. -.' . i ' • 

U.S. Department 

of Transportation 

Western-Pacific Region .~. · ~' : .. 1: ~. . P.O. Box 92007 

Office of Region;~! Counsel Los Angeles, CA 90009-2007 

:._ . .". ~~ : !-- :-~] r: c~: 

Federal Aviation 

Administration 

August 7, 2013 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

. '•· '(310)725-7110 

(310) 725-6816 facsimile 

RECEIVED 

AUG 1 3 2013 

'Fll~-~ffl~NG DOCKET 

Wilbur Wright Building -- Suite 2W1 000 . 

(f'~mS j~ol3"'f\UJ~~Cff-~.55s'~ Re: _In the Matter ofThomas Bray; Case No. 2013WP700039~ ~...()"~ 

Enclosed is a copy of a request for hearing dated July 28, 2013, and the original and one copy of 

the Complaint in the above-referenced proceeding. 

I request that the hearing in this matter be held in Phoenix, Arizona, and expect that the hearing 

will last one (1) day. 

Please address all communications for the Regional Counsel of the Western-Pacific Region, to 

the undersigned, at: Office of the Regional Counsel, A WP-7, Federal Aviation Administration, 

Western-Pacific Region, P. 0. Box 92007, Los Angeles, CA 90009-2007, Telephone: (310) 

725-7110, FAX: (310) 725-6816. 

Sincerely, 

Naomi Tsuda 

Regional Counsel 

By: L1 

~7~ a J. 'f. scano 

Attorney 

Enclosures: Request for Hearing; Complaint; Certificate of Service 

NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE 

REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BE FILED NOT LATER 

THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN ALTERNATIVE TO 

FILING AN ANSWER, A MOTION MAY BE FILED PURSUANT TO SECTION 13.208(D) 

OR SECTION 13.218(F)(l-4) OF THE RULES OF PRACTICE. 

cc: AWP-740 
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In the Matter of: 

Thomas Bray 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

FAA DOCKET 

RECEIVED 

AUG 1 3 2013 

HEARING DOCKET 

FAA CASE NO. 2013WP700039 

Respondent 

JUDGE NOT ASSIGNED 

COMPLAINT 

The Complainant files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 

C.F.R. 13.208), and states as follows: 

I. 

Respondent, Mr. Thomas Bray, was advised through a Notice of Proposed Civil Penalty 

dated June 7, 2013, and through a Final Notice of Proposed Civil Penalty dated July 25, 2013, 

that the FAA proposed to assess a civil penalty in the amount of$1,000.00. On July 28,2013, 

Respondent submitted a written request for a hearing. 

II. 

1. On or about February 11, 2013, Respondent offered hazardous materials in checked 

baggage to Spirit Airlines, for transportation from Phoenix-Mesa Gateway Airport, Mesa, 

Arizona, to Fort Lauderdale, Florida, then to Medellin, Columbia. 
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2. The hazardous materials were thirteen (13) four (4) ounce plastic bottles of Potassium 

hydroxide, solid, at total approximate weight of3.25 pounds and two (2) unlabeled 

plastic receptacles of Potassium hydroxide, solid, at total approximate weight of 10.0 

pounds. 

3. Potassium hydroxide, solid is a.hazardous material, in accordance with the Hazardous 

Materials Table in Title 49 ofthe Code ofFederal Regulations (49 C.F.R.), Section 

172.101. It is "Potassium hydroxide, solid," Hazard Class 8, UN1813, Packing Group II. 

4. Respondent offered his baggage for air transportation in commerce when it was not 

properly classed, described, packaged, marked, labeled, and/or in condition for 

transportation as required or authorized by applicable requirements in Subchapter C of 

Chapter I of 49 C.F.R., or an exemption or special permit, approval, or registration issued 

under Subchapter Cor Subchapter A of Chapter I. To wit: 

a. The hazardous material was not declared; 

b. Respondent's baggage was not properly marked; and 

c. Respondent's baggage was not properly labeled. 

5. Respondent offered his baggage for transportation in commerce without providing the 

required emergency response information immediately available for use at all times. 
'~ 

.: -.\ -

-3-

Ill. 

By reason of the foregoing facts and circumstances, Respondent violated the following 

Department of Transportation Hazardous Material Regulations (Title 49, Part 171 et seq., Code 

ofFederal Regulations): 

a. Section 171.2( e), which states that no person may offer or accept a hazardous 

material for transportation in commerce unless the hazardous material is properly 

classed, described, packaged, marked, labeled, and in condition for shipment as 

required or authorized by applicable requirements of this subchapter or an exemption 

or special permit, approval, or registration issued under this subchapter or subchapter 

A of this chapter; 

b. Section i 72.200(a), which states that no person may offer hazardous material for 

transportation unless the material is properly described on the shipping papers; 

c. Section 172.300(a), which states that each person who offers hazardous material for 

transportation shall mark each package containing the hazardous material in the 

manner required by HMR subpart D (Marking); 

d. Section 172.400(a), which generally states that each person who offers hazardous 

material for transportation shall label the package or containment device with labels 

specified for the material in section 172.101 ( 49 C.F .R. § 172.101) and as required by 

HMR subpart E; and 
-4-

e. Section 172.600( c), which states that no person to whom this subpart applies may 

offer for transportation, accept for transportation, transfer, store or otherwise handle 

during transportation a hazardous material unless emergency response information 

conforming to this subpart is immediately available for use at all times the hazardous 

material is present; and emergency response information, including the emergency .. -·-· . . ·-·· - •-"~-- - ·- ---- - ~ -

response telephone number, required by this subpart is immediately available to any 

person who, as a representative of a Federal, State or local government agency, 

responds to an incident involving a hazardous material, or is conducting an 

investigation which involves a hazardous material. 

IV. 

1. In accordance with Section 5123 (a) of Title 49 of the United States Code 

(Transportation) [(49 U.S.C. Section 5123 (a)], Respondent is liable for a civil penalty 

of not less than $250.00 ($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 substantial destruction of property) for each violation of the Department of 

Transportation Hazardous Materials Regulations. 

2. Under the facts and circumstances ofthis case, a civil penalty of$1,000.00 is 

appropriate. 
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WHEREFORE, the Complainant, respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $1 ,000.00. 

Respectfully submitted, 

-<---~.,:~:-,~-------

Attorney 

Office of the Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

DATED: August 7, 2013 
CERTIFICATE OF SERVICE 

I hereby certify that on this date I have sent by facsimile and placed in the United States 

mail, postage prepaid, certified mail-return receipt requested, the executed original of the 

Complaint, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 --- --- .. ---------- -Atth:Hearirig DocKefCletk-;AGG-430 ______ ·-··-··· -· -- --------------

Wilbur Wright Building-Suite 2W1 000 

Facsimile: 202-493-5142 

I further certify that on this date I have placed in the United States mail, postage prepaid, 

certified mail-return receipt requested and regular mail, a true copy of the Complaint, addressed 

as follows: 

Mr. Thomas Bray 

30382 U.S. Highway 60-89, #11 

Wickenburg, AZ 85390 

Dated: August 7, 2013 

Agnes a~b~~ bilane 

Legal Technician 

Office ofthe Regional Counsel 

Federal Aviation Administration 

Western-Pacific Region 

Lawndale, California