserve duty.. 

Please address all communications for the FAA to the undersigned at: 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S-W. 

Renton, Washington 98057 

Telephone: 425.227.2161 

FAX: 425.227.1007 

Sincerely, 

-^--.J^ffi-eyKH 

FAA Attorney 

Enclosures: Complaint 

Request for Heariog (Appeal) 
.K1H7 PAGE 03/09 

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JEFFREY M. R^MU^ER 

FAA OFFICE OF REGIONAL COUNSEL 

1601 Ll>.T) AVE., SW 

REKTOIS, WASHINGTON 98057 

TELEPHONE: 425.227.21 6I 

FACSIMILE: 425.227.1007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

VVASfflNGTON, D.C. 

In the Matter of: 

Joseph Moesser 

F.AA DOCKET CP Unassigned 

FAA Case No. 20IONM720001 

Judge Unassigned 

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 November 15, 2011. Joseph Moesser, was advised through a Final Notice of Proposed 

Civil Penalty tlmtthe FAA proposed to assess a civil penalty in the amount of S162,500. On 

November 25, 2011, Joseph Moesser, submitteda written request for a hearing. 

IT. 

On August 26,2011, you were advised through a Notice of Proposed Civil Penalty that tlie 

Federal Aviation Administration (FAA) proposed to assess a civil penalty in the amount of 

5162,500. 

After considering all information presently a part of this proceeding, including the information 

presented at the informal conference held on September 28, 2011, it appears that: 

1. On October 1, 2009, you were a ticketed passenger on Delta Ahhnes Flight 1512 departing 

Salt Lake Cit>', Utah and destined for Atlanta, Geor^a. 

2. You tliereafter, were to fly on Delta Airlines FHght 200 fi:om Atlanta, Georgia to 

Johannesburg, South Africa. 

COMPLAINT JEFFKEY M. H.V^PER! Fi\A ATTURNEY 

F.^-^ V. Joseph Moepscr TEL: 425.227.2161; F.4X: 425.227.1007 

20']ONM720001 

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3. Upon arrival at the Salt Lake City, Utali airport, you were approached by Agents of the 

FAA, Transportation Security Administration (TSA), and Federal Bureau of Investigations (FBI), 

and asked if you had any ammunition in yotir checked or carry-on baggage. 

4. You produced a locked metal box from one of your bags, and inside of this box were: 

a. one unopened container of "Hodgdon Triple Seven Pellets;" 

b. one previously opened and partially emptied package of "CCI209M Shotshell 

priraere," and; 

c. tvvo boxes of 25-count Winchester XX 12 gauge shotgun shells. 

5. After being informed that the "Hodgdon Triple Seven Pellets" were forbidden and the "CCI 

209M Shotshell primers" were regulated you voluntarily turned them over to the Agents. 

6. You were asked by a Federal Agent if you had any other prohibited hazardous materials and 

you indicated tliat you did not. 

7. You then offered this bag with the locked metal box to Delta Airlines for transportation on 

Delta Airlines Flight 1512. The bag contained no identification markings or labels to indicate its 

contents, and was not accompanied by a Sliipper's Certification or Declaration of Dangerous 

Goods. 

8. During the screening of your baggage by TSA, your bag with the locked metal box triggered 

an alarm. TSA personnel then conducted a manual inspection of your baggage. 

9. During tliis Lnspection TSA personnel inspected the VA'O boxes of 25-count Winchester XX 

12 gauge shotgun shells. 

10. TSA personnel discovered that the top row of shells in each box appeared to be new, 

unexpended shells with their primers intact. However, the 40 remaining shells had expended 

primers and had been refilled as follows: 

a, 38 had been refilled with Hodgdon Triple Seven Pellets (three pellets per shell). 

b- Two had been refilled with CCI 209M Shotshell primers (25 primers per shell). 

11. These substances are classified-as hazardous material under Section 172.101 of the United 

States Department of Transportation Hazardous Materials Regulations (HNfR) (49 C.F.R. Part 171 

ei. seq.), 

12. The proper shipping name for the Hodgdon Triple Se\'en Pellets is "Propellant, solid. 

Class 1.3C, UN0499, PG n." 

13. The proper shipping name for the CCI 209M Shotshell primers is "Primers, cap tjTje, 

Class 1.4S, U*N0044, PG H." 

COMrL:\JNT TeFFREY M HAPJ^R. FAA AlTORNaV 

FAA V. Joseph Moesser TEL: 425.227.2161; F.AX; 425.227.1007 

20101^'I72000I 

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14. Columns 9A and 9B of Section 172.101, Hazardous .Materials Table, of the HMR forbids 

the transportation of Hodgdon Triple Seven Pellets on passenger-carrying or cargo only aircraft. 

15. You ofifei'ed the above hazardous materials for transportation when you did not include 

shipping papers which contained the proper shipping name of the hazardous material, the hazard 

class of the hazardous material, the total quantity by weight covered by the description, and the 

shipment contained no emergency response uiformation. 

III. 

