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SCOTT R.MORWS 

FAA OFFICE OF REGIONAL Cour-fSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: 425.227.1417 

FACSIMILE: 425.227. J 007 

';^:^RTMENT OF 

MvppORTMlON 

;;; 1 o??m\om 

'•::\ - u P 1-58 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON»D.C. 

In the Matter of: 

LISA GAMACHE'WORTMAN 

FAA DOCKET CP10AL0005 

FAA Case No. 2009AL700103 

DMSNo.FAA-2010-1081 

Judge: Richard C. Goodwin 

To: Honorable Richard C. Goodwin 

Motion for Decision, OR in the alternative, Motion for Summary Judgment hereafter 

limiting the hearing to a determination as to the appropriate sanction 

Pvirsuant to section 13.218(f)(5) of the Federal Aviation Administration's (FAA's) Rules 

of Practice in Civil Penalty Proceedings 14 C.F.R. § 13.218(f)(5). the Administrator of the FAA 

files this Motion for Decision. 

Motion for Decision. OR in the alternative. Motion for Summary Judsanent hereafter limiting the 

hearing to a determination as to the appropriate sanction 

Pursuant to section 13.218(f)(5) of the Federal Aviation Administration's (FAA's) Rules 

of Practice in Civil Penalty Proceeding, 14 C.F.R. § 13.218(f)(5), the Administrator of the FAA 

files tliis Motion for Decision. 

Introduction 

This Court should grant this motion for decision because there are no genuine issues of 

material fact and FAA is entitled to a decision as a matter of law. This case involves tlie 

Respondent offering for transportation in air commerce undeclared flares and shotgun shells as 

Complainant's Motion for Decision 

In tlic Matter of Lisa Gamache-Worttnan 

CPlOALOOftOS 

Page 1 of5 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX; 425.227.1007 
12/29/2010 16:53 4252271007 ANM7 PAGE 03/10 

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part of a shipment identified as "Household goods" and this shipment was to be transported from 

Alaska to Washington. These flares subject to the regulatory requirements of tlie Hazardous 

Material Regulations in 49 C.F.R. Parts 171 - 178. 

Procedural Background 

On November 4,2010, Respondent requested a hearing in response to the Complainant's 

Final Notice of Proposed Civil Penalty. On November 23, 2010, the Agency issued a Complaint in 

this case. Notice of this certified letter was left at Respondent's address on November 24,2010, 

and as of December 29, 2010, she has failed to claim the letter. See Exhibit 1 (USPS Track and 

Confirm). Furthermore, the regular mail to this address had not returned. See Exliibit 2 

(Declaration of Moifair Chin). In both letters, the Complainant specifically informed the Respondent 

that she had 30 days to file an Answer. 14 C.F.R, § 13.209(a). Respondent has failed to Answer the 

Complaint and she has not communicated any good cause for not answering the Complaint. As 

such, the allegations in the Complaizit "shall be deemed an admission of the truth of each allegation 

contained in the Complaint." 14 C.F.R. § 13.209(f). 

ARGUMENT 

I. Motion for Decision Standard 

Pursuant to 14 C.F.R. § 13.218(f)(5), "[t]he administrative law judge shall grant a party's 

motion for decision if the pleadings, depositions, answers to interrogatories, admissions, matters 

that the administrative law judge has ofBoially noted, or evidence introduced during the hearing 

show that there is no genuine issue of material fact and that the party making the motion is 

entitled to a decision as a matter of law." Here, since the facts and regulatory violations should 

be deemed admitted, no genuine issue as to a material fact remains in this case. The Respondent 

Complainant's Motion for Decision 

In the Matter of Lisa Gainache-Wortman -

CP10AL00005 

Page 2 of 5 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425,227,1007 
12/29/2010 15:53 4252271007 ANM7 PAGE 04/10 

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by default has admitted the factual allegations necessary to prove the allegations set forth in tlie 

Complaint. 

II. Respondent should be assessed $2.500. 

A person who knowingly violates tlie statute or regulations pertaining to the 

transportation of hazardous material "is liable to the United States Govermnent for a civil penalty 

of at least $250 but not more than $50,000 for each violation." 49 U.S.C. § 5123(a).^ When 

detenxiining the amount of a civil penalty, Congress has dictated that the following factors be 

considered: (1) the nature, circumstances, extent, and gravity of the violation; (2) the violator's 

degree of culpability, history of violations, and the ability to pay; and (3) other matters that 

justice requires. 49 U.S.C. § 5123(c). 

