U.S. Department of Transportation Federal Aviation Administration August 15,2014 Northwest Mountain Region Office of Regional Counsel Colorado, Idaho, Montana, Oregon, Utah, Washington, Wyoming 

# RECEIVED AUG 1 9 2014 

## HEARING DOCKET 1601 Lind Avenue S.W. Renton, Washington 98057 Tel: (425) 227-1847 Fax: (425) 227-1007 kyle.lomazow@faa.gov

VIAFACSIMILE AND CERTIFIED MAIL- RETURN RECEIPT REQUESTED Attn: Hearing Docket Clerk, AGC-430 Hearing Docket Federal Aviation Administration (Wilbur Wright Bldg-- Room 2Wl000) 800 Independence Avenue S.W. Washington, D.C. 20591 

### Re: In

### theMatter Global Arms and Ammunition, Docket No. FAA-2014-0320 FAA Case No. 2012NM710034 Enclosed is an original and one copy ofthe Complaint inthe above-referenced proceeding along with Respondents Notice ofAppeal. The Federal Aviation Administration (FAA) requests thatthe hearing inthis matter be held in Seattle, Washington, and expects that the hearing will last one (1) day. Please address all communications for the FAA to the undersigned at:

Sincerely,

# ~ Federal Aviation Administration Northwest MountainRegion, ANM-7 1601 Lind Avenue S.W. Renton, Washington 98057 Telephone: (425) 227-1847 FAX: (425) 227-1007

## e~ //

# L//~~>/

Enclosures: Notice ofAppeal ComplaintKYLE LOMAZOW FAA OFFICE OF REGIONAL COUNSEL 1601 LINDAVE., SW RENTON, WASHINGTON98057 TELEPHONE: (425) 227-1847 FACSIMILE: (425)227-1007 

# RECEIVED AUG 19 2014 

## HEARING DOCKET

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.

In the Matter of: GLOBAL ARMS AND AMMUNITION DOCKET No.: FAA 2014-0320 FAA Case No. 20 12NM710034 Judge Richard C. Goodwin COMPLAINT


### The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 Code ofFederal Regulations (C.F.R.) Section 13 .208), and states as follows: 1. 

### OnApri14, 2014, Global Arms and Ammunition (Global) was advised through an Order Assessing Civil Penalty that the FAA proposed to assess a civilpenalty in the amount of$50,000. On May 29,2014, Global submitted a writtenNotice ofAppeal. II. 1. Global is abusiness entity that regularly otTers, accepts, or transports hazardous material (HAZMAT).
2. On June 15,2012, at or near Spokane, Washington, Global offered a shipment consisting offour ( 4) fiberboard boxes for transport in air commerce. The shipment was destined for Whitefish, Montana.

COMPLAINT FAAv Global Arms and Ammunition. FAA Case No. 2012NM710034 Page 2 of7 KYLEE. LOMAZOW, FAAATTORNEY TEL: (425) 227-1847; FAX: (425) 227-1007

### 3. The shipment was transported by use ofFederal Express (FedEx) Air Waybill Number 8768-2610-5551.
4. During sorting operations a FedEx employee observed that one ofthe fiberboard boxes traveling under the above-mentioned FedEx Air Waybill Number hadbroken open and that weapons ammunition was falling out.
5. This substance is classified as HAZMAT under the Department ofTransportation Hazardous Materials Regulations (HMR) [49 C.F.R. Parts 171 et. seq.].


