07/15/2013 13:44 7812387055 FAA NE REGIONAL CNSL 

u.s. Deportment 

of Transportation 

Fedaral Aviation 

Administrotton 

Office of the Chief Counsel 

New England Region 12 ~lt:!W England Executive Pa~ 

Burlington, MA 01803 

July 15, 2013 

FACSIMILE & FIRST CLASS U.S.MAIL 

Hearing Docket -.....~ 

.r:_ Federal Aviation Administration ___ _ c: 

-. 800 Independeri(£.Av~:riue~ sw., 

Wilbur Wright BuiJ.din.g- Suite 2WI 000 

Washington, DC 20591 

--------rAttn: Hearing Docket Clerk, A.GC-430 

FOms C)..b 13- Db l3 

IntheMatterofOctavianFiloti / ~~l3 -AuJ~-~·a'-f~l5 Docket No. CPCase No. 2013NE700100 Hazardous Materials 

Dear Sir or Madam: 

Enclosed are the original and one copy of the complaint in the above-referenced proceeding. 

The FAA requests tltat the hearing in this matter be held Boston., MA, and expects that the 

hearing will last one day. 

Please serve all documents in this matter on the undersigned FAA a Homey at: 

Enclosure 

Federal Aviation Administration 

Office of the Regional Counsel, ANE-7 

12 New England Executive Park 

Burlington, MA 01821 

ATIN: Matthew J. Zappala 

cc: Mr. Octavian Fitoti 

PAGE 02/08 
07/15/2013 13:44 7812387055 FAA NE REGIONAL CNSL 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION AD:MINISTRA TION 

FEDERAL AVIATION ADMINISTRATION 

Complainant, 

v. 

OCTA VIAN FILOTI 

Respondent. 

JUDGE NOT ASSIGNED 

COMPLAINT 

FAA Case No. 2013NE700100 

FAA Docket No. CP -

(Civil Penalty Action) 

PAGE 03/08 

The Federal Aviation Administration (FAA) hereby files its complaint, under Rule 208 of 

the Rules of Practice in FAA Civil Penalty Actions, 14 CFR § 13 .208~ and states the following: 

I. 

Respondent Octavian Filoti, was advised tlu·ough a Final Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in the am.ount of $1,000. On July 11, 

201.3, Respondent submitted a written request for a hearing. 

II. 

1. On or about March 6, 201.3, you were a ticketed passenger on JetBlue Airways flight 

#637, 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 #63 7. 

3. Transportation Security Administration (TSA) personnel at Logan Intematio:o.al Airport 

initiated an inspection ofth.e 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.). 

* 
07/15/2013 13:44 7812387055 FAA NE REGIONAL CNSL PAGE 04/08 

5. The proper shipping name for the Orion. Hand Held Marine Signal Flares is Signal 

devices, hand. They are in a hazard class 1.48, packing group II and have an assigned 

identification number of UN03 73 when offered for transportat1.on on passenger-carrying 

aircraft. 

6. The proper shipping name for the Guard Alaska Bear Repellant is Aerosols, non .. 

flammable. It is in a hazard class 2.2 and has an assigned identification number of 

UN 19 50 when offered for transportation on passenger-carrying aircraft . 

. 7. At all tii:nes mentiori.ed hereiri,. 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 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 hazardous 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~descdbed shipment of hazardous material for transportation by air 

without placing 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 hazardous material was not marked with the proper 

shipping name and identification numbers, preceded by "UN" or "NN' 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. 
07/15/2013 13:44 7812387055 FAA NE REGIONAL CNSL PAGE 05/08 

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 hazardous 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 seg.). 

---K Sectionl72-.200(a) ( 49 C:F .R. §§ 172-:200( a)); inthafyou ·offered haiardo11S -- - ------

material for transportation without properly describing the material on the 

shipping paper. 

c. Section 172.202(a)(l) ( 49 C.F .R. § 1.72.202(a)(l ))~in. that you offered hazardous 

material for transportation when the required hazardous material description on 

the shipping paper did not include 1he 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 that you offered hazardous 

material for transportation when the required hazardous material descripti.on on 

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

material in Column (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)), 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.P.R.§ 

172.101). 

