U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Gene Harrison. 

2013EA700064 

Judge Not Assigned 

RECEIVED 

DEC 0 3 201~ 

HEARING DOCKET 

COMPLAINANT'S MOTION TO DISMISS RESPONDENT'S UNTIMELY APPEAL OR 

IN THE ALTERNATIVE TO ACCEPT COMPLAINT 

COMES NOW, the Federal Aviation Administration, (hereinafter "Complainant"), by 

and through its designated representative, the Regional Counsel for the Eastern Region, and his 

duly designated and authorized agents and moves to dismiss Respondent's untimely appeal in the 

above-captioned matter, pursuant to 49 C.P.R. §13.218(£)(2), as follows, or in the alternative, to 

accept Complainant's Complaint. 

STATEMENT OF THE CASE 

Complainant issued a Notice of Proposed Civil Penalty to Gene Harrison (herein after 

"Respondent") on March 26, 2013. On September 18, 2014, Complainant issued an Amended Final 
Notice of Proposed Civil Penalty. Respondent received the Amended Final Notice of Proposed 

Civil Penalty on September 22,2014. (Attachment 1). 

On November 20, 2014, Respondent left a voicemail message for the undersigned Agency 

counsel, inquiring as to whether the Agency had received his appeal. On November 24, 2014, 

Agency counsel attempted to contact Respondent to no avail. On November 24, 2014, Agency 

counsel contacted the Hearing Docket and was advised that it received an appeal from Respondent 

on October 21,2014. (Attachment 2). 

STATEMENT OF THE ISSUE 

Whether Respondent's Appeal should be dismissed as Untimely Filed. 

ARGUMENT 

I. Respondent's Appeal Should be Dismissed as Untimely Filed. In the Alternative, the 

Complainant's Complaint Should Be Accepted as Timely Filed. 

14 CFR Subpart C, Legal Enforcement Actions, at Section 13 .16(g)(2), requires the 

following of a person charged with a violation pursuant to a Final Notice of Proposed Civil 

Penalty: 

"(2) Not later than 15 days after receipt of the final notice of proposed civil penalty, 

the person charged with a violation shall do one of the following-

(i) Submit the amount of the proposed civil penalty or an agreed-upon amount, in 

which case either an order assessing civil penalty or a compromise order shall be 

issued in that amount; or 
(ii) Request a hearing, in which case a complaint shall be filed with the hearing 

docket clerk. (14 CFR Section 13.16(g))." 

In addition, 14 CFR Section 13.16(h) provides: 

(h) Request for a hearii1g. Any person charged with a violation may request a hearing, 

pursuant to paragraph (f)(3) or paragraph (g)(2)(ii) of this section, to be conducted in 

accordance with the procedures in subpart G of this part. A person requesting a 

hearing shall file a written request for a hearing with the hearing docket clerk, using 

the appropriate address set forth in §13.210(a) of this part, and shall mail a copy of 

the request to the agency attorney. The request for a hearing may be in the form of a 

letter but must be dated and signed by the person requesting a hearing. The request 

for a hearing may be typewritten or may be legibly handwritten." (14 CFR Section 

13.16(h)). 

In the instant matter Respondent did not serve the Agency's attorney with a copy of the 

written request for a hearing as required by 14 CFR 13.16(h). In addition, Respondent's appeal 

appears to be untimely in that it was received by the Hearing Docket on October 21, 2014. 

