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f 

•":v-.PT:.'r;\iTOF 

U.S. Department Southern Regioppn,r^j/jlQ|i p.o. Box 20636 

of Transportation Officeof the RegtonajjtoijrijS^/^TjQfiq Atlanta, Georgia 30320 

Federal Aviation r v _-:[ n u- 11 (404)305-5200 

Administration ' ' " ~ - ' ' • -^ ' (404)305-5223 FAX 

APR 21 2011 r-^, r— f-^ r-1 \ ir ^ :?-v 

CERTIFIED - RETURN RECEIPT REQUESTED 3 i 1 ^ V / ^-- 3 V E I ^ J 

Hearing Docket Clerk ^^*^'^ '^ ^ ^^^^^ 

FAA, AGC-430, Suite 2W1000 ^ ^ ^ ^,^ j, , ^, j.^,, ^ ,,,_ 

Wilbur Wright Building t'/nr-Zri., v*.:i ^^UL^r^lL ] 

800 Indqpendence Avenue, SW 

Washington, DC 20591 

Re: In the Matter of Gretchen Hunt ^ , i^/^ti fi^^<C 

FAA Case No.,2010SO700070 ;?0t/ ' Al^A- dPP ' / ^0? U /'=^^^^' ' ^'^^ ^ 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Louisville, Kentucky area, and 

expects ihal the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at; 

Federal Aviation Administration 

Office of the Regional Counsel, AS 0-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone; (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, . 

GERALD A- ELLIS 

Attorney 

Office of the Regional Counsel 

Enclosures 
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Gretchen Hunt 

13211 Winterberry Way 

Princeton, NJ 08540 

April 12,2011 

CERTIFIED MAIL 70091410000153376861 

RETURN RECEIPT REQUESTED 

Federal Aviation Admini .strati on 

800 Independence Avenue SW 

Washington, DC 20591 

Attn: Docket Clerk AGC-430 

Wilbur Wright Building - Suite 2 W1000 

Re: Notice of Proposed Civil Penalty (14 C.F.R. § 13.16) 

2010SO700070 

Dear Sir/Madam: 

(!.DP'-

This letter is to request a hearing on the above referenced matter pursuant to Section 

13.16 of the Federal Aviation Regulations. 

Sincerely, 

i / ' cc: Gerald A. Ellis, Esq. 

Eddie L. Thomas, Esq. 

U.S. Department of Tran.sportation 

Federal Aviation Administration 

Office of the Regional Counsel - Southern Region 

P.O. Box 20636 

Atlanta, GA 30320 

RECEIVED 

APR 1 8 'A^i] 

FAA, RHGIONAL COUNSEL 

SOUTHt:RN REGION 
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U.S. DEPARTMENT OF TRANSPORTATION 

OFHCE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRA HON, 

Complainant, 

vs. 

Gretchen Hunt 

Respondent. 

FAA Docket No. 

Judge 

JUDGE NOT YET 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. 

1. On April 4, 2011, Respondent, Gretchen Hunt was advised through a Final 

Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

or$6,000. On April 12, 2011, the Agency Attorney received a written request for a hearing from 

the Respondent. 

II. 

2. On or about November 27,2009, Gretchen Hunt ("Hunt") knowingly offered to 

United Parcel Service ("UPS") a shipment that included a fiberboard box containing hazardous 

materials for transportation by air. 

3. The above-mentioned shipment was assigned UPS 2"** Day Air tracking 

number/air waybill number F064 993 529 3. The shipment was offered by Hunt, 4356 Hazel 

Avenue #C, Pahn Beach Gardens, Florida 33410, for transportation to the consignee, Gorden 

Govens, c/o Tennant Hall, 108 Stockton Street, Apt. 301, Princeton, New Jersey 08542. 

4. At all times mentioned herein, the above-mentioned shipment was not 

accompanied by a Shipper's Certification or Declaration of Dangerous Goods. 
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5. On or about November 27, 2009, the above-mentioned shipment was flown on a 

regularly scheduled UPS cargo flight in air transportation to the UPS sort facility in Louisville, 

Kentucky. 

6. On or about November 28,2009, grotmd-handling persormel at the UPS sort 

facility discovered the above-mentioned shipment leaking and exhibiting stains. 

7. The above-mentioned fiberboard box contained one 32-oz. plastic container of 

Cumberland Swan "91% Isopropyl Alcohol" (with screw-top plastic lid), marked 

"FLAMMABLE"; one 8-oz plastic container of "Aussie Opposites Attract Hair Spray", marked 

"FLAMMABLE"; Thirty-Three glass containers of assorted perfumes in various quantities. 

8. Further investigation showed that approximately six ounces of the abovedescribed "91% Isopropyl Alcohol" had leaked into and through the fiberboard container. 