£ 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 i:n ColU11U1 (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 seq.). 

h. Sections 172.204(a)or(c)(1)(49C.F.R. §§ 1.72.204(a)or(c)(l)),inthatyou 

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.P.R. 

§ 1.72.204(a)(l) or (a)(2)). 
07/15/2013 13:44 7812387055 FAA NE REGIONAL CNSL PAGE 06/08 

1. Section 172.204(c)(2) (49 C.P.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.F.R. §§ 172.300(a) and 172.30l(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. 

~~ Section l72.304{a)(l)'(49-C.F.R. § -172.304(a)(l))~ in thiifyou offered lia.Zardous--

:rnaterial 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 

s1gn. 

L Section 172.400(a) (49 C.F.R. § 172.400(a)), in that you offered a package 

containing hazardous material for transportati.on. by air when the package was not 

properly labeled as specified in Section 172.101 (49 C.P..R. § 172.101). 

m. Section 172.600(c)(1)(49 C.F.R. § l72.600(c)(1)), 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 173.1(b)(49 C.F.R. § 173.l(b)), in that you offered a shipment of 

hazardous materials for transportation by air wi.thout properly preparing the 

shipment. 

Ill. 

15. Un.der 49 U.S.C. §5123(a) of Chapter 51, Title 49 of the United States Code of 

Transportation, (49 U.S.C. § 5123(a)), Respondent is liable for a civil penalty ofn.ot less 

than $250 nor greater than $55,000 for each violation of the regulations. By reason ofthe 

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

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

16. Under the facts and circumstances of this case, a civil penalty of$1,000 is appropriate. 

'----------------------·------
07/15/2013 13:44 7812387055 FAA NE REGIONAL CNSL PAGE 07/08 

WHEREFORE, Complainant respectfully requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the arnotmt of $1,000. 

Respectfully submitted thi.s 15th day of July 2013. 

Att my 

Fed Aviation Administration 

Office of the Regional Counsel 

12 New England Executive Park, ANE~ 7 

Burlington, MA 01803 

·--------· -··--- ------
07/15/2013 13:44 7812387055 FAA NE REGIONAL CNSL 

CERTIFICATE OF SERVICE 

I certifY that the foregoing complaint has been sent via Certified Mail-Return Receipt 

Requested and First Class Mail this date to: 

Respondent 

Mr. Octavian Filoti 

67 Osprey Drive -·- ---··----Po:rts:mo·uth,NR03801 _____ _ 

PAGE 08/08 

Also, I certify that the foregoing complaint has been sent via Facsimile and by U.S. First 

Class Mail this date to: 

Hearjng Docket 

Hearing Docket (original an.d one copy) 

Federal Aviation Administration. 

800 Independence A venue, SW 

Wilbur Wright Building- Suite 2W1000 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Fax: (202) 493-5142 

ParalegaVManagement Program Analyst 
.. 

07/15/2013 13:44 7812387055 FAA NE REGIONAL CNSL PAGE 01/08 

• 

To: Bearing Docket Clerk, AGC-430 Fax: 

From: Matthew J. Zappala Attorney, ANE-7 Date: 

Re: Octavian Filoti 

Docket No. 

Case No. 2013NE700 J.OO 

• • • 

CC: 

0 Urgent x For Review' 

Thank you 

Matthew Zappala 

Paggs: 

• 

D. Please Comment 

Fcdc.:r~l Aviation J\dministr~l1:ion 

OAko of the RegiQna1 Co!lnsel, J\NE-7 

12 New 1-;rti_l,hlrtd Executive hrk 

Burlington, Mi\ 01803 

TEL: (781) 23H-7046 

: :FAX: (7~1) /.¢"&-7055 

(202-49.3-5 1 42) 

7-15-13 

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