Specifically, to be timely, a written request for a hearing would have to have been made no later 

than 15 days from receipt of the Amended Final Notice of Proposed Civil Penalty. In this case, 

the Agency's Amended Final Notice of Proposed Civil Penalty was received by Respondent on 

September 22, 2014. Therefore, to be timely, a request for a hearing would have to be made no 

later than October 7, 2014. Although the request for a hearing bears the date of September 30, 

2014, it is not known when it was mailed or by what method it was mailed. In any event, 

considering an additional five days pursuant to 14 CFR Section 13.211 (e) for service by mail, 

and considering the requirements of 14 CFR Section 13.212(c) granting until the next business 

day when the last day of a time period is a Saturday, Sunday, or a legal holiday, the request for a 

hearing would have to be received by October 14, 2014. Given that the request for a hearing 

was not received by the Hearing Docket until October 21, 2014, it appears that is was not timely 

filed. 
WHEREFORE, Complainant respectfully requests that Respondent's request for a 

hearing be dismissed as untimely filed. In the alternative, Complainant requests that its 

Complaint be accepted. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: ~*~-------- eamne C. Gotuner 

Attorney 

Federal Aviation Administration 

l Aviation Plaza 

Jamaica, NY 11434 

718 553-3272 

Fax 718 995-5699 
CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing Complainant's Motion to Dismiss 

Respondent's Untimely Appeal or in the Alternative to Accept Complaint was sent by Federal 

Express Mail addressed as follows; 

And via facsimile: 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2Wl 000 

(FAX) 202-366-7536 

Mr. Gene Harrison 

3705 Arctic Blvd., Apt. 543 

Anchorage, AK 99503 

Date: ______ _ ~.~ ,L~~ ~~ooks Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

I Aviation Plaza 

Jamaica, NY 11434 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3272 

Facsimile: 718 995-5699 

SEP 18 2U1lil 

CERTIFIED i.JrAIL- RETURN RECEIPT REQUESTED 

Gene Harrison 

Mr. Gene Harrison 

3705 Arctic Blvd. Apt. 543 

Anchorage, AK99503 

Docket No. 2013EA700064 

1 Aviation Plaza 

Jamaica, NY 11434 

AMENDED FINAL NOTICE OF PROPOSED CIVIL PENALTY 

TAKE NOTICE that on March 26, 2013, this office mailed to you a Notice of 

Proposed Civil Penalty. Thirty days have passed and we have not received a 

response from you. Based on the investigative report received by this office, it 

appears that you violated the Department of Transportation Hazardous Materials 

Regulations by reason of the following: 

1. On or about November 17, 2012, you offered baggage ("the shipment") 

containing hazardous materials for transportation by air to Alaska 

Airlines. 

2. You offered the shipment as checked baggage for air transportation 

aboard Alaska Airlines Flight 773, a passenger carrying flight from 

Washington-Regan International Airport, to Ted Stevens-Anchorage 

International Airport, Alaska. 

3. The shipment bore no markings or labels to indicate that its contents 

included hazardous material. 

4. At all times herein, a Shipper's Certification or Declaration of 

Dangerous Goods did not accompany the shipment. 

5. On or about November 17, 2012, Transportation Security 

Administration (TSA) officials discovered that the shipment contained 

hazardous materials. 
6. Specifically, the shipment contained approximately (15) packages of 

Consumer fireworks as follows: 

a. 1 package of TNT Crickets; 

b. 4 packages of TNT Mini Monster; 

c. 1 package of TNT Killer Bee; 

d. 1 TNT package containing 4 boxes of Assorted Color Snakes; 

e. 1 package containing 5 TNT Sparklers; 

f. 1 TNT Large California Rocket Fountain; 

g. 5 twelve-piece packages of California Bottle Rockets; and 

h. 1 package containing 5 Sparklers. 

7. The proper shipping name of the hazardous material referenced in 

allegation 6(a)-(c) herein is Fireworks. It is in Hazard Class 1.4G, 

Packing Group II and has an assigned identification number ofUN0336. 

8. The proper shipping name of the hazardous material referenced in 

allegation 6( d) and 6( e) herein is Fireworks. It is in Hazard Class 1.4S, 

Packing Group II and has an assigned identification number ofUN0337. 

9. The hazardous material referenced in allegations 6( a)-( c) herein is 

forbidden on passenger aircraft. 