### 6. The proper shipping name and description for this substance is "Cartridges, Small Arms, Class 1.4, UN0012, PG II."
7. The shipment was not marked or labeled with the proper shipping informationbased uponthe contents, did not have the appropriate labels affixed, including the proper orientation labels for transportation or storage, or in a condition for shipment, as required by HMR.
8. At all times mentioned herein, Global offered the above-described shipment for transportation by air when the external package was not marked or labeled in a manner that would indicate the hazardous nature ofthe contents ofits package.
9. The shipment was not accompanied with emergency response information, including the emergency response telephone number necessary inthe event ofan incident or investigation involving HAZMAT.
10. Global did not ensure that each ofits employees who handle HAZMAT was trained per Title 49 C.F.R., Subchapter C, Subpart H.
COMPLAINT FAA v Global Arms and Ammunition. FAA Case No. 2012NM710034 Page 3 of7 KYLEE. LOMAZOW, FAAATTORNEY TEL: (425) 227-1847; FAX: (425) 227-1007III. 1. By reason ofthe foregoing facts and circumstances, Global violatedthe following sections ofthe FederalAviationRegulations (14 C.F.R.):

a. Section 171.2(e), inthat it offered HAZMAT to be shipped in air commerce which were not properly classed, described, packaged, marked, labeled, or in a condition for shipment required by the Hazardous Material Regulations (49 C.F.R. Parts 171, 

### et. seq.).
b. Sections 172.200(a) and 172.202, in that it offered HAZMAT for transportation without properly describing the material on shippingpapers.

c. Section 172.204, in that it offered HAZMAT for transportation withoutthe required shipper's certification.
d. Sections 172.300 and 172.301(a), inthat it offered HAZMAT for transportation whenthe package was not marked withthe proper shipping names for its contents.

e. Section 172.304(a)(1), in that it offered HAZMAT for transportation when the required markings were not durable, in English, and printed on or affixed to the surface ofthe package or on a label, tag, or sign.
f. Section 172.400(a), in that it offered a package containing HAZMAT for transportation when the package was not properly labeled as specified in Section 172.101 (49 C.F.R. Section 172.101).

g. Section 172.600(c) and Section 172.604, inthat it offered HAZMAT to be shipped in air commerce without providing emergency response information required by 14 C.F.R. Part 172, Subchapter C, Subpart G.
COMPLAINT FAA v Global Anns and Ammunition. FAA Case No. 2012NM710034 Page 4 of7 KYLEE. LOMAZOW, FAA ATTORNEY TEL: (425) 227-1847; FAX: (425) 227-1007

### h. Section 172.702(a), in that it failed to ensure that each ofits employees who handle HAZMAT are properly trained perthe requirements prescribed in Subpart H (49 C.P.R. Section 172.700 et seq.).

1. 

### Section 173 .I(b), inthat it improperly prepared the packing of, and offered a shipment ofHAZMATfor shipment by air.

J. 

### Section 173.22(a), in that it failed to properly class and describe the HAZMAT contained in its shipment.
2. In accordance with Section 5123(a) ofTitle 49, United States Code, Global is subject to a civil penalty not to exceed $75,000 for each ofthe violations noted.
3. Under the facts and circumstances ofthis case, a civil penalty of$50,000 is appropriate. WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge enter an Order that Global be assessed a civil penalty inthe amount of$50,000.
Respectfully submitted this 15tl' d ofAugust, 2014.

COMPLAINT KYLE E. !.OMAZOW, FAAATTORNEY FAA v Global Arms and Ammunition. TEL: (425) 227-1847; FAX: (425) 227-1007 FAA CaseNo. 20l2NM7l0034 Page 5 of7ANSWER In accordance with Section 13.209 ofthe Federal Aviation Regulations, Global, must answer this Complaintnot laterthan thirty (30) days from the time it is served on it. Failure to file an Answer withinthirty (30) days without good cause shall be deemed an admission ofthe truth ofeach allegation contained in the Complaint [14.C.F.R. 

### § 13.209(£)].

COMPLAINT FAA v Global Anns and Ammunition. FAA Case No. 2012NM710034 Page 6 of7 KYLEE. LOMAZOW, FAA ATTORNEY TEL: (425) 227-1847; FAX: (425) 227-1007

### CERTIFICATE OF SERVICE I hereby certifY that the foregoing Complaint has been served viafacsimile and certified mail

- Return Receipt Requested this date, to the following: Federal Aviation Administration (Original and one copy) 800 Independence Avenue SW Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Suite 2Wl000 Fax: (202) 493-5142 I hereby certify that the foregoing Complainthas been served via certified mail

- Return Receipt Requested this date, to the following: David Carl Williams, President Global Arms and Ammunition 28- 37'h Street N.E., Suite A Auburn, W A 98002 TEL: (206) 325-9400

Dated this 15th day ofAugust, 2014.

