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•XP/\RTMENT OF 

UNITED STATES DEPARTMENT OF TRANSPORTATION: • •'•"'-^•'PORTATION 

OFFICE OF HEARINGS • .-JK~i OPERATIONS 

WASHINGTON, DC. 

•::••• :-rc - e A I P 2 S 

IN THE MATTER OF 

SUSAN RICHARDSON 

FAA DOCKET NO. CPllAL ^P/AA/MOOI S 

(Civil Penalty Action) '-»•(/ /V ' \ i/v« ^ 

I>MS NO, FAA- Z o I O - j a I o 

COMPLAINANT'S MOTION TO DISMISS REQUEST FOR HEARING 

Pursuant to §§ 13.208(a) & 13.218(f)(2)(i) of the Rules of Practice in FAA Civil Penalty 

Actions, Complainant moves for an Order dismissing Respondent's undated request for a hearing 

postmarked October 20, 2010. The basis for this motion is that the request for a hearing was not 

submitted within 15 days of Respondent's receipt of the Final Notice of Proposed Civil Penalty 

as required by 14 CF.R. § 13.16(g)(2). This conclusion is based on the following facts: 

1. The Final Notice of Proposed Civil Penalty was served by certified mail, return receipt 

requested, on September 22, 2010. (Exhibit A) 

2. The Final Notice was sent using US Postal Service Certified Mail Receipt Number 7009 

2250 0001 8538 5975. (Exhibit B) 

3. US Postal Service PvCoords indicate thai Respondent received the Final Notice at 2.09 

p.m. on September 27, 2010. (Exhibit C) 

4. The PS Form 3811, Domestic Return Receipt, bears a postmark of "27 SEP 2010 PM." 

(Exhibit D) 
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5. The Final Notice advises Respondent that any request for a hearing must be submitted 

within fifteen days of the receipt of the Final Notice. (Exhibit A) 

6. Respondent's undated Request for Hearing bears a postmark of October 20, 2010. It is 

not accompanied by a Certificate of Service, (Exhibit E) 

Because Respondent received the Final Notice on September 27,2010, she had until October 

12, 2010, in which to submit her request for a hearing. Because Respondent did not submit her 

request until October 20, 2010, her request was not timely, and must, therefore, be dismissed. 

Respectfully submitted this 1*' day of November 2010 

HOWARD L. MARTIN, JR 

P.egional Counsel 

By: 

Glenn H. Brown 

Senior Attorney 
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CERTIFICATE OF SERVICE 

Re: Susan Richardson 

FAA Docket No. CP11 AL_ 

DMSNo. FAA-2011-

I hereby certify that on this date I have served a copy of the Complainant's Motion to Dismiss 

Request for Hearing by postage-prepaid, certified mail, return receipt requested, to the following: 

Susan Richardson 

11987 N County Road T 

Hayward, WI 54843 

I further certify that on this date I have served the original and two copies of the Complainant's 

Motion to Dismiss Request for Hearing by postage-prepaid, certified mail, return receipt 

requested, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

DATED : ^^^^-x^ / J^O/O 

rryy^^^^-c^^ A5^ ^ 

Federal Aviation Administration 

Office of Regional Counsel 

222 West 7th Avenue, Box 14, AAL-7 

Anchorage, Alaska 99513-7587 
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Q 

LI. S. DcpRniTiciil 

of I ransportaiioii 

Federal Aviation 

AdministrHtion 

Case No. 2010NM730034 

Alaskan Region 222 W, 7th Avenue #14 

Oniteof the RceionaKVmnscI Anchorage, Aluskii ^951.1-7587 

PH:(W7) 271-52671 

FAX: (907) 271-2800 

?-,[•? ? 1 '•-'••; 

CERTIFIED MAIL—RETURN RECEIPT REQUESTED 

Susan Richardson 

11987N County Road T 

Hayward, WI 54843 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On April 8, 2010, you were advised through a Notice of Proposed Civil Penalty that the FAA 

proposed to assess a civil penally in the amount of $2000. This Notice was served on you by 

certified mail, remrn receipt requested. The PS form 3811, Domestic Return Receipt, indicates 

this Notice was received by you on April 20, 2010. You did not respond to the Notice. On June 

4,2010, you were advised through a Final Notice of Proposed Civil Penalty that the FAA would 

assess a civil penalty in the amount of $2,000 if you did not submit a written request for a 

hearing. By letter dated June 22, 2010, you responded with some information regarding your 

ability to pay. On July 6, 2010, we withdrew the previously is.sued Final Notice, and provided 

you with additional time in which to submit the detailed financial information we would need in 

order to determine whether you lack the ability to pay the proposed civil penalty. To date you 

have not done so. Wc are. therefore proceeding with the reissuance of this Final Notice. 

After considering all the evidence in this matter, it appears that: 

1. On or about February 2, 2010, you knowingly offered to United Parcel Service a shipment 

containing hazardous material for transportation from Minong, Wisconsin, to Prudhoe Bay, 

Alaska. 