10. You offered the above-described shipment for transportation by air 

without shipping papers that included: (a) the proper shipping name 

prescribed for the hazardous material; (b) the hazard class prescribed for 

the hazardous material; and (c) the assigned identification number 

prescribed for the hazardous material. 

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

transportation by air when you failed: (a) certifY that the hazardous 

material therein was in accordance with the HMR ( 49 CPR Sections 171 

et seq) by printing the certification set forth in Section 172.204(a) or 

172.204(c)(1) of the HMR [49 CPR Section 172.204(a) or Section 

172.204(c)(1)]; (b) add the certification required 172.204(c)(3) of the 

HMR [49 CPR Section 172.204(c)(3)]; and (c) prepare the required 

certifications in duplicate. 

2 
12. You 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 the hazardous materials contained therein 

and (b) the outer container did not bear an "EXPLOSIVES 1.4" label as 

required by Section 172.400 of the HMR [ 49 CFR 172.400]. 

13. You offered the shipment, part of which is authorized on cargo aircraft 

only, for air transportation when you failed to ensure that the package 

bore a CARGO AIRCRAFT ONLY label specified in § 172.448 of the 

HMR. 

14. You did not make emergency response information including the 

emergency response telephone number available for use at all times the 

hazardous material was present. 

By reason of the foregoing, you violated the following section( s) of the Department 

of Transportation Hazardous Materials Regulations: 

a. Section 171.2(a), which states that each person who performs a function 

covered by this subchapter must perform that function in accordance 

with this subchapter. 

b. Section 171.2(b), which states that each person who otTers a hazardous 

material for transportation in commerce must comply with all applicable 

requirements of this subchapter, or an exemption, or special permit, 

approval, or registration issued under this subchapter or under subchapter 

A of this chapter. There may be more than one offeror of a shipment of 

hazardous materials. Each offeror is responsible for complying with the 

requirements of this subchapter, or an exemption, or special permit, 

approval, or registration issued under this subchapter or subchapter A of 

this chapter, with respect to any pre-transportation function that it 

performs or is required to perform; however, each offeror is responsible 

only for the specific pre-transportation functions that it performs or is 

required to perform, and each offeror may rely on information provided 

by another offeror, unless that offeror knows or, a reasonable person, 

acting in the circumstances and exercising reasonable care, would have 

knowledge that the information provided by the other offeror is incorrect. 

c. Section 171.2( e), which states 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 

3 
requirements of this subchapter or an exemption or special permit, 

approval, or registration issued under this subchapter or subchapter A of 

this chapter. 

d. Section 172.200(a), which states 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. 

e. Section 172.202(a)(l), which states that the shipping description of a 

hazardous material on the shipping paper must include the identification 

number prescribed for the material as shown in Column (4) of the 

§172.101 table. 

f. Section 172.202(a)(2), which states that the shipping description of a 

hazardous material on the shipping paper must include the proper 

shipping name prescribed for the material in Colunm (2) of the 

§172.101 table. 

g. Section 172.202(a)(3), which states that the shipping description of a 

hazardous material on the shipping paper must include the hazard class 

or division number prescribed for the material, as shown in Column (3) 

of the §172.101 table. The subsidiary hazard class or division number is 

not required to be entered when a corresponding subsidiary hazard label 

is not required. Except for combustible liquids, the subsidiary hazard 

class( es) or subsidiary division number( s) must be entered in 

parentheses immediately following the primary hazard class or division 

number. In addition-- (i) The words "Class" or "Division" may be 

included preceding the primary and subsidiary hazard class or division 

numbers. (ii) The hazard class need not be included for the entry 

"Combustible liquid, n.o.s." (iii) For domestic shipments, primary and 

subsidiary hazard class or division names may be entered following the 

numerical hazard class or division, or following the basic description. 

h. Section 172.204 (a), which states that, except as provided in paragraphs 

(b) and (c) ofthis section, each person who offers a hazardous material 

for transportation shall certifY that the material is offered for 

transportation in accordance with this subchapter by printing (manually 

or mechanically) on the shipping paper containing the required shipping 

description the certification contained in paragraph (a)(l) of this section 

or the certification (declaration) containing the language contained in 

paragraph (a)(2) ofthis section. 

