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. i ' • U.S. Department ofTransportation 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 

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## DOCKET Wilbur Wright Building

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## (f'~mS**j~ol3"'f\UJ~~Cff-~.55s'~** Re: _In the Matter ofThomasBray; Case No.**2013WP700039~ ~...()"~**  Enclosed is a copy ofa request for hearing dated July 28, 2013, and the original and one copy of the Complaint in the above-referencedproceeding. 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 ofthe Western-Pacific Region, to the undersigned, at: Office ofthe Regional Counsel, AWP-7, Federal AviationAdministration, 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:

# ~7~ L1 a J. 'f. scano Attorney Enclosures: Request for Hearing; Complaint; Certificate ofService NOTE TO RESPONDENT: SECTION 13.209 OF THE CP RULES OF PRACTICE REQUIRE THAT A WRITTEN ANSWER TO THE COMPLAINT BEFILED NOT LATER THAN 30 DAYS AFTER SERVICE OF THE COMPLAINT. AS AN ALTERNATIVE TO FILING AN ANSWER, A MOTION MAY BEFILED 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 Matterof: Thomas Bray U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

FAA DOCKET 

# RECEIVED AUG 1 32013 HEARING DOCKET

FAA CASE NO. 2013WP700039 

### Respondent
JUDGE NOT ASSIGNED
COMPLAINT
The Complainantfiles its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.F.R. 13.208), and states as follows:

I. Respondent, 

### Mr. Thomas Bray, was advised through a Notice ofProposed Civil Penalty dated June 7, 2013, and through a Final Notice ofProposed Civil Penalty dated July 25, 2013, that the FAAproposed to assess a civil penalty inthe amount of$1,000.00. OnJuly 28,2013, Respondent submitted a writtenrequest 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.-2- 2. The hazardous materials were thirteen (13) four (4) ounce plastic bottles ofPotassium hydroxide, solid, at total approximate weight of3.25 pounds and two (2) unlabeled plastic receptacles ofPotassium hydroxide, solid, attotal approximate weight of 10.0 pounds.

3. Potassiumhydroxide, solid is a.hazardous material, in accordance with the Hazardous Materials Table inTitle 49 ofthe Code ofFederal Regulations (49 C.F.R.), Section 172.101. Itis "Potassiumhydroxide, solid," Hazard Class 8, UN1813, Packing Group II.

4. Respondent offered his baggage for air transportation incommerce 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 of49 C.F.R., or an exemption or special permit, approval, or registration issued under Subchapter Cor Subchapter A ofChapter 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.**'~** 

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-3- 

### Ill. By reason ofthe foregoing facts and circumstances, Respondent violatedthe following Department ofTransportation 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 ofthis subchapter or an exemption or special permit, approval, orregistration issued underthis subchapter or subchapter A ofthis chapter;

b. Section i 72.200(a), which states that no person may offer hazardous material for transportation unless the material is properly described onthe shipping papers;

c. Section 172.300(a), which states that eachperson who offers hazardous material for transportation shall mark eachpackage containing the hazardous material inthe
manner required by HMR subpartD (Marking);

d. Section 172.400(a), which generally states that eachperson who offers hazardous material for transportation shall label the package orcontainment 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 bythis subpart is immediately available to any person who, as a representative ofa 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) ofTitle 49 ofthe United States Code (Transportation) [(49 U.S.C. Section 5123 (a)], Respondent is liable for a civil penalty ofnot less than $250.00 ($450 for training violations), nor greaterthan $50,000 (or $100,000 for violations resulting in death, serious illness, or severe injury to any person,
or substantial destruction ofproperty) for each violation ofthe Department of Transportation Hazardous Materials Regulations. 2. Under the facts and circumstances ofthis case, a civil penalty of$1,000.00 is appropriate.-5- WHEREFORE, the Complainant, respectfully requests that the Administrative Law Judge enter an orderthat Respondent be assessed a civil penalty inthe amount of$1 ,000.00.
Respectfully submitted,

## -<---~.,:~:-,~------- Attorney Office ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region DATED: August 7, 2013CERTIFICATE OF SERVICE
I hereby certify that onthis date I have sent by facsimile and placed in the United States mail, postage prepaid, certified mail-return receipt requested, the executed original ofthe Complaint, addressed as follows: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

--- --- .. ---------- -Atth:Hearirig DocKefCletk-;AGG-430
______ ·-··-··· -· -- -------------- WilburWright Building-Suite 2W1000 Facsimile: 202-493-5142
I further certify that onthis date I have placed in the United States mail, postage prepaid, certified mail-return receipt requested and regular mail, a true copy ofthe Complaint, addressed as follows: Mr. Thomas Bray 30382 U.S. Highway 60-89, #11 Wickenburg,

### AZ 85390

Dated: August 7, 2013

# a~b~~ Agnes bilane Legal Technician Office ofthe Regional Counsel Federal Aviation Administration Western-Pacific Region Lawndale, California