To guide the FAA's prosecutorial discretion, the Agency developed penalty guidelines to 

aid the application of the statutorily defined penalty considerations and "to promote a relative 

consistency in detemuning civil penalties for violations of the Department of Transportation 

Hazardous Material Regulations[.]" FAA Order 2150,3B, Appendix C (October 1,2007) 

(hereafter Sanction Guidance), FAA's use of the sanction guidance table to determine the 

appropriate civil penalty normally should not be disturbed unless other factors justify the 

reduction of an otherwise reasonable assessment. Tram World Airlines, Inc., FAA Order no. 98-

11 (June 16,1988), Under the penally guidelines, sliippers are divided into subcategories that 

correspond with subparts of the HMR. 

Because Respondent is an individual, she is considered a Category A Offender for 

sanction purposes. Sanction Matrix, at Figure C-1 (page 12). This case involves an undeclared 

shipment that was within quantity limitations and therefore is considered an Offense Category II 

Complainant's Motion for Decision 

In tiie Matter of Lisa Gamache-Wortman 

CPIOAL00005 

Page 3 of 5 

SCOTT R. MORR].$, FAA ATTORNEY 

TEL; 425.227.1417; FAX: 425.227.1007 
12/29/2010 15:53 4252271007 ANM7 PAGE 05/10 

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for sanction purposes. Id Therefore, the sanction range for each non-multiplicious violation is 

$500-$1,100. 

Respondent has committed at least five non-multiplicious violations: no shipping papers, 

markings, labels, packaging, or emergency response infonnation. 

In this case the Administrator's guidance provide in this case an aggregate sanction range 

of $2,500 - $5,500. The requested sanction of $2,500 is at the bottom end of this range even 

prior to considering any aggravating or mitigating factors. There are no mitigating factors that 

have been presented by the Respondent that have not already been considered by it. 

Deference should be given to the Administrator's proposed sanction. "[A]n administrative 

agency is entitled to substantial deference in assessing the civil penalty appropriate for a violation of 

Its regulations. The agency's choice of a sanction is not to be overturned unless it is unwarranted in 

law or without justification in fact," NL Industries Inc. v. Dept. of Transportation, 901 F.2d 141, 

144 (D.C.Cir. 1990). 

Conclusion 

The FAA respectfully requests that this Court grant the above Motion for Decision. If 

any further litigation is warranted, the pleadings clearly establish that it should be limited to the 

sanction to be imposed in this case. 

Respectfully submitted this 30th day of December 2010. 

loms 

FAA Attorney 

TTje statute that govems Hhe transportation of hazardous materia.1 is 49 U.S.C- § 5I0I, et seq. 

Complainant's Motion for Decision 

In the Matter of Lisa Gamacitc-Worttnan 

CP10ALOOOQ5 

Page 4 of 5 

ScoTT R. MoRjus, FAA ATTORNEY 

TEL: 425.227.1417; FAX; 425.227.1007 
12/29/2010 15:53 

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4252271007 ANM7 PAGE 05/10 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complainant's Motion for Decision has been served via 

facsimile and certified mail - Return Receipt Requested this date, to the following: 

The Honorable Richard C. Goodwin 

Office of hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Rm E12-320 

Washington, D.C. 20590 

TEL: 202.366.2139 

FAX: 202.366.7536 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2WJ 000 

FAX; 202.493.5020 

I hereby certify that the foregoing Complainant's Motion for Decision has been served via 

Regular and Certified Mail - Return Receipt Requested this date, to the following: 

Lisa Gamache-Wortman 

P.O. Box 12793 

01ympia,WA 98508-2793 

TEL: 360.866.0892 

Dated this 30th day of December, 2010. 

MOIFAIR CHDT ^— 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton,WA 98057 

425.227.2160 

Complainant's Motion for Decision 

In the Matter of Lisa Gamache-Wortmati -

CPIOAL00005 

Page 5 of 5 

SCOTT R, MORRIS, FAA ATTORNEV 

TEL: 425.227.1417; FAX: 425.227.1007 
12/29/2010 15:53 4252271007 

uc>ra - iracK <K k^oniirm 

ANM7 PAGE 07/10 

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Label/Receipt Number. 7009 16S0 0001 2073 4488 

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OLYMPIA, WA 98508 and a notice was left. No further information is 

available for tliis item. 

