Octavian F. Filoti Case No. 2013NE700100 67 Osprey Drive Portsmouth, NH 03801

July 9, 2013

Hearing Docket Federal Aviation Administration 800 Independence Avenue S.W., Wilbur Wright Building -Suite 2W1000 Washington, D.C. 20591 Attention: Hearing Docket Clerk, AGC-430

To Whom It May Concern, 

# RECEIVED JUl 1 7 2013 

# HEARING DOCKET

I, Octavian F. Filoti, case No. 2013NE700100, was advised through a Notice of Proposed Penalty, dated May 9, 2013 that the FAA proposed to asses a civil penalty in the amount of $1000. I hereby request a hearing in accordance with Subpart G of Part 13 of the Federal Aviation Regulations with the understanding that a Complaint will be filed. I request that the hearing will be scheduled after August 9, 2013, due to my unavailability prior to that date. I am sending this request both to the FAA attorney, Matthew J. Zappala, at the Federal Aviation Administration, Office of the regional Counsel, ANE-7, 12 New England Executive Park, Burlington, Massachusetts, 01803, and to the appropriate mailing address for the Hearing Docket

- as stated above.



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# n Octavian F. FilotiU.S. Department of Transportation federal Aviation Admlnis!rallon July 1, 2013 Office of the Chief.Counsel Now England Region 12 Now England Executive Park Bunington. MA 01803

CERTIFIEDMAIL- RETURN RECEIPT REQUESTED & FIRST CLASS U.S.MAIL Mr. Octavian Filoti 67 Osprey Drive Portsmouth, NH 03801 Re: Case No. 2013NE700100 FINAL NOTICE OF PROPOSED CIVIL PENALTY Youwere advisedthrough a Notice ofProposed Civil Penalty, dated May 9, 2013 that the FAA proposed to assessa civil penalty inthe amount of$1,000. Wehave considered the information submitted inresponse to thatNotice. After considering all the evidence inthis matter, including the informationyou presented at the informal conferenceheld onJune 27,2013,atthe Regional Counsel's Office, Burlington, Massachusetts, 

### it appears that: I. Onor aboutMarch 6, 2013, youwere a ticketedpassenger onJetBlue Airways flight #637, a passenger-carrying flight, departing from Logan International airport in Boston, Massachusetts. 2. On or aboutMarch 6, 2013, you offered checkedbaggage for transportation in air commerce on JetBlue Airways flight #637. 3. Transportation Security Administration (TSA) personnel atLogan International Airport initiated aninspection ofthe baggage and observed that it contained two (2) Orion Hand Held Marine Signal Flares and one (1) 9-ounce aerosol container ofGuard Alaska Bear Repellant ("the shipment"). 4. The above-referenced items are classified as hazardous materials under section 172.101 ofthe Department ofTransportation Hazardous Materials Regulations (HMR) (49 C.F.R. Parts 171 et seq.). 

### 5. Theproper shipping name for the Orion Hand Held Marine Signal Flares is Signal devices, hand. 

### '!bey are in a hazard class 1.4S, packing group II and have an assigned identification number ofUN0373 when offered for transportation onpassenger-carrying aircraft. 6. 

### 'Ibeproper shipping name for the Guard Alaska BearRepellant is Aerosols, nonflammable. Itis in a hazard class 2.2 and has an assigned identification number of UN1950 when offered for transportation onpassenger-carrying aircraft.2



### 7. At all times mentioned herein, the above-referenced shipment was not accompanied by a Shipper's Certification or Declaration for Dangerous Goods. 8. You offered the above-described shipment ofhazardous material for transportation by air when the material was notproperly classed, described, packaged, marked, labeled, or in the proper condition for shipment. 9. You offeredthe above-described shipment ofhazardous material for transportation by air whenthe shipping papers did not containthe proper shipping name prescribed for the hazardous material, the hazard class or division prescribed for the ha?m:dous material, the assigned identificationnumber ofthe hazardous material, and the packing group in Roman numerals, as designated for the hazardous material, all 