4 
1. Section 172.204(c)(3), which states that effective October 1, 2006, each 

person who offers a hazardous material for transportation by air must 

add to the certification required in this section the following statement: 

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

met." (i) Each person who offers any package or overpack of hazardous 

material for transport by air must ensure that: (A) The articles or 

substances are not prohibited for transport by air (see the §172.01 

Table); (B) The articles or substances are properly classed, marked and 

labeled and otherwise in a condition for transport as required by this 

subchapter; (C) The articles or substances are packaged in accordance 

with all the applicable air transport requirements, including appropriate 

types of packaging that conform to the packing requirements and the 

"A" Special Provisions in §172.102; inner packaging a..Tl ma.ximum 

quantity per package limits; the compatibility requirements (see, for 

example, §173.24 of this subchapter); and requirements for closure for 

both inner and outer packagings, absorbent materials, and pressure 

differential in § 173.27 of this subchapter. Other requirements may also 

apply. For example, single packagings may be prohibited, inner 

packaging may need to be packed in intermediate packagings, and 

certain materials may be required to be transported in packagings 

meeting a more stringent performance level. 

J. Section 172.300(a), which states that each person who offers a hazardous 

material for transportation shall mark each package, freight container, and 

transport vehicle containing the hazRrdous material in the marmer required 

by this subpart. 

k. Section 172.301(a)(1), which states that, except as otherwise provided 

by this subchapter, each 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 §172.101 Table. 

Identification numbers are not required on packagings that contain only 

ORM-D materials or limited quantities marked in accordance with the 

marking requirements in § 172.315. 

1. Section 172.400(a), which states that except as specified in §172.400a, 

each person who offers for transportation or transports a hazardous 

material in any of the following packages or containment devices, shall 

label the package or containment device with labels specified for the 

5 
material in the § 172.101 Table and in this subpart. (1) A non-bulk 

package; (2) A bulk packaging, other than a cargo tank, portable tank, or 

tank car, with a volumetric capacity of less than 18 m3 (640 cubic feet), 

unless placarded in accordance with subpart F of this part; (3) A portable 

tank of less than 3785 L (1000 gallons) capacity, unless placarded in 

accordance with subpart F of this part; ( 4) A DOT Specification 1 06 or 

110 multi-unit tank car tank, unless placarded in accordance with subpart 

F of this part; and (5) An overpack, freight container or unit load device, 

of less than 18m3 (640 cubic feet), which contains a package for which 

labels are required, unless placarded or marked in accordance with 

§ 172.512 of this part. 

m. Section 172.402( c), which states that each person who offers for 

transportation or transports by aircraft a package containing a hazardous 

material which is authorized on cargo aircraft only shall label the package 

with a CARGO AIRCRAFT ONLY label specified in §172.448 of this 

subpart. 

n. Section 172.600( c), which states that no person to whom this subpart 

applies may offer for transportation, accept for transportation, tra..r1sfer, 

store or otherwise handle during transportation a hazardous material 

unless: (1) Emergency response information conforming 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 telephone number, required by this subpart is 

inlmediately available to any person who, as a representative of a Federal, 

State or local government agency, responds to an incident involving a 

hazardous material, or is conducting an investigation which involves a 

hazardous material. 

o. Section 173.1 (b), which states that a shipment of hazardous materials 

that is not prepared in accordance with this subchapter may not be 

offered for transportation by air, highway, rail, or water. It is the 

responsibility of each hazmat employer subject to the requirements of 

this subchapter to ensure that each hazmat employee is trained in 

accordance with the requirements prescribed in this subchapter. It is the 

duty of each person who offers hazardous materials for transportation to 

instruct each of his officers, agents, and employees having any 

responsibility for preparing hazardous materials for shipment as to 

applicable regulations in this subchapter. 