Detailed Results: 

• Notice Loft, November 24, 2010, 10:33 am, OLYMPIA. WA 88S08 

• AmVal at Unit, Nov«mber 24,2010,10:33 am, OLYMPIA, WA 98S01 

NatificatJon Options 

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http://trkcnfrml.snu.usps.coni/PTSIntemetWeb/InterLabclInquiry.do 12/29/2010 
12/29/2010 IE: 53 4252271007 ANM7 PAGE 08/10 

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MOIFAIR CHIN 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RJENTON, WASHINGTON 98057 

TELEPHONE: 425/227-2160 

FACSIMILE: 425/227-1007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

FAA Case No, 2009AL700103, 

Lisa Gainache-Wortman 

DECLARATION OF MOIFAIR CHIN 

DECLARATION 

I, MOIFAIR CHIN, declare under penalty of perjury that the following is true: 

1. I am, employed by the Federal Aviation Administration (FAA) as the Legal Assistant and 

Freedom of Information Officer in the Northwest Mountain Office of Regional Counsel, and 

have served in this position since February, 2007. My assigned duty station is the FAA Regional 

Headquarters, Northwest Mountain Region, Renton, Washington. I have responsibility for and 

train others regarding docket management, review of documents, analysis of documelits, drafting 

and processing of litigation documents, processing of enforcement documents, including 

distribution and mailing for the National Transportation Safety Board, Department of 

Transportation, and seven states. 

2. I have personal knowledge of the FAA's process for mailing and distribution of documents, 

including enforcement documents such as Notice of Civil Penalty, Final Notice of Civil Penalty, 

Orders, Complaint, Discovery Requests, and Litigation Pleadings. 

Peclataticti of Mailing 

Moifair Chin 

Page 1 of3 

MOIFAIR CHIN, OpncE OF FIEGIONAT., CotwsEL 

TEL: 425.227.2160; FAX; 425.227.1007 
12/29/2010 16:53 4252271007 ANM7 PAGE 09/10 

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3. I routinely verify receipt of documents mailed to recipients. 

4. The policy for mailing and distribution of documents mentioned in 3 above, has been and 

currently processed by the Northwest Mountain Office of Regional Counsel at 1601 Lind Avenue 

SW; Renton, Washington is to mail document via United States Postal Service (USPS) regular 

and certified mail for all documents sent to individual recipients. 

5. On October 14,2010 this office sent Lisa Gamachc-Wortroan a Final Notice of Proposed 

Civil Penalty. I personally prepared the document and mailing labels. I sent it via USPS regular 

and certified mail -return receipt requested and placed it to be mailed through our FAA 

mailroom. 

6. On November 1, 2010 Ms. Gamache-Wortman signed and received the USPS certified mail 

dated October 14, 2010. 

7. On November 4, 2010, Ms. Gamache-Wortman sent this office her request for a hearing and 

for fixture document to be sent to P.O. Box 12793; Olympia, Washington 98508-2793. 

8. On November 23,2010, this ofQce sent a copy of the Complaint to Ms, Gamache-Wortman to 

the address she provided per 7 above via USPS regular and certified mail-return receipt 

requested. 

Declaration o/JHaUing 

Moifair Chin 

Page 2 of3 

MOIFAIR CHIN, OFFTCE OF REGIONAL COUNSEL 

TEL; 425.227.2I$0; FAX; 425.227.1007 

e x . ^-2, 
12/29/2010 IB: 53 4252271007 ANM7 PAGE 10/10 

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9. As of today, December 29, 2010, the USPS regular mail has not been returned to our office 

and the certified mail #7009 1680 0001 2073 4486 was delivered to the post office box witii a 

"Notice Left" on November 24, 2010 at 10:33 a.m. 

10. When the USPS regular and certified mail are not returned to our office as "undeliverable," 

this office considers the recipient received the document(s) mailed. 

DATED this 29* day of December, 2010. 

MOIFAIR CHIN 

Declaration of Matting 

Moifair Chin 

Page 3 of 3 

MoiFAjs ci-iiN, OFFICE OF REGIONAL COUNSEL 

TEL: 425.227,2160; FAX: 425.227,1007