9. (a) Cumberland Swan 91% Isopropyl Alcohol, is classified as a hazardous 

material under the Department of Transportation Hazardous Materials Regulations (HMR) (49 

C.F.R. § 172.101). 

(b) The proper shipping name of the materia! is Isopropanol or Isopropyl 

alcohol. It is in Hazard Class 3 (Flammable Liquid), Packing Group II, and has an assigned 

identification number of UN1219. The proper label is FLAMMABLE LIQUID. 

10. (a) "Aussie Opposites Attract Hair Spray", is classillcd as a hazardous 

material under the Department of Transportation Hazardous Materials Regulations (HMR) (49 

C.F.R. § 172.101). 

(b) The proper shipping name of the material is Ethanol solutions. It is in 

Hazard Class 3 (Flammable Liquid), Packing Group II, and has an assigned identification 

number of UNI 170. The proper label is FLAMMABLE LIQUID. 

11. (a) The above-described perfimies arc classified as a hazardous material under 

the Department of Tran.sportation Hazardous Materials Regulations (HMR) (49 C.F.R. 

§ 172.101). 

(b) The proper shipping name of the material is Perfumery Products with 

flamtnable solvent. They are in Hazard Class 3 (Flammable Liquid), Packing Group III, and 

have an assigned identificarion number of UNI 219. The proper label is FLAMMABLE 

LIQUID 

12. Hunt offered the above-described shipment of ha;^ardous material for 

transportation by air without shipping papers that included; 

(a) the assigned identification number prescribed for each hazardous material; 

(b) the proper shipping name prescribed for each hazardous material; 
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(c) the hazard class prescribed for each hazardous material; 

(d) the packing group prescribed for each hazardous material; . 

(e) the total net mass per package of each hazardous matcrisil; and, 

(f) the number and type of packages containing hazardous material. 

13. Hunt offered the above-described shipment of hazardous material for 

transportation by air and failed to; 

(a) certify that the materials were in accordance with the HMR (49 C.F.R. §§ 

171, et seg.) by printing on the shipping papers the certification set forth in § 172.204(a)( 1), 

172.204(a)(2), or § 172.204(c) of the HMR; 

(b) prepare the required certifications in duplicate; and, 

(c) add to the certification required in this section the following statement: 

"I declare that all of the applicable air transport requirements have 

been met." 

14. - Hunt offered the above-described shipment of hazardous materials for 

transportation by air when: 

(a) the outer container was not marked with the proper shipping name of each 

hazardous material contained therein; 

(b) the outer container was not marked with the assigned identification 

number of each hazardous material contained therein; 

(c) the outer container was not marked with standard orientation markings (as 

prescribed in 49 C.F.R. §172.312(a)) on two opposite vertical sides of the package with the 

arrows pointing in the correct upright direction; and 

(d) a "FLAMMABLE LIQUID" label was not affixed to the outer container. 

15. Hunt offered the above-described shipment of hazardous material for 

transportation by air and failed to make emergency response information available for use at all 

times the hazardous material was present. 

16. Hunt offered the above-described shipment of hazardous material for 

transportation by air and failed to make an emergency response telephone number immediately 

available to the appropriate official person designated to respond to an incident involving a 

hazardous material, or who was conducting an investigation involving a hazardous material. 
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17. Hunt offered the above-described shipment of hazardous material for 

transportation by air when the packaging was not designed, constructed, maintained, filled, its 

contents so limited, and closed, so that under conditions normally incident to transportation, 

there would be no identifiable release of hazardous material to the environment. 

18. Hunt offered the above-described combination package of hazardou.s materials for 

transportation by air when the inner packagings were not packed, secured, and cushioned to 

prevent their breakage or leakage and to control their movement within the outer packaging 

under conditions normally incident to transportation. 

19. Hunt offered the above-described shipment of liquid hazardous materials for 

transportation by air and failed to use an authorized combination packaging for its transportation. 

in. 

20. By reason of the above, Gretchen Hunt violated the following Department of 

Transportation Hazardous Materials Regulations (Title 49 of the Code of Federal Regulations); 

1. Section 171.2(e) in that Hunt offered or transported a hazardous material for 

transportation in commerce when the hazardous material was not properly classed, described, 

packaged, marked, labeled, and in condition for shipment as required or authorized by applicable 

requirements of this subchapter, or an exemption, approval, or registration i.<;sued under this 

subchapter or under subchapter A of this chapter. 

2. Sections 172.200(a) and 172.202(a)(1) in that Hunt offered a hazardous material 

for transportation and failed to describe the hazardous material on shipping papers including the 

identification number prescribed for the material as shown in Column 4 of the § 172.101 Table, 

in the manner required by this subpart. 

3. Sections 172.200(a) and 172.202(a)(2) in that Hunt offered a hazardous material 

for transportation and failed to describe the hazardous material on shipping papers including the 

proper shipping name prescribed for the material as shown in Column 2 of the § 172.101 

Table. 