6 
p. Section 173.22(a)(l) & (2), which states that except as otherwise 

provided in this part, a person may offer a hazardous material for 

transportation in a packaging or container required by this part only in 

accordance with the following: (1) The person shall class and describe 

the hazardous material in accordance with part 172 and 173 of this 

subchapter, and (2) The person shall determine that the packaging or 

container is an authorized packaging or container is an authorized 

packaging, including part 173 requirements, and that it has been 

manufactured, assembled and marked in accordance with (i) Section 

173.7(a) and parts 173, 178, or 179 of this subchapter; (ii) A 

specification of the Department in effect at the date of manufacture of 

the packaging and container; (iii) National or international regulations 

based on the UN Recommendations (IBR, see §171.7 of this subchapter 

), as authorized in §173.24(d)(2); (iv) An approval issued under 

subchapter; or (v) An exemption or special permit issued under 

subchapter A of this chapter. 

q. Section 173.27(b)( 4), which states that a package containing a hazardous 

material which is authorized aboard cargo aircraft but not aboard 

passenger aircraft must be labeled with the CARGO AIRCRAFT 

ONLY label required by § 172.402( c) of this subchapter and may not be 

offered for transportation or transported aboard passenger-carrying 

aircraft. 

r. Section 173.27(b)(l), which states that when Column 9a of the §172.101 

Table indicates that a material is "Forbidden", that material may not be 

offered for transportation or transported aboard passenger-carrying 

aircraft. 

In accordance with §5123(a) of Chapter 51, Title 49 of the United States Code of 

Transportation, 49 U.S.C. §5123 you are liable for a civil penalty of not less than 

$450 for training violations, nor greater than $75,000 ($175,000 if death, serious 

illness, severe injury, or substantial property damage results), for each violation of 

the regulations. After reviewing our investigative file, we propose to assess a civil 

penalty in the amount of$1,000 for these violations. 

Unless you mail or personally deliver, in writing, your request for a hearing in this 

matter, on or before fifteen (15) days after you receive this Final Notice, we will 

issue an Order Assessing Civil Penalty and you will have no further right to a 

hearing. If you do not submit a written request for a hearing, you must pay the 

proposed civil penalty. 

7 
Your request for a hearing must be sent to the Hearing Docket, Federal Aviation 

Administration, 800 Independence Avenue, S.W., Washington, D.C. 20591, 

Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building, Room 2014 

and a copy must be sent to the undersigned FAA attorney. Your request must be 

dated and signed, in accordance with Section 13.16 of the Federal Aviation 

Regulations, sent to you with the Notice of Proposed Civil Penalty (14 C.F.R. 13.16). 

You may pay the proposed penalty by submitting a certified check or money order 

payable to the "Federal Aviation Administration", to the undersigned. 

In the alternative, you may pay your civil penalty with a credit card over the 

Internet. To pay electronically, visit the web site at http://www.pay.gov and 

enter the term 'FAA" in the search bar labeled "Search Public Forms" 

located on the left hand side of the screen. After following the link, click on 

"FAA Civil Penalties-FAA Eastern Region." You must then enter the abovelisted "Docket Number" under the "Civil Penalties Case Number" and you 

must then complete the remainder of the requested information. Once you 

have submitted the requested information you will be taken to a page which 

allows you to either pay by electronic transfer, or by credit card. Fill in the 

requested information in one of these two sections, and submit to complete 

your payment. · 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Jeanine C. Gotimer 

Attorney 

Enclosure (I) 

Option Selection Form 

cc:AEA-700 

8 
Regional Counsel for the Eastern Region Date 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Gene Harrison- 2013EA700064 

Subject Final Notice of Proposed Civil Penaltv 

Response Attachment 

In reply to your Final Notice of Proposed Civil Penalty, I elect to proceed as indicated by my check mark beside the numbered 

paragraph below: 

1. U I hereby submit the amount of the proposed civil penalty with the understanding that an Order Assessing Civil Penalty will 

be issued in that amount. 

