# RECEIVED U.S. DEPARTMENT OFTRANSPORTATION 

## APR 01 2015

FEDERALAVIATION**ADMINISTRATI~ARING** 

## DOCKET OFFICE OFHEARINGS WASHINGTON, DC


### IntheMatter of: JamesJnaquinJordan Respondent ) ) ) ) ) ) ) ) )



## ________________________) FAADOCKETNo. FAA-2015-0205 FAA CaseNo.2014SW700104 (Civil 

### Penalty Action) FDMSNo. 2015-0205 HON. J.E. Sullivan

COMPLAINANT'S MOTION FORJUDGMENT ON THE PLEADINGS COMES NOW,the Administrator, through Counsel and moves the Administrative Law Judge for a Motionfor Judgment onthe Pleadings inthe above case as no material issues offact exist, as a matter oflaw, as tothe allegations inthe Complainant's Complaint, and as proof thereof, showsthe following: I. By Complaintfiled onFebruary 17,2015, Complainant assessedRespondent a civil penaltyinthe amount of$1,000.00, attached hereto as AttachmentA-1. II. OnDecember 30,2014,the ComplainantprovidedRespondent with a Final Notice of Proposed Civil Penalty. Respondentrequested ahearing via a letter sentto the Hearing Docket
onFebruary 12, 2015. OnFebruary 17, 2015, the Complainant sent viaFedExthe Complaintto the HearingDocket and forwarded a copy ofthe ComplaintviaFedEx inthis matter to Respondent. In this Complaint, the Complainant advised Respondent thathe was required to file
a written answerto the complaintnot laterthan 30 days after service. Respondent's Answershouldhave beenfiled byMarch 24, 2015. However, as ofthis date, Respondent has not filed an
answer to the Complaint. The FAA's Rules ofPractice, 14 C.F.R. §13.209(a), state in pertinent part, "Arespondent shall file a written answer to the complaint, or mayfile a written motion pursuantto §13.208(d) or §13.218(f)(1-4) ofthis subpartinstead offiling an answer, not later than 30 days after service ofthe complaint." Additionally, 14 C.F.R. §13.209(f) explains, "A person's failure to file an answer without good cause shall be deemed an admission ofthetruth ofeach allegation containedinthe complaint." As Respondenthas not filed an answer in this matter, the allegations containedinthe Complaintmustbe deemed admitted. With all ofthe Complainant's allegations deemed admitted, no material issues offact exist, as a matter oflaw. WHEREFORE,the Complainantmoves the Administrative LawJudge enter an Order granting Complainant's Motionfor Judgment onthe Pleadings, thereby affirming Complainant's Complaintproposingto assess Respondent $1,000.00 for his violation of49 C.F.R. §171.2(e), sinceno materialissues offact exist, as a matter oflaw.
Respectfully submitted, ERIC E. ANDERSON Regional Counsel SouthwestRegion

Attorney Federal AviationAdministration SouthwestRegion 2601 MeachamBlvd. FortWorth, Texas 76137

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### CERTIFICATE OF SERVICE Re: James JuaquinJordan, FAACase No. 2014SW700104 I hereby certifythatonMarch 31, 2015, I have sentviaFederal Express an executed original and one copy ofthe Complainant's Motionfor Decision, addressed as follows: Federal Aviation Administration 600 IndependenceAvenue, S.W. WilburWrightBuilding-Suite 2W1000 Washington, DC 20591 Attention: HearingDocket Clerk, AGC-430
I further certifythat onthis date, Ihave sentviaFederal Express atrue copy ofthe Complainant'sMotionfor Decision, addressed as follows:

ERIC E. ANDERSON Regional Counsel SouthwestRegion Hon. J.E. Sullivan, Administrative LawJudge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200NewJerseyAvenue, S.E. (E11-310) Washington, DC 20590
Mr. JamesJuaquinJordan 11980 Carriage ParkLane Johns Creek, Georgia 30097

Dated: March 31, 2015

3U.S. Deportment of Transportation Federal Aviation Administration February 17, 2015 Southwest Region Arkansas, Louisiana, New Mexico, Oklahoma Texas

Via Federal Express Hearing Docket Attention: Hearing Docket Clerk, AGC-430 Federal Aviation Administration 600 Independence Avenue, SW Wilbur Wright Building

- Suite 2Wl000 Washington, DC 20591 Federal Aviation Administration Southwest Region Off1ce of Regional Counsel (ASW-7) 2601 Meacham Boulevard Fort Worth, TX 76137

Re: James Juaquin Jordan, FAA Case No. 2014SW700104 Dear Hearing Docket Clerk: Enclosed please find a copy of James Juaquin Jordan's request for a hearing. In addition, I have enclosed the original and one copy of the complaint in the above-captioned case. I request that this hearing be held in Fort Worth, Texas. I expect the hearing to last two days. Please address all communications for the Regional Counsel, Southwest Region to the undersigned at:

Sincerely, Rebecca Holmes, Attorney Office of Regional Counsel Southwest Region 2601 Meacham Blvd., Fort Worth, Texas 76137

ERIC E. ANDERSON Regional Counsel Southwest Region 1

i ]