### shown in sequence with no additional information interspersed. 10. You offered the above-described shipment ofhazardous material for transportation by air withoutplaeing the total quantity ofthe material covered by the hazardous materials description on the shipping paper before or after, or both before and after, the description. 11. You offered the above-described shipment ofhazardous material to an aircraft operator for transportation by air and did not provide two (2) copies ofthe required shipper's certification. 12. You offered the above-described shipment ofhazardous material for transportation by air when the package containing the ha?m:dous material 

### was notmarked with the proper shipping name and identificationnumbers, precededby "1JN" or "NA" as appropriate, of the hazardous material contained therein, and without the required markings being durable, in English and printed on or affixed to the surface ofthe package, or on alabel, tag or sign 13. You offered the above-described shipment ofhazardous material for transportation by air withoutmaking emergency response information immediately available for use at all times the hazardous material was present. 14. Based upon the foregoing facts and circumstances, you violated the following Department ofTransportation Hazardous Materials Regulations (Title 49 ofthe Code of Federal Regulations):

a. Section 171.2(e) (49 C.F.R. § 

### 171.2(e)), in 

### that you offered ha?m:dous material for transportation in commerce when the material was not properly classed, described, packaged, marked, labeled, and in the condition for shipment required by the HMR (49 C.F.R. parts 171, et seq.). b. Section 172.200(a) (49 C.F.R. §§ 

### 172.200(a)), in that you offered hazardous material for transportation without properly describing the material on the shipping paper.3



### c. Section 172.202(a)(l) ( 49 

### C.P.R. 

### § l72.202(a)(l)), in thatyou offered hazardous material for transportation when the required hazardous material description on the shipping paper did not include the proper identification number prescribed for the material in Column (4) 

### ofthe §172.101 

### table (49 

### C.P.R. § 

### 172.101). d. Section 172.202(a)(2) (49 

### C.F.R § 

### 172.202(a)(2)), in thatyou offered hazardous material for transportation when the required hazardous material description on the shippingpaper did not include the proper shipping name prescribed for the material in Colunm (2) 

### ofthe §172.101 table (49 

### C.F.R § 

### 172.101).



### e. Section 172.202(a)(3) (49 

### C.P.R. § 

### 172.202(a)(3)), inthatyou offeredhazardous material for transportation when the required hazardous material description on the shipping paper did notinclude the hazard class or division number prescribed for the material, as shown in Column (3) 

### ofthe §172.101 table (49 C.F.R. § 

### 172.101). f. Section 172.202(a)(4) (49 C.P.R. § 

### 172.202(a)(4)), inthatyou offered hazardous material for transportation when the required hazardous material description on the shipping paper did not include the packing group, in Roman numerals, as designated for the material in Column (5) 

### ofthe §172.101 table (49 C.F.R. § 

### 172.101). g. Section 172.202(c) (49 C.F.R. § 

### 172.202(c)), in that you offered hazardous material for transportation when the total quantity ofthe material covered by the description did not appearbefore or after, orboth before and after, the description requiredby subpart C ofthe 

### HMR. (49 C.F.R. §§ 172.200**et~.).** 

### h. Sections 172.204(a) or (c)(l) 

### (49 C.P.R.§§ 172.204(a) or (c)(l)), 

### inthat you offered hazardous material for transportation without printing the required certification on the shipping paperas stated in §

### 172.204(a)(l) or (a)(2) ( 49 C.F.R. § 

### 172.204(a)(l) or (a)(2)). i. 

### Section 172.204(c)(2) (49 C.F.R § 

### 172.204(c)(2)), in that you offered hazardous material to an aircraft operator for transportationby 

### air and did not provide two copies ofthe required shipper's certification. j. Sections 172.300(a) and l72.301(a) (49 C.P.R. §§ 172.300(a) and l72.30l(a)), in that you offered hazardous material for transportation when the package was not marked with the proper shipping name and identification number for its 

### contents. 

### k. Section 172.304(a)(l) ( 49 C.F.R. § 

### 172.304(a)(l)), 

### in that you offered hazardous material 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. L Section 172.400(a)(49 C.F.R. § 

### 172.400(a)), in that you offered a package containing hazardous material for transportation by air when the package was not properly labeled as specified in Section 172.101 (49 C.F.R. 