2. U I hereby request a fonnal hearing in accordance with Section 13.16 of the Federal Aviation Regulations. 

By sending this form to the Federal Aviation Administration, Eastern Region~ I also hereby 

certify that a copy of this form has been filed with the Hearing Docket Clerk (Hearing Docket, 

Federal Aviation Administration, 800 Independence Avenue, S.W., Room 924A, Washington, 

DC 20591, Attention: Hearing Docket Clerk). 

** Please note that you will not be entitled to a hearing if you file this form with the Federal Aviation Administration Eastern Region. 

WITHOUT having filed this form or a written request for a hearing with the HEARING DOCKET CLERK. 

MY ATTORNEY/REPRESENTATIVE 

Signature 

Name: 

Address: Firm: 

Home Phone No. Address: c-------- Business Phone N~o-. ---- Phone No. _______ _ 

PRIVACY ACT NOTICE 

This notice is provided in accordance with Section (e)(3) of the Privacy Act, 5 U.S.C. §552a(e)(3), and concerns the information 

requested in the letter or form with which this Notice is enclosed. 

A Authority. This infonnation is solicited pursuant to 49 U.S.C.llOl ~~.,and regulations issued thereunder 

codified in Part 13 of Title 14 of the Code of Federal Regulations. Submission of the telephone number is 

voluntary. The request for information is intended to provide you with an opportunity to participate in the 

investigation. 

B. Principal Purnose. The requested information is intended to assist us in contacting you regarding this 

enforcement case. 

C. Routine Uses. Records from this system of records may be disclosed in accordance with the routine uses as 

they appear in System of Records No. DOT IF AA 847 as published from time to time in the Federal Register. 

D. Effect of Failure to Resnond. If you do not provide the requested infonnation, there may be delay in contacting 

you regarding this enforcement case. 
11. Complete ·items 1, 2, and 3. Also complete 

item 4 if Restricted Delivery is desired. 

lllil Print your name and address on the reverse 

so that we can return the card to you. 

11 Attach this card to -the back of the mailpiece, 

or on the front if spac~· permits. -

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B. R8ceived by r M1At·MN~o>el 

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https ://tools .usps.com/ go/TrackConfirmAction.action?tRef=fullpage&tLc= 1 &text28777=. .. 11/25/2014 
Gotimer, Jeanine (FAA) 

From: Jefferson, Sharice (FAA) 

Sent: 

To: 

Tuesday, November 25, 2014 1:02 PM 

Gotimer, Jeanine (FAA) 

Subject: Re: Gene Harrison, FDMS: 2014-0860 

Attachments: Request for Hearing. pdf; Request for Hearing 2.pdf 

Greetings Jeanine, 

As requested. Both documents were received in the Hearing Docket on Oct. 21,2014. 

Sharice Jefferson 

Hearing Docket Clerk 

Adjudication Branch, AGC-430 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Bldg, Room 2W1000 

Washington, DC 20591 

(T) 202-267-0377; (F) 202-493-5142 

Sharice ,jefferson (iilfa a .gov 

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Gene Harrison· 2013EA700064 

Subject Final Notice ofPmposed Civil Penalty 

Response Attachment 

ln reply to your Final Notice of Proposed Civil Penalty, I e[ect to procee:d as indicate(] by my check mark beside the numbered 

paragraph below: · 

I hereby subtnit the amount oftrie proposed civil penalty with the understanding that an Order Assessing Civll-Pena\ty wm 

be issued in that atnount. 

I hereby request- a formal hearing In accordance with Section 13.16 of the Federal Aviation Regulations. 

