SERVED:April15, 2013 

# RECEIVED

APR 2 22013
In the matter of: 

## HEARING DOCKET
SCOTTTICE Respondent DocketNo. FAA-2013-0042 Case No. 2012NE700211

RESPONSE TO THE FAAMOTION FOR ORDERDEEMINGALLEGATIONSADMITTED AND ANSWERTO COMPLAINT OFJANUARY29, 2013

On March 27, 2013, I was served an order to file a written Response to the FAA's March 20, 2013 Motion for Order Deeming Allegations Admitted and to Limit Hearing to Issue ofCivil Penalty, and to specifically state any reasons why I did not file a timely Answer to the Complaint. My response is that I believedthat what was required ofme atthe time was to either pay the proposed civil penalty of$600

or request a hearing in the matter. I chose to requestthe hearing, did so in a timely fashion, and sent copies ofmy request to the other parties listed onthe Service List. Ifthere was more that was required ofme, I am still unsure ofwhat that is.

I was also ordered to file a writtenAnswerto the January 29,2013 Complaint. My answer, which has been conveyed to the FAAin written form in an email the day I received the original complaint, and verbally inmultiple phone conversations withAttorney Sargent since that time, is that the fuel can in question was nearly empty. Its presence in my checkedbag was simply an oversight on mypart,

an honest mistake offorgetting to properly dispose ofa piece oftrash, for which I sincerely apologize. I don't believe the small amount offuel that remained in the canister constituted a significant threat to anyone's safety and don't feel that the offense offorgetting to throw it outjustifies a fine ofhundreds of dollars. I flew to Vermont without any fuel in my baggage, andpurchased the fuel canister in question
at a local camping supply store before embarking on a week long hike onthe Long Trail, during which time I used up the fuel cooking mymeals and warming my dishwater. The end point ofmy backpacking trip was inManchester, where my sister lives. When I arrived there I washed my dirty clothes and disposed ofwhat little food I had left, then spent a week enjoying the hospitality ofmy sister and her family. Unfortunately, as I have explained to the FAA repeatedly, the spent fuel canister remained packed inside ofmy cookpots where I did not see it, and I forgot to dispose ofitbefore boarding the plane to return home a week later.

In response to each specific allegation: 

### 1. I was a ticketed passenger on Cape

### Air flight 60 on September 11, 2012. 2. I did offer my backpack as checked baggage on said flight. 3. TSApersonnel did inspect my backpack and did find one nearly empty container of
stove fuel that I hadforgotten to dispose of. 4. The container was marked Danger, Extremely Flammable, Contents Under Pressure. However, these warnings should be understood to apply when the container is full, as an empty container would neither be dangerous, nor flammable, nor have contents that are under pressure. My point here is that since the container in question was mostly empty, the level ofactual danger posed should be understood to be very much lower than that posed by a full container ofsuch fuel. 5. The fuel in question is classified as hazardous material as stated. 6. The fuel is a liqnified petroleum gas and is forbidden for transportation on passenger-carrying aircraft, although there must be exceptions for small quantities because cigarette lighters are permitted on passenger-carrying aircraft. 7. I had intended to dispose ofthe nearly empty fuel canister after my backpacking trip, but forgot to do so. Therefore, since I was unaware that the canister was still in my backpack, I did not provide a Shipper's Certification or Declaration for Dangerous Goods. 8. I had intended to dispose ofthe nearly empty fuel canister after my backpacking trip, but forgot to do so. Therefore, since I was unaware that the canister was still in my backpack, I did not properly class, describe, package, mark, label, orput it in the proper condition for shipment. 9. I had intended to dispose ofthe nearly empty fuel canister after my backpacking trip, but forgot to do so. Therefore, since I was unaware that the canister was still in my backpack, I did not add the certificationrequired by the statues mentioned. 10. I had intended to dispose ofthe nearly empty fuel canister after my backpacking trip, but forgot to do so. Therefore, since I was unaware that the canister was still inmy backpack, I did notprovide 2 copies ofthe required shipper's certification. 11. I had intended to dispose ofthe nearly empty fuel canister aftet my backpacking trip, but forgot to do so. Therefore, since I was unaware that the canister was still inmy backpack, I did not mark itwith the proper shipping name and number, nor did I precede the missing marking with "UN" or "NA", nor was the missing marking done durably and in English. 12. I had intended to dispose ofthe nearly empty fuel canister after my backpacking trip, but forgot to do so. Therefore, since I was unaware that the canister was still in my backpack, I did not make emergency response information immediately available. 13. I had intended to dispose ofthe nearly empty fuel canister after my backpacking trip, but forgot to do so. Therefore, since I was unaware that the canister was still in my backpack, I did inadvertently offer a small amount ofa forbidden material for transportation aboard a passenger-carrying aircraft. 14. I had intended to dispose ofthe nearly empty fuel canister after my backpacking trip, but forgot to do so. Therefore, since I was unaware that the canister was still in my backpack, I did inadvertently violate the law as noted previously.

I am definitely guilty offorgetfulness, butI do not believe that a nearly empty fuel canister cushioned inside oftwo titanium pots, surrounded by a sleeping bag and a tent, inside ofchecked baggage withno
means ofeitherreleasing or igniting what small residue ofcombustible material remained, constituted a significant threat to anyone's safety, even ifit had not been detected and removed by the Transportation Security Adruiuistration agents at the airport. It was stupid ofme to forget to throw it out, and I don't think I'll ever make such a mistake again, but Ijust need to ask that some common sense be used in deciding whether this is even an offense worthy ofprosecution, let alone a fme ofhundreds ofdollars.

I sincerely hope that I have now complied with the orders that were given me by Judge Sullivan, and I also hope this explains why I amrequesting a hearing. I am obviously not an attorney, and can't afford to retain one for a matter such as this, therefore I must ask the court for forgiveness ifI have failed to follow the proper procedures in some regard. I have tried to the best ofmy abilities to comply with everything that has been asked ofme so far and will continue to do so.Unless the FAA's request for anorderDeemingAllegationsAdmitted andLimiting the Hearing to the Issue.ofCivil Penaltywould preventmefrom entering evidencethatthe statements I have made inmy
answerto the allegations are true, I have no objectionto suchanorder. I would ask, however, thatthe FAAbe ordered to weighthe container offuel in question to determine howmuch combustible material

was actually involved.

I believethat it

### is quite a commonoccurrence for peopleto forget thatthey have prohibited items in theirbaggage or ontheir personwhenthey are boarding airplanes. I also believethat normally when these things happen andit seemsthatthe offense 

### was unintentional, evenitems such as bullets or shotgun shells whichcould potentiallybe quite dangerous are simply confiscated without further prosecution. I would suggestthat a nearly empty canister ofbackpacking stove fuel couldhave, and shouldhave, beenhandled the same way. I hope thatcommon sense will be used at some point and that someone withthe authority to so 

### willdecide thatthis case 

### is simplynotworthy ofprosecution, since it 

### was completely unintentional anddid not constitute a significant threat to anyone.

ScottTice

Attachment: Service List

### FDMS No. FAA-2013-0042 (Civil Penalty Action)



### SERVICE LIST- BY U.S. 

### MAIL

ORIGINAL & 

### ONE COPY

Federal AviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2W1000

Mr. R. 

### Bennett Sargent, Esq. Complainant's Counsel Office ofthe Regional Counsel, ANE-7 New England Region Federal AviationAdministration 12 New England Executive Park Burlington, MA01821
Judge J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590



### Mr. Scott Tice Pro se Respondent 21125 Timberland Rd. Barronett, WI 54813 

### ONE COPY