2. The above shipment was assigned tracking number 1Z5 840970342046 111. 

3. The above shipment included two 10-ounce cans of Right Guard Sport Deodorant. 

4. Right Guard Sport Deodorant is classified as a hazardous material under § 172.101 of the 

United States Department of Transportation Hazardous Materials Regulations (HMR), 49 

£^:l,-f 4 
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a 

CF.R. Chapter 1, Subchapter C (Pans 171-80). Its proper shipping name is "Aerosols." ft Is 

in hazard class 2.1 (Flammable Gas), and has an assigned identification number of UN1950. 

5. At all times mentioned herein, the shipment was not accompanied by a Shipper's Declaration 

for Dangerous Goods. 

6. You offered the above-described shipments of hazardous material for transportation by air 

when the shipping papers did not contain the proper shipping name of each hazardous 

material; the hazard class of each hazardous material; the assigned identification number of 

each hazardous material preceded by "UN" or ^'NA," as applicable; the total quantity by 

weight or volume of each hazardous material covered by the description; and the basic 

description of each hazardous material shown in sequence. 

7. You offered the above-described hazardous material for transportation without including in 

the shipping papers an emergency response telephone number as prescribed in Subpart G of 

Part 172 of the HMR8. You offered the above-described hazardous materials for transportation by air when the 

shipment was not marked or labeled in any manner that would indicate the hazardous nature 

of its contents. 

9. You offered the above-described shipment for transportation when the shipment was not 

marked with the proper shipping name and the assigned identification number of each 

hazardous material contained in it, and the required markings in English were not printed on 

or affixed to the surface of the box. 

10. You offered the above-described bag for transportation by air when no "Flammable gas" 

label was affixed to the shipment. 

Based on the foregoing facts and circumstances, you violated the following Department of 

Transportation Hazardous Materials Regulations: 

(a) Section 171.2(e) in that you offered hazardous material for transportation in commerce 

within the United States when each material was not properly classed, described, 

packaged, marked, labeled, and in condition for shipment as required or authorized by 

applicable requirements of the HMR, or an exemption, special permit, approval, or 

registration issued under the HMR or Subchapter A of Chapter 1 of Title 49, Code of 

Federal Regulations. 

(b) Section 172.200(a) in that you offered hazardous material for transportation without 

properly describing each material on the shipping papers. 

(c) Section 172.201(d) in that you offered hazardous material for transportation without 

including in the shipping papers an emergency response telephone number as 

prescribed in Subpart G of Part 172 of the HMR. 
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/^r^ (•••;• ) 

(d) Section 172.202(a)( 1) in that you offered hazardous material for transportation without 

including the proper shipping name in the shipping papers. 

(e) Section 172.202(a)(2) in that you offered hazardous material for transportation without 

including in the shipping papers the hazard class or division prescribed for the material. 

(f) Section 172.202(aX3) in that you offered hazardous material for transportation without 

including in the shipping papers the identification number prescribed for the material. 

(g) Section 172.202(a)(5) in that you offered hazardous material for transportation without 

including in the shipping papers the total quantity of the hazardous material covered by 

the description. 

(h) Section 172.204(a) in that you offered hazardous material for transportation without the 

required shipper's certification. 

(i) Section 172.300(a) in that you offered hazardous material for transportation when the 

shipment was not marked with the proper shipping name and identification number for 

its contents. 

(j) Section 172.301(a) in that you offered for transportation a hazardous material in a nonbulk package when the package was not marked with the proper shipping name and 

identification number (preceded by "UN" or "NA, " as appropriate) for the material as 

shown in the § 172.101 Table, 

(k) Section 172.400(a) in that you offered a shipment containing hazardous material for 

transportation when the shipment was not properly labeled as specified in § 172.101 

and subpart E of part 172 of the HMR. 

(1) Section 172.604(a) in that you offered a shipment containing hazardous material for 

transportation and failed to provide an emergency response telephone number, 

including the area code or international access code, for use in the event of an 

emergency involving the hazardous material. 

In accordance with Section 5123(a) of Chapter 51, Title 49 of the United States Code of 

Transportation, [49 U.S.C. § 5123(a)], you are liable for a civil penalty of not less than $250 

($450 for training violations), nor greater than $50,000 (or $100,000 for violations resulting in 

death, serious illness, or severe injury to any person, or sub.stantial destruction of property), for 

each violation of the regulations. After reviewing our investigative file, we propose to assess a 

civil penalty in the amount of $2,000.00 for these violations. 

Unless you mail or personally deliver your request for a hearing, in writing, in this matter on or 

before 15 days after you receive this Final Notice, we will issue an Order Assessing Civil 

Penalty, and you will have no further right to a hearing. If you do not submit a vvritten request 

for a hearing, you must pay the proposed civil penalty. 
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( • 

FAA ^ DMS gl007/01 2 

o 

A request for a hearing must be sent to the Federal Aviation Administration, 800 Independence 

Ave., S.W., Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430, Wilbur 

Wright Building—Room 2W1000, and a copy must be sent to the undersigned FAA attorney. 