By sending this form to the Federal Aviation Administration, Eastern Region, I als.o hereby 

certify tlut.t .a copy of this form has been filed with the Hearing Docket Clerk (llearlng Docket, 

Federal Aviation AdrninistraUun, 800 Jr~dcpendence Avenue, S.W .• Room 924A, Washington, 

lJC 20591, Atteu.ti<~n~ H~aring Docket Cluk). 

Name: 

Firm: 

Address:--~----­

PhoneNn. --------

PRIVACY ACT NOTICE 

This notice is provided in accordanx with Section (e)(3) of the Privacy Act, 5 TJ.S.C. §552a(e)(3), and concerns the infonnation 

requested in the letter or form with \-.,·hich this Notice-is enclosed, 

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Authoritv, This infonnation is soHcited pursuant to 49 U.S.C.llOl. }<t gg., and regulations issued thereunder 

codified in Part 13 of Title 14 of the Code of Federal Regulations. Submission of the telephone number is 

voluntary. The request for information is intended to provide you with an opportunity 10 parti-cipate in the 

investigation. 

Princioo! Pumose. The requested information is intended to assist us in contacting you regarding this· 

enforcement case. 

Routine Uses. Records from this system of records may be disclosed in accordance with the routine uses as 

they appear in System of Records No, DOT/FAA 847 as published from time to time in the Federal Recister. 
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Regional Counsel for the Eastern Region Date ;J;

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Federal Aviation Administration /' ( 

1 Aviation Plaza 

Jamaica, NY 1-NYI- -~·-- --

Gene Harrison- 2013EA700064 

-Subject: Final Notice ofProposed Civil Penalty 

Response Attachment 

In reply to your Final Notice af Proposed Civil Penalty, I elect to proceed as lndicatcd by my check mark beside the numbered 

paragraph below: 

t.U 

2f 

I hereby submit the amotmt of the proposed civil penalty with the understanding that an Order Assessing Civil Penalty wiU 

be issued in lhat amount. 

I hereby request a formal hearing in accordance with Section 13.16 of the Federal AviationRegulatkms. 

By sendi11g this furm to the Federal Aviation Administration, Eastern Region, I also hereby 

certify that a copy of this form has been filed with. the Hearing Docket Clerk (Hearing Docket, 

Federal Aviation Administmtion, 800 Independence Avenue, S.W., Room 924A, Washington, 

DC 20591, Attention: Hearing Docket Clerk). 

**Please note that you will not be entitled to a hearing jfvou file this funn with the Federal Aviatio11Administrat1on. Eastern Region 

'r THO liT avin fil this form r a written regucstfor a hearing with the HEARING DOCKET CLERK, 

-·--MY ATTORNE¥/REPRif..SENTATIVE 

Name: 

Finn: 

Address: _____ _ 

Phone No-.:::::::::::: _____ _ 

PRIVACY ACT NOTICE 

Tb.is notice is. provided in accordance with Section (e)(3) of the Privacy Act, 5 U.S.C. §552a(c)(3), and concerns the information 

requested in the letter or form with which this Notice is enclosed. 

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Autboritv. This information is solicited pursuant to 49 U.S.C.ll 01 ~ ~-. and regulations issued thereunder 

codified in Part-13 of Title 14 of the Code of Federal Regulations. Submission of the telephone number is 

voiuntazy. The request for information is intended to provide you with an opportunity to participate in t~e 

inve::.'tigation. 

Principal Purnose. The requested information is intended to assist us in contacting you regarding this 

enforcement case. 

Routine Uses,_ Records __ ftom__thiurs1@ __ gf records mas !Je_ d~Ql.QS.kd in aC:G.Of.~<ill.Qe_wi_tb, the routiJJ~. us.es_&S ____ _ 

they appear in System of Records No. DOT/FAA 847 as published from time to time in the Federal Registec 
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