1. By reason of the foregoing facts and circumstances, you violated the folio-wing.sections of 

the FederaTAviationReg"ulations'(r4"CFR)^ ^"~~ " ^ ~^~~ 

commerce 

a. StJCtion 171.2(e), in that you oi^ered hazardous material for transportation in 

i;uiiji.[ierce within the United States when the material was not properly classed, described, 

packaged, marked, labeled, and in the condition for shipment required by the HMR. 

b. Section n2.200(a) and Section 172.202, in that you offered hazardous material 

for" transportation \vithout properly describing the material on shipping papers. 

c. Section 172.300 and Section 172.301(a), in that you offered hazardous materials 

for transportation when the package was not marked ^vitll proper shipping names for its contents. 

d. Section i72.304(a)(l), in that you offered hazardous materials 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. 

e. Section 172.400(a), in that you offered a package containing hazardous material 

for transportarion when tlie package was not properiy labeled as specified in Section 172.101 

(49 C.F.R. § 172.101). 

f Sect"on 172.600(c), in that you offered hazardous materials to be shipped in air 

commerce without providing emergency response information required by 14 C.F.R. Part 172, 

Subchapter C, Subpart G. 

g. Section 173.1(b), in that you improperly prepared the packing of, and offered, a 

shipment of hazardous material for shipment by air. 

h. Section 173.22(a), in tliat you failed to properly class and describe tlie hazardous 

material contained in its shipment. 

i. Section 173.27(b)(1), in tliat you offered a material forbidden from transport 

aboard a passenger-carrying aircraft. 

j . Section 173.27(b)(2), in that you offered a material forbidden from transport 

aboard aircraft. 

CO\n'LATNT JFFFREYM. HARPER, FAA. ATTORNEY 

F A ^ V. Joseph Moe^ser TEL: 425.227.216]; FAX: 425.227.1007 

2010NM72000 1 

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"^ FAA Attorney 

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2. Under 49 U.S.C. § 5123(a), you are subject to a civil penalty not to exceed $50,000 for 

each regulatory violation above. The statute requires a minimum penalty of $275 for each • 

violation. 

3. Under the iacts and circumstances of this case, a civil penalty of 5162,500 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfiilly requests that the Administrative 

Law Judge enter an order that you be assessed a civil penalty in the amount of Si62,500. 

Respectfully submitted this 2nd day of December, 2011, 

FAAv. Joseph Moesser TEL: 425.227.2161; F.A.X; 425,227.1007 

2010NMV20001 

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ANSWER 

In accordance with Section 13.209 of tlie Federal Aviation Regulations, you, must answer this 

Complaint not later than 30 days from the time it is served on it. Failure to file an Answer -^^athin 

30 days without good cause shall be deemed an admission of the truth of each allegation 

contained in the Complaint [14.C.F.R. 13.209(f)]. 

COMPLAINT JEFFREY M. HARPER, FA.^ ATTORNEV 

FA.'V V. Joseph MocsMr TEL: 425.227,2161: FAX: 425.227.1007 

2010NM720001 

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CERHFICATE OF SERVTCE 

I hereby certify that the .foregoing Complaint has been served \ia facsimile and Certified mail 

Return Receipt Requested this date, to the following: 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue SW 

Waslimgton, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wri^t Building - Suite 2\V1000 

Fax: 202. 493.5142 

Gregory G. Skordas. Esq. 

-34h"South'Main-StreeLrSuite-303-

Salt Lake City, UT 84111 

TEL: 801.531.7444 

FAX: $01,531 MS5 

Dated tliis 2nd day of December, 2011. 

MOfFAIR CHIN 

Office of Regional Counsel (ANN'L?) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

425.227.2160 

COMPL-AJNT 

FAA V. Joseph Moessct 

2O10NM7200O] 

Page 7 of 7 

TPTREY M- HARFER, FA' \ .'\TT0WEY 

TEL; ^25.227.2161; FAX: 425.227.1007 
12/02/2011 08:21 4252271007 AMM7 PAGE 09/0 9 

FRDn : Custom Tec h PHONE NO. : SSI 972394 4 Noy. 2 5 201 1 llJlSfiM P I 

Novembor22. 201 ) 

Federal Aviation Admimslrnlion 

Attention: Hearing Docket Clerk, AGC^30 

Wilbur Wright Building-Suiie2WlOOO 

800 Independence Avenue SW 

Washington. DC 205y] 

To Whom It May Concern: 

Please accept this complaint as Joseph Moesser's request for aheaiing. This 

request is in response to the Final Notice of Proposed Civil Penalty dated November 15, 

2011, tbe FAA case nmnber associated with'this request is 2010'NM720001. Please 

mail any notices to tlic below: 

Joseph Moessef 

3944 S. 2200 W. 

West Valley City, UT 84^ 9 

Gregoiy G Skbrdos 

SKORDAS, CASTON & HYDE, LLC 

341 So. Main Street, Suite 303 

Salt Lake City, UT 84111 

Telephone: (SOl) 531-7444 

Facsimile: (Rai)53l-S585 

Joseph Moesser 

WithCop>-To: 

Jeffrey M. Harper 

Federal Aviation Administration 

OfiSce of Regional Counsel -ANM-7 

Northwest Mouniaia Region 

1601 Lind Avenue. So«Av/est 

Ren1ofl,WA9«057