RECEIVED 

U.S. DEPARTMENT OF TRANSPORTATION APR 01 2015 

FEDERAL AVIATION ADMINISTRATI~ARING DOCKET 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of: 

James Jnaquin Jordan 

Respondent 

) 

) 

) 

) 

) 

) 

) 

) 

) 

________________________ ) 

FAA DOCKET No. FAA-2015-0205 

FAA Case No.2014SW700104 

(Civil Penalty Action) 

FDMS No. 2015-0205 

HON. J.E. Sullivan 

COMPLAINANT'S MOTION FOR JUDGMENT ON THE PLEADINGS 

COMES NOW, the Administrator, through Counsel and moves the Administrative Law 

Judge for a Motion for Judgment on the Pleadings in the above case as no material issues of fact 

exist, as a matter oflaw, as to the allegations in the Complainant's Complaint, and as proof 

thereof, shows the following: 

I. 

By Complaint filed on February 17,2015, Complainant assessed Respondent a civil 

penalty in the amount of $1 ,000.00, attached hereto as Attachment A-1. 

II. 

On December 30,2014, the Complainant provided Respondent with a Final Notice of 

Proposed Civil Penalty. Respondent requested a hearing via a letter sent to the Hearing Docket 

on February 12, 2015. On February 17, 2015, the Complainant sent via FedEx the Complaint to 

the Hearing Docket and forwarded a copy of the Complaint via FedEx in this matter to 

Respondent. In this Complaint, the Complainant advised Respondent that he was required to file 

a written answer to the complaint not later than 3 0 days after service. Respondent's Answer 
should have been filed by March 24, 2015. However, as of this date, Respondent has not filed an 

answer to the Complaint. The FAA's Rules of Practice, 14 C.F.R. §13.209(a), state in pertinent 

part, "A respondent shall file a written answer to the complaint, or may file a written motion 

pursuant to §13.208(d) or §13.218(f)(1-4) of this subpart instead of filing an answer, not later 

than 30 days after service of the 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 of the truth 

of each allegation contained in the complaint." 

As Respondent has not filed an answer in this matter, the allegations contained in the 

Complaint must be deemed admitted. With all of the Complainant's allegations deemed 

admitted, no material issues of fact exist, as a matter oflaw. 

WHEREFORE, the Complainant moves the Administrative Law Judge enter an Order 

granting Complainant's Motion for Judgment on the Pleadings, thereby affirming Complainant's 

Complaint proposing to assess Respondent $1,000.00 for his violation of 49 C.F.R. § 171.2(e), 

since no material issues of fact exist, as a matter of law. 

Respectfully submitted, 

ERIC E. ANDERSON 

Regional Counsel 

Southwest Region 

Attorney 

Federal Aviation Administration 

Southwest Region 

2601 Meacham Blvd. 

Fort Worth, Texas 76137 

2 
CERTIFICATE OF SERVICE 

Re: James Juaquin Jordan, FAA Case No. 20 14SW700 104 

I hereby certify that on March 31, 2015, I have sent via Federal Express an executed 

original and one copy of the Complainant's Motion for Decision, addressed as follows: 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building-Suite 2W1 000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

I further certify that on this date, I have sent via Federal Express a true copy of the 

Complainant's Motion for Decision, addressed as follows: 

ERIC E. ANDERSON 

Regional Counsel 

Southwest Region 

Hon. J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

Mr. James Juaquin Jordan 

11980 Carriage Park Lane 

Johns Creek, Georgia 30097 

Dated: March 31, 2015 

3 
U.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. 

2 
III. 

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 

(J tJ,!U ~~ ~ t 

By= ~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. l can rerKhed via the above stated address. 

Sincerely, 

James Ju.aquin Jordan 

(_ .·7 " ··I '<C , (, )"'-· {' / (_-;., {, 

Cc: Rebecca Holmes