07/17/2012 11:38 7812387055 FAA NE REGIONAL CNSL PAGE 02/05 

U.S. Deportment 

of Tronsportotlon 

Fadarar Aviation 

Administration 

12 New England Executive Park 

Burlington, MA 01803-5299 

July 17, 2012 

FACSIMILE & U.S. FIRST CLASS MAIL 

Hearing Docket 

Federal A viati.on Administration. 

800 Independence Avenue, SW 

Wilbur Wright Building, Suite 2WI 000 

Washi.ngton, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

1: 52 Telephone: (781) 238-7058 

FAX: (781) 238-7044 

In the Matter of Anthony Tremblay ( f .DO'\ S clc I~-() '7 8"0 (d--ora- f\OJ A- C'f\J ... It orr Cf 

Docket No. CPCase No. 2012NE700040 Hazardous Materials 

Dear Sir or Madam: 

Enclosed are an original an.d one copy of the complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in Boston., MA~ and expects that the 

hearing will last one day. 

Please serve all documents in this matter on the undersigned FAA attorney at 1.2 New England 

Executive Park, ANE-7, Burlington, Massachusetts 01803. 

S~y, 

VINVI::aENNEIT 

Senior Attorney 

Enclosures 

cc: Christopher Waterman 

Anthony Tremblay 
07/17/2012 11:38 7812387055 FAA NE REGIONAL CNSL 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the matter of: 

ANTHONY TREMBLAY 

) 

) 

) FAA DOCKET CP 2012NE700040 

) 

_________________________ ) ) 

JUDGE NOT ASSIGNED 

COMPLAINT 

PAGE 03/05 

The Fedeml Aviation Administration (FAA) hereby files its complaint, under Rule 208 of 

the Rules of Practice in, FAA Civil Penalty Actions~ 14 CFR § 13 .208, and states the follo'Wing: 

I. 

Respondent Anthony Tremblay was advised through a Final Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in the amount of$1~000. On Jul,y 16, 

2012, Respondent submitted a written request for a hearing. 

II. 

1. On or about November 22, 2011, you we:re a ticketed passenger aboard United Airlines 

Flight 893 Departing Boston Logan, International airport, Boston Massachusetts, with 

checked baggage. 

2. When representatives of TSA inspected your checked. baggage, they found that it 

contained a 1.00 ml Xikar butane cylinder, approximately half full. 

3. The proper shipping name for your Xika.r. butane cylinder is Petrolewn gasses, liquefied~ a 

hazard class 2.1 product~ with an assigned UN code UNI 075. 

4. By reason of the above, your checked baggage was an undeclared shipment of hazardous 

materials within the meaning ofthe Hazardous Materials Regulations (49 C.F.R. part 171 

et sec). 

5. Petroleum gasses, liquefied, are forbidden, aboard passenger aircraft~ as indicated by 

column 9(a) of 49 C.F.R. Section 172.101. 

6. By reason of the above, you offered a hazmat shipment of forbidden hazardous material, 

for transportation aboard passenger aircraft. 
07/17/2012 11:38 7812387055 FAA NE REGIONAL CNSL PAGE 04/05 

7. By reason of the foregoing facts and circumstances, Anthony Tremblay violated 

the following Department of Transportation Hazardous Materials Regulations (Title 49, Part 171 

et seq.~ Code of Federal Regulations): 

a) Section 171.2(a), in that each person who performs a function covered by this 

subchapter must perform that function in accordance with this subchapter. 

b) Section 171.2(e)~ in that no person may offer a hazardous material for transportation 

in commerce unless the 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. 

c) Section 173 .l (b), in that each person. who offers a hazardous material for 

transportation must prepar.e that shipment in accordance with this subchapter. 

d) Section 173.27(b)(l), in that no person may offer for transportation aboard a 

passenger carrying aircraft a material marked 'forbidden~~ in column 9(a) of the 

§172.1.01 table. 

III. 

8. Under 49 U.S.C. §5123t respondent is subject to a civil penalty for each of the 

foregoing violations of the FAA's regulations. The maximum penalty per violation, as adjusted 

under 14 C.F.R. §13.305, is $50,000. 

9. Under the facts and circwnstances ofthi.s case, a civil penalty of.$1 ,000 is appropriate. 

WHEREFORE, Complainant respectfully requests that the administrative law judge enter 

an order that respondent be assessed a civil penalty in the amount of$1~000, 

Respectfully submitted this l~~ day of 1+ 2012 

CHRISTOPHER POREDA 

Regional Counsel 

By: 

JJY 

VINCENTJ.BENNETT 

Senior Attorney 
07/17/2012 11:38 7812387055 FAA NE REGIONAL CNSL PAGE 05/05 

CERTIFICATE OF SERVICE 

I certify that I sent by Facsimile and First Class Mail the Complaint in th.e matter ofF AA 

v. Anthony Tremblay, FAA Case# 2012NE700040 addressed to the following: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2Wl. 000 

Washington, DC 20591 

Fax: (202-493-5142) 

I also hereby certifY that I have sent by Certified Mail, Retur.:tl. Receipt Requested a copy 

of the forgoing addressed to (7009 2820 0001 2289 3191): 

Respondent's Attorney 

Christopher Waterman 

Demo & Associates, P.C. 

One Lewis Wharf 

Boston, MA 02110 

And (7009 2820 000), 2289 3207) 

Respondent 

Mr. Anthony Tremblay 

5 Jade Road 

Merrimack, NH 03054 

ili~elanson 

dq atM~ July 17,2012 

Paralegal