Attachment A-1

### U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS WASHINGTON, DC
In the Matter of: James Juaquin Jordan Respondent

JUDGE NOT ASSIGNED FAA DOCKET No. Not Assigned FAA Case No.2014SW700104 (Civil Penalty Action) DMS No. Not Assigned



### COMPLAINT The Federal Aviation Administration (hereinafter "FAA") files its complaint under Rule 208 of the Rules of Practice in FAA Civil Penalty Actions, 14 C.F.R. § 13.208 and states the following: I. By Notice of Proposed Civil Penalty dated September 4, 2014 and Final Notice of Proposed Civil Penalty dated December 30, 2014 James Juaquin Jordan was advised that the Federal Aviation Administration proposed to assess a civil penalty in the amount of $1,000.00. 1. On or about April 24, 2014, you knowingly offered to American Airlines (AALA) a checked bag (AALA Tag 220732) containing undeclared hazardous material for transportation by air aboard American Airlines Flight No. 122 from Dallas/Fort Worth International Airport, Texas to Orlando International Airport, Florida. 2. The hazardous material was discovered during security screening and was identified as one (1) booklet of safety matches and six (6) boxes of 32 count Diamond Brand strike anywhere matches. 3. Matches are classified as a hazardous material under the Department of Transportation Hazardous Materials Regulations (HRM) (49 C.F.R. § 171.1 et seq.).4. The proper shipping name of the booklet of safety matches is Matches, safety. It is in Hazard Class 4.1 (Flammable Solid), and is assigned identification number of UN1944. It is in Packing Group III. The proper label is FLAMMABLE SOLID. 5. The proper shipping name of the strike anywhere matches is Matches, strike anywhere. They are in Hazard Class 4.1 (Flammable Solid), and are assigned identification number of UN1331. They are in Packing Group III. The proper label is FLAMMABLE SOLID. 6. The matches ignited during baggage loading. 7. The safety matches were positioned in your checked bag with the safety match booklet flap in an open position thereby allowing those safety match heads to rub against the "strikestrip" on one of the strike anywhere boxes. 8. You failed to mark the shipment with all applicable identification markings and labels that would indicate the presence of the hazardous materials inside. 9. At all times mentioned herein, the shipment was not accompanied by a Shipper's Certification or Declaration of Dangerous Goods. 10. At all times mentioned herein, the shipment was not accompanied by shipping papers that described the hazardous material and provided emergency response information, including a 24-hour emergency response telephone number. II. 11. By reason of the above James Juaquin Jordan violated the following Department of Transportation Hazardous Materials Regulations (Title 49 of the Code of Federal Regulations):
a. Section 171.2(e), [49 C.F.R. § 171.2(e)] in that you offered hazardous material for transportation by air in commerce when the material was not properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements of subchapter C, the hazardous material regulations.

2III. Pursuant to Section 107.329 of the Hazardous Materials Transportation Law, as amended, [49 CFR § 107.329 and 49 U.S.C. § 5123(a) (1)] James Juaquin Jordan is liable for a civil penalty not to exceed $75,000 for each of the violations alleged. Under the facts and circumstances of this case, a civil penalty of $1,000.00 is appropriate. WHEREFORE, the Regional Counsel for the Federal Aviation Administration, Southwest Region, respectfully requests that the Administrative Law Judge enter an Order that James Juaquin Jordan be assessed a civil penalty in the amount of $1,000.00 for the violations alleged in this complaint. Respectfully submitted this

**17~** day of February 2015.

ERIC E. ANDERSON Regional Counsel Southwest Region



# ny~~r&d~V1A R becca Holmes, Agency Attorney (817) 222-5064
Please Note Pursuant to Title 14 CFR § 13.209(a), you are required to file a written answer to this Complaint, or a written motion to dismiss if appropriate, not later than thirty (30) days after the date shown on the Certificate of Service which is attached to this document.

3

### CERTIFICATE OF SERVICE Re: James Juaquin Jordan, FAA Case No. 2014SW700104 I hereby certify that on February 17, 2015, I have sent via Federal Express an executed original and one copy of the Complaint, addressed as follows: Hearing Docket Attention Hearing Docket Clerk Federal Aviation Administration 600 Independence Avenue, SW Washington DC 20591 Wilbur Wright Building-Suite 2W1000 Washington, DC 20591
I further certify that on this date, I have sent via Federal Express a true copy of the Complaint, addressed as follows: Mr. James Juaquin Jordan 11980 Carriage Park Lane Johns Creek, Georgia 30097

ERIC E. ANDERSON Regional Counsel Southwest Region 

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# ~Xtt{icu!JJ.j}f{!Jd( ebecca Holmes, Agency Attorney (817) 222-5064



### 4 Dated: February 17, 2015**~ort** VJoril1, Texas /613/

11980 Carriage Pa1k latl!.:' JC1hns Creek,

**C~A** 30097

Dear FAA, Please consider this letter a request for- a formal hearing. lcan rerKhed via the above stated address. Sincerely,

James Ju.aquin Jordan (_ .·7 " ··I '<C , (, )"'-· {' / (_-;., {, Cc: Rebecca Holmes