The request must be dated and signed, in accordance with § 13.16 of the Federal Aviation 

Regulations (14 CF.R. § 13.16), sent to you with the Notice of Proposed Civil Penalty. You 

may pay the proposed penalty by .submitting a check or money order payable to the Federal 

Aviation Administration to the undersigned. In the alternative, you may pay the civil penalty 

with a credit card over the Internet. To pay electronically, visit the web site at 

https://www,pav.tiov/pavEov/lbrms/forniIn5tance.htnil Enter '"FAL-FINEI" in the block for 

"Search Public Forms," and click on "Go." Then select "FAA Civil Penalty Payments—FAA 

Alaskan Region," and follow directions. If you pay electronically, please notify the undersigned 

that such a payment has been made. 

HOWARD L. MARTIN, JR 

Regional Counsel 

By: JZ^ % 

Glenn H. Brown 

Senior Attorney 
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^[gCfl 

01 if'-i».; 

I..I I'lni 

o 

U. S. Dcpanmcnt 

oflVansportation 

Federal Aviation 

Administration 

AJliskon Region 

OITice of ihe Regional Counsel 

222 W.7ih Avenue #14 

Anchorage, Alaska 99513-7587 

PH: (907) 271-52671 

FAX: (907) 271-2800 

CaseNo.2010NM730034 

SEP ^. ^ ''^'^ 

CERTIFIED MAIL—RETURN RECEIPT REQUESTED 

Susan Richardson 

11987 N County Road T 

Hayward, WI 54843 

cSSSroJce? 

mumairiSr 

i ^ 

l/it.//o 

KOUTwa arMoi. 

MTiMAaia>«Wjn!~ 

•<ouTN>syt«oi 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

lid. 

On April 8, 2010, you were advised through a Notice of Proposed Civil Penalty that the FAA 

proposed to assess a civil penalty in the amoimt of $2000. This Notice was served on you by 

certified mail, return receipt requested. The PS form 3811, Domestic Return Receipt, indicates 

this Notice was received by you on April 20,2010. You did not respond to the Notice, On Ji tSf^""^ 

4,2010, you were advised through a Final Notice of Proposed Civil Penalty that the FAA wo 

assess a civil penalty in the amount of $2,000 if you did not submit a written request for a 

hearing. By letter dated June 22, 2010, you responded with some information regarding yo^ 

abihty to pay. On July 6, 2010, we withdrew the previously issued Final Notice, and provid< 

you with additional time in which to submit the detailed financial information we would neei 

order to determine whether you lack the ability to pay the proposed civil penalty. To date yo 

have not done so. WE are, therefore proceeding with the reissuance of this Final Notice. 

B«n 

HOUTMl mflCt. 

Mf!SSiB3Ti 

DATC 

teSiSBB 

nnr 

After considering all the evidence in this matter, it appears that: 

1. On or about February 2,2010, you knowingly offered to United Parcel Service a shipmer t^ 

containing hazardous material for transportation from Minong, Wisconsin, to Prudhoe Ba ^^ 

Alaska. 

2. The above shipment was assigned tracking number 1Z5840970342046111. 

3. The above shipment included two 10-oimce cans of Right Guard Sport Deodorant. 

Rouiwa 

MTMUnKMriTUV ~ 

MOUTMIBTMOL 

"iSxtSSSSSm 

o m 

4, Right Guard Sport Deodorant is classified as a hazardous material under § 172.101 of the 

United States Department of Transportation Hazardous Materials Regulations (HMR), 49 

FAAFonn13eO«14.1 (VS9) OFFICIAL FILE COPY 

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12/03/201 0 11:13 FAX 2024935142 

USPS - Track & Confirm 

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UNITEOSTATES 

POSTAL SBIiVKE* Home I H«)B I 

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Track & Confirm 

Track A Conflnn FAQ* 

Search Results 

Label/Receipt Number: 7009 2250 0001 8538 5975 

Service(s): Certified MailTM 

Staxus: Delivered 

Your item was delivered ai 2:09 pm on September 27, 2010 in 

HAYWARD. WI 5'»843. 

Track & Conftim 

Enter Label/Receipl Number. 

60> 

Derailed Results: 

- Delivered, September 27. 2010, 2:09 pm. HAYWARD, WI 54843 

« Arrival at Unit, Sept8mber27, 2010, 7:35 am. HAYWARD, WI 54843 

Noltfication Options 

Track & Confirm by email 

Get current event Information or updates for your item sent to you or others by email, Cto > 

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Copyright© 2010 USPS, Ad Rights RescvKd , lvlo F-F/XR Acl EEO Dsln fOlA 0 5 . . 

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SENDER: COMPLHTE THIS SECTION 

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To Whom It May Concern; 

I, Susan RichardSoa, would like to request a hearing concczniag case No: 

2010NM730034 

Sincerely, 

Susan Richardson 

119S7N CbimlyRoadT 

Hayward, WI 54843 

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