08/15/2012 14:50 FAX 2024835142 

U.S. Department 

of T ransportatlon 

Federal Aviation 

Administration 

August 3, 2012 

OVERNIGHT MAlL 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2WIOOO 

FAA 

ATTN: HEARING DOCKET CLERK 

Re: Tn the M~:~.tter of Timothy Gauna 

Case No. 2010-GL-70-0109 

+ OMS 

Great Lakes Region 

Regional Counsel, AGL-7 

2300 East Devon Avenue 

Des Plaines, Illinois 60018 

847/294-7109 

~001/008 

RECEIVED 

AUG ... 6 2012 

HEARI.NG DOCKET 

Enclosed herein please lind a copy of a request for hearing and the original and oz~c copy of the 

Federal Aviation Administration's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Chicago area, and expects that the hearing will last one day. 

Please address all conummicalions tor the Federal Aviation Administration to the attention of Kate 

Barber, Oftlcc ofthe Regional Counsel, 2300 East Devon Avenue, Des Plaines, Illinois 60018. 

Enclosures 

cc; AGL-700 
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US. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OPflCE OF HEARINGS 

W ASI TINGTON, D.C. 

In the Matter of Timothy Gauna 

201 0-GL-70-01 09 

Judge Not Assit:.'Iled 

COMPL,t\INT 

RECEIVED 

AUG- 6 2012 

-HEARING oOCKET 

The Federal Aviation Administration (FAA or Complainant), by counsel, hereby 1lles its 

Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I 

On April 29, 2010, Respondent was advised through a Notice of Proposed Civil Penalty 

that the FAA proposed to assess a civil penalty in the amount of$4,860. On July 18, 2012, a 

Final Notice of Proposed Civil Penalty in the ain()Unt of $4,860 was is~med. On July 20. 2012, 

Respondent submitted a written request for a hearing. 

(( 

I. On or about .February 8, 20 I 0, you (Mr. Timothy Guana, 2516 Lincoln Street, Evfllb~On, IL 

60201 ), offered an und<X::lared and ha7..ardous matt..Ti.als shipmerit to United Parcel Service store (UPS) 

lD'lder air waybill (A WB) 1ZX600670300624218 for air transportation to Vieques, Puerto Rico. 

2. The package was dropped while being offloadcd at the UPS sort center in Northbrook. 

Illinois and began to leak. Up::>n investigation it WdS discovered that the package comained undeclared 

hazardous materials. 
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3. The shipment under A WB 1 ZX600670300624218 was a 1 piece shipment, 

containing the following regulated materials: 

a A Ontl gallon can of spar ureLhane, properly idcnliliedand classed as UN 1263, 

Paint, Class 3 PG lll. 

h. Seven (7) cans ofpnming seal, properly identified and classed as UN 1950, 

Aerosols non-flammable, Clas$ 2.2. 

c. One (I) utility lighter, properlyidenti1ied and classed as UN 1057, Lighter, 

Class 2.1. 

4. The materials within the shipment are classified as hazardou.-:; materials under Section 

.\.: 

172.1 01 of the I Iazardou.~ Materials Regulations. 

5. There were no markings or label~ on the package to indicate that it contained 

hazardous materials. 

6. You offered the above-described hazardous material f()r transportation in. air 

commerce and it was not properly labeled or marked. 

7. You offered the above-described hazardOlL~ material for transportation in air 

commerce without proper shipping papers. 

8. You oHered the above-described hazardous material for transportation in air 

commerce wlthout a certification that the material is oflcrcd lor transportation in accordance with 

prescribed regulations. 

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9. Yott offered the above-described ha7.ardous material for transportation in air 

commerce without marking the package with the proper shipping name·and identification 

number.· 

10. You offered the above-described h~ardous material for transportation in air 

commerce without the emergency response infom1ation, including the emergency response 

telephone number. 

II. You offered the above-described ha:!ardous material for transportation in air 

co1runcrce without authorized hazardous materia] packaging. 

lll 

~ 004/008 

By reason of the above. it appea.t·s that Tirnothy Gauna violated the following Department of 

Transportation Hazardous Materials Regulations: 

a) 49 CFR § 171.2(e)) in that you offered a hazardous material for transportation in air 

commerce that was not properly packed, classed, described, marked, labeled and was 

not in condition for shipment as required by the Hazardous Material Regulations. 

b) 49 CFR§ Part 172.200(a) in that you otfered a hazardous material for trMspoi1ation 

and did nol properly describe that material on the shipping paper. 

c) 49 CFR § 172.204(a), in thal you offered a ha:t:ardous _material for transportation and 

did not properly ccrti{y that material in accordance with the regulations. 

d) 49 CFR § 172.301 (a), in that you offered a h~ardous material for transportation in a. 

non-bulk package and did not properly mark that material in accordance with the 

regulations. 

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e) 49 CFR § 172.400(a), in that you offered a hazardous material for transportation and 

did not properly label that material in accordance with the regulations; 

f) 49 CFR § 172_600(c)(2), in that you oti0red a hazardous material for transportation 

and did not provide emergency response infonnation in accordance with the 

regulations; 

g) 49 Cl iR § 1 73 .1 (b), in that you otlcred a hazardous material for transportation when 

that material was not prepared in accordance with the regulations. 

h) 49 CFR § 173_24(c)(1), in that you packaged an una·uthorized hazardous material not 

specified in the relevant sections of 172.101. 

JV 

Pursuant to 49 U.S.C. §5 I 23, Respondent is subject to a civil penalty of at least $250 but not more 

than $50,000 for each of the violations alleged. Under the facts and circumstances of this case, a 

civil penalty of $4,860 is appropriate. 

Under the facts and circumstances ofthis case, a civil penalty of$4,860 is appropriate. 

a/,~. 

·(\~teBar 

~o/ Attorney 

/ Federal Aviation Administration 

2300 East Devon A venue, AGL-7B 

Des Plaines, Hlinois 60018 

84 7/294-7R62 

Fax: 847/294-7498 

4 
08/15/2012 14:50 FAX 2024835142 FAA + OMS tal 008/008 

NOTE: 

The Rules of Practice for this proteeding are set forth in Part 13, Subpart G, ofthe 

Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must 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. A general denial is deemed a failure to file an 

answer (Section 13.209(e)). · 

CERTIFICA TR OF SERVICE 

1 hereby certify that the foregoing Complaint has sent via Overnight Mail as 1ol1ows: 

Overnight Mail 

(Original & One Copy) 

Overnight Mail 

Lc 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Wilbur Wright Building, Suite 2WIOOO 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AOC-4~0 

Mr.Tirnothy Gauna 

25 I 6 Lincoln Street 

Evanston,lL 60201 

Federal Aviation Administrdtion 

Office of Regional Cow1sel 

2300 East Devon Avenue, AGL-7 

Des Plaines, Illinois 60018 

5