### § 172.101).m. Section 172.600(c)(l)(49 C.F.R. 

### § 172.600(c)(l)), inthat you offered a package containing hazardous material for transportationby air withoutmaking emergencyresponse information immediately available for use at all times the hazardous material was present.



### n. Section 173.l(b)(49C.F.R. 

### § 173.1(b)), 

### in thatyou offered a shipment of hazardous materials for transportationby air without properly preparingthe shipment. 

### In accordance with Section 5123(a) ofChapter 

### 51, Title 49 oftheUnited States Code of Transportation, [49 U.S.C. § 5123(a)], you 

### are liable for a civil penalty ofnot less 

### than $250 nor greaterthan $55,000 for each violation ofthe regulations. Byreason ofthe foregoing facts and circumstances we propose to assess a civil penalty for all ofthe violations noted inthetotal amount of$1,000. 

### 4

Unless youmail 

### orpersonally deliver, in writing, yourrequest for a hearing inthis matter, onor before 15 days afteryoureceive this final notice, we will issue an OrderAssessing Civil Penalty and you will have no further right to a hearing. Ifyou do not submit a writtenrequest for a hearing, youmust paythe proposed civil penalty. Yourrequestfor a hearingmust be made to theHearing Docket, Federal Aviation Administration, by following the appropriate mailing procedures: ForHand-carried personal delivery 

### orexpedited deliveries 

### such as 

### UPS orFederal

### Express. Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWright Building- Suite 2WIOOO, Washington, D.C. 20591, Attention: Hearing Docket Clerk, AGC-430.- All envelopes and 

### packages sent

### by U.S. Mail: Federal Aviation Administration, 800 Independence Avenue, S.W., WilburWright Building- Suite 2W!OOO, Washington, D.C. 20591; Attention: Hearing Docket Clerk, AGC-430. Your request mustbe dated and signed, in accordance with 14 CFR § 13.16, sentto you withthe Notice ofProposed Civil Penalty. 

### Please be advisedthat due to security concerns, mail sent to the FAA's Washington Headquarters by U.S. 

### Mail may be delayed up to several weeks before delivery. Regardless ofhow you send it, however, you must mail 

### a copy ofyour requestfor a hearing to the FAA

### attorney handlingthis case atthe address indicated 

### below. Youmaypaytheproposedpenaltyby submitting a certified check ormoney order, payable to the "Federal Aviation Administration," to FAA, MikeMonroney Aeronautical Center, AMZ350, P.O. Box 25770, Oklahoma City, OK 73125-4915. Inthe alternative, you may pay your civil penalty with a credit card or a bank account debit overthe Internet. To pay electronically, visit the web site at https://www.pay.gov. Underthe SearchPublic Forms optiontype in "FNE-FINEI." Click on"FAA Civil Penalty Payments -NewEngland Region." Youmustthen complete the requested information and click "Continue." You will then be directedto enter your credit card or bankaccount debit information. To use the bank account debit you will need your bank routing number, account number, and check number.

### Please direct all communications inthis matter to Matthew J. 

### Zappala, Office ofthe Regional Counsel, ANE-7, 

### Federal Aviation Administration, 12 

### New England Executive Park, Burlington, MA 01803, telephone number (781) 238-7046. STOPHERPOREDA



### b;!\RTIFICATE OF SERVICE I qertify that this 

### Final Notice of

### Proposed CiviLPenalty has been sent this 

### date by

### Certified Mail- Return Receipt Requested 

### and First 

### Class Mail to; Mr. Octavian

### Filoti 67 Osprey Drive Portsmouth, NH 03801 

### 5