4. Sections 172.200(a) and 172.202(a)(3) in that Hunt offered a hazardous material 

for transportation and failed to describe the hazardous material on shipping papers including the 

hazard class or division number prescribed for the material as shown in Column 3 of the § 

172.101 Table. 

5. Sections 172.200(a) and 172.202(a)(4) in that Hunt offered a hazardous material 

for transportation and failed to describe the hazardous material on shipping papers including the 

packing group in Roman numerals, as designated for the hazardous material in Column 5 of the 

§ 172.101 Table. 
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6. Sections 172.200(a) and 172.202(a)(6) in that Hunt offered a hazardous material 

for transportation by aircraft and failed to describe the hazardous material on shipping papers 

showing the total mass per package, unless a gross mass is indicated in Columns (9A) or (9B) 

of the § 172,101 Table in which case the total gross mass per package must be shown; or, for 

Class 7 materials, the quantity of radioactive must be shown by activity. 

7. Sections 172.200(a) and 172.202(a)(7) in that Hunt offered a hazardous material 

for transportation and failed to describe the hazardous material on shipping papers indicating the 

number and type of packages (for example, "12 drums"). 

8. Sections 172.204(a) or (c)(1) in that Hunt offered a hazardous material for 

transportation and failed to certify that the material was offered for tran.sportation in accordance 

with this subchapter by printing on the shipping paper containing the required shipping 

description one of the certifications set forth in this part. 

9. Section 172.204(c)(2) in that Himt offered a hazardous material to an aircraft 

operator for transportation by air and failed to provide two copies of the certification required in 

this section. 

10. Section 172.204(c)(3) in that Hunt offered for transportation by air a hazardous 

material authorized for air transportation and failed to add to the certification required in this 

section the following statement; 

"I declare that aii of the applicable air transport requirements have been met." 

11. Section 172.301(a) in that Hunt offered for transportation a hazardous material in 

a non-bulk packaging and failed to 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 §172.101 table. 

12. Sections 172.300(a) and 172.312(a)(2) in that Hunt offered a non-bulk 

combination package having inner packagings containing liquid hazardous material for 

transportation and failed to legibly mark the outer package with package orientation markings 

that conform pictorially to ISO Standard 780-1895, on two opposite vertical sides of the package 

with the arrows pointing in the correct upright direction. 

13. Section 172.400(a) in that Hunt offered for transportation a hazardous material in 

one of the packages or containment devices listed in this subpart and failed to label the package 

or containment device with the labels specified for the material in the § 172.101 Table and in tiiis 

subpart. 

14. Section 172.600(c) in that Hunt offered for transportation a hazardous material 

and failed to make the emergency response information immediately available for use at all times 

the hazardous material was present, and failed to make such information, including an 

emergency response telephone number, immediately available to any government agency 
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responding to an incident involving hazardous materials or conducting an investigation which 

involves a hazardous material. 

15- Section 173.24(b)(1) in that Hunt failed to use a package which was designed, 

constructed, maintained, filled, its contents so limited, and closed, so that under conditions 

normally incident to transportation, there would be no identifiable (without tlie use of 

instruments) release of hazardous material to the environment. 

16. Section 173.24a(a)(3) in that Hunt failed to ensure that inner packagings of 

combination packagings were sufficiently packed, secured, and cushioned to prevent their 

breakage or leakage and to control their movement within the outer packaging under conditions 

normally incident to transportation. 

17. Section 173.202 in that Hunt offered for transportation a package containing 

liquid hazardous material in Packing Group II when § 172.101 of this subchapter specified that it 

be packaged under this section and fciiled to use non-bulk packagings prescribed in this section 

confomiing to the general packeiging requirements of subpart B of part 173, to the requirements 

of part 178 of this subchapter at the Packing Group I or II performance level (unless otherwise 

excepted), and to the requirements of the special provisions of Column 7 of the §172.101 Table. 

21. Pursuant to 49 U.S.C. Section 5123(a), Gretchen Hxint is subject to a civil penalty 

not lower than $250 ($450 for training-related violations), nor greater than $50,000 ($100,000 il" 

death, serious illness, severe injury, or sub.stantial property damage results), for each violation of 

the Department of Transportation Hazardous Materials Regulations. 

22. Under the facts and circumstances of this ease, a civil penalty of $6,000 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $6,000. 

Respectfully submitted this JLA day of April, 2011. 

GERALD A. ELLIS 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 
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rERTfFTCATE OF SERVICE 

1 hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk (original + 1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Gretchen Hunt 

13211 Winterberry Way 

Princeton, NJ 08540 

MCDOWELL^"- IcDOWELL^ * ^ 

Legal Assistant 

Office of the Regional Counsel 

APR & 1 2011 

Dated