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. 

/l ;! r:-;:}' I · t&Jfvr 0 ~'>U< h to n 

Octavian F. Filoti 
U.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 

CERTIFIED MAIL- 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 

You were advised through a Notice of Proposed Civil Penalty, dated May 9, 2013 that the FAA 

proposed to assess a civil penalty in the amount of$1,000. We have considered the information 

submitted in response to that Notice. 

After considering all the evidence in this matter, including the information you presented at the 

informal conference held on June 27,2013, at the Regional Counsel's Office, Burlington, 

Massachusetts, it appears that: 

I. On or about March 6, 2013, you were a ticketed passenger on JetBlue Airways flight 

#63 7, a passenger-carrying flight, departing from Logan International airport in Boston, 

Massachusetts. 

2. On or about March 6, 2013, you offered checked baggage for transportation in air 

commerce on JetBlue Airways flight #637. 

3. Transportation Security Administration (TSA) personnel at Logan International Airport 

initiated an inspection of the baggage and observed that it contained two (2) Orion Hand 

Held Marine Signal Flares and one (1) 9-ounce aerosol container of Guard Alaska Bear 

Repellant ("the shipment"). 

4. The above-referenced items are classified as hazardous materials under section 172.101 

of the Department of Transportation Hazardous Materials Regulations (HMR) (49 C.F.R. 

Parts 171 et seq.). 

5. The proper 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 of UN03 73 when offered for transportation on passenger-carrying 

aircraft. 

6. 'Ibe proper shipping name for the Guard Alaska Bear Repellant is Aerosols, nonflammable. It is in a hazard class 2.2 and has an assigned identification number of 

UN1950 when offered for transportation on passenger-carrying aircraft. 
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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 of hazardous material for transportation by air 

when the material was not properly classed, described, packaged, marked, labeled, or in 

the proper condition for shipment. 

9. You offered the above-described shipment of hazardous material for transportation by air 

when the shipping papers did not contain the proper shipping name prescribed for the 

hazardous material, the hazard class or division prescribed for the ha?m:dous material, the 

assigned identification number of the 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 of hazardous material for transportation by air 

without plaeing the total quantity of the 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 of hazardous material to an aircraft operator 

for transportation by air and did not provide two (2) copies of the required shipper's 

certification. 

12. You offered the above-described shipment of hazardous material for transportation by air 

when the package containing the ha?m:dous material was not marked with the proper 

shipping name and identification numbers, preceded by "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 of the package, or on a label, 

tag or sign 

13. You offered the above-described shipment of hazardous material for transportation by air 

without making 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 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 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. 
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c. Section 172.202(a)(l) ( 49 C.P.R. § l72.202(a)(l )), in that you 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) of the §172.101 table (49 C.P.R. § 172.101). 

d. Section 172.202(a)(2) (49 C.F.R § 172.202(a)(2)), in that you offered hazardous 

material for transportation when the required hazardous material description on 

the shipping paper did not include the proper shipping name prescribed for the 

material in Colunm (2) of the §172.101 table (49 C.F.R § 172.101). 

e. Section 172.202(a)(3) (49 C.P.R. § 172.202(a)(3)), in that you offered hazardous 

material for transportation when the required hazardous material description on 

the shipping paper did not include the hazard class or division number prescribed 

for the material, as shown in Column (3) of the §172.101 table (49 C.F.R. § 

172.101). 

f. Section 172.202(a)(4) (49 C.P.R. § 172.202(a)(4)), in that you 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) of the §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 of the material covered by the 

description did not appear before or after, or both before and after, the description 

required by subpart C of the 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)), in that you 

offered hazardous material for transportation without printing the required 

certification on the shipping paper as 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 transportation by air and did not provide two 

copies of the 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 of the 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)), in that you offered a package 

containing hazardous material for transportation by air without making 

emergency response information immediately available for use at all times the 

hazardous material was present. 

n. Section 173.l(b)(49 C.F.R. § 173.1(b)), in that you offered a shipment of 

hazardous materials for transportation by air without properly preparing the 

shipment. 

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 nor greater than $55,000 for each violation of the regulations. By reason of the 

foregoing facts and circumstances we propose to assess a civil penalty for all of the 

violations noted in the total amount of $1,000. 

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Unless you mail or personally deliver, in writing, your request for a hearing 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 written request for a 

hearing, you must pay the proposed civil penalty. 

Your request for a hearing must be made to the Hearing Docket, Federal Aviation 

Administration, by following the appropriate mailing procedures: For Hand-carried personal 

delivery or expedited deliveries such as UPS or Federal Express. Federal Aviation 

Administration, 600 Independence Avenue, S.W., Wilbur Wright 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., 

Wilbur Wright Building- Suite 2W!OOO, Washington, D.C. 20591; Attention: Hearing Docket 

Clerk, AGC-430. Your request must be dated and signed, in accordance with 14 CFR § 13.16, 

sent to you with the Notice of Proposed Civil Penalty. 

Please be advised that 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 of how you send it, however, you must mail a copy of your request for a hearing 

to the FAA attorney handling this case at the address indicated below. 

You may pay the proposed penalty by submitting a certified check or money order, payable to 

the "Federal Aviation Administration," to FAA, Mike Monroney Aeronautical Center, AMZ350, P.O. Box 25770, Oklahoma City, OK 73125-4915. 

In the alternative, you may pay your civil penalty with a credit card or a bank account 

debit over the Internet. To pay electronically, visit the web site at https://www.pay.gov. 

Under the Search Public Forms option type in "FNE-FINEI ." Click on "FAA Civil 

Penalty Payments -New England Region." You must then complete the requested 

information and click "Continue." You will then be directed to enter your credit card or 

bank account debit information. To use the bank account debit you will need your bank 

routing number, account number, and check number. 
Please direct all communications in this matter to Matthew J. Zappala, Office of the 

Regional Counsel, ANE-7, Federal Aviation Administration, 12 New England Executive 

Park, Burlington, MA 01803, telephone number (781) 238-7046. 

STOPHER POREDA 

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 

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