COMPLAINT FAA v Global Anns and Ammunition. I'

AA Case No. 20l2NM7l0034 Page 7 of7 <JSanastephellson ' Office ofRegional Counsel (ANM-7) Federal Aviation Administration 1601 Lind Ave. SW Renton, W A 98057 (425) 227-2007

KYLEE. LOrviAZOW, FAA ATTORNEY TEL: (425) 227-l847; FAX: (425) 227-1007FAA Case No. 20l2NM710034
Federal Aviation Administration Office ofthe ChiefCounsel 800 Independence Avenue, SW. Washington, DC 20591 Respondent, Federal Aviation Administration Office ofthe Regional Counsel (ANM-7) Northwest Mountain Region Headquarters 1601 Lind Avenue, SW. Renton, WA 98057-3356
v. Appellant, Global Arms and Ammunition David Carl Williams, President

28- 37th StreetN.E., Snite A Auburn, Washington 98002

BRIEF OF APPELLANT

David Carl Williams (Pro Se) 28- 37th StreetN.E., SuiteA

Auburn, Washington 98002

### I. ASSIGNMENTS OF ERROR A. The FAA failed to properly serve Global Arms and Ammunitionpursuantto §13.211. B. The FAA erred in denying Global Arms and Ammunition's request for ahearing. ill. 

### FACTS AND ARGUMENT I. THE FAA FAILED TO PROPERLY SERVE GLOBAL ARMS AND AMMUNITION Underthe Federal Aviation Regulations, section 13.211, eachparty mustbe served. Although the Notice ofProposed Civil Penalty was properly addressed to Global Arm and Ammunition (herein "Global Arms"), itwas givento 

### :Mr. AllionBrewer who is not an employee ofGlobal Arms. 

### :Mr. Brewer shares office space with Global Arms but does not workfor Global Arms and does nothave authority to represent Global Arms in any capacity. Global Arms was never notified oftheNotice and on its owninitiative (liscovered it. Therefore, because service was not made to GlobalArms or its employee, itwas improper. II. THE FAAERRED INDENYING GLOBAL ARMS AND AMMUNITION'S REQUEST FOR A HEARING. Global Arms attemptedto request ahearingpromptly afterit became aware ofthe pending civil penalty. However, the FAA deniedthe request, stating thatthe time allotted for requesting ahearing had expired. The Notice specifically gives Global Arms 15 days to request a hearing, butbecauseproper service was notmade to Global Arms, it was deprived ofthis right. Therefore, because Global could not obtain a hearing, itwas deprived ofa fair opportunity to explain the circumstances thatlead to the FAA's investigation andproposed civil penalty.

### IV. RELIEF REQUESTED Forthe above reasons, Global Arms and Ammunitionrequestthatthe FAA grant its request for ahearing to explainthe mitigating circumstances that leadto the FAAinvestigation and the Order Proposing Civil Penalty.
Respectfully submittedthis 29th day ofMay 2014.

David CarlWilliams (Pro Se) Global Arms and AmmunitionNo. 20!2N.M710034 

### and Am1mm!tion David

### Carl Williams, Pre,sid.el11 -37th 

### StreetN.E., A AUC>um, Wru;hin;gton. 98002 

### NOTICE 

### JUN 03 2l114

Noticeis given Arms Ammunition, appeals 

### Order Assessing Penalty of$50,000 

### in to the above caseissuedby Federal Aviation Administration's

### NorthwestMmmtt.rin Oftice. Appellant 

### ali<:ges_l,lrmr-irt-fulnl·efi\ult order !ru!de 

### without fmmal hearing.

DATED: May 20!4 David Carl Williams (ProSe) 

### and Ammunition