06/14/2011 13:07 4252271007 ANM7 PAGE 02/08 

o 

U.S. Department 

Of Transportation 

Federal Aviation 

Administration 

Office of Regional Counsel 

Northwest Mountain Region 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425)227-1847 

Fax:(425)227-1007 

KYLE.L0MAZ0W@FAA.GOV 

June 14, 2011 

VIA FACSIMILE AND CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Attn: Hearing Docket Clerk, AGC-430 

Hearing Docket 

Federal Aviation Administration 

(Wilbur Wright Bldg - Room 2W1000) 

800 Independence Avenue S.W. . 

Washington, D.C. 20591 .^20(l-f^'^'"^^'''^^ 

Re: In the Matter of EVA Airways Corporation, Case No. 2010NM710061 lf^f^^^ZOi\ 'O'^^T 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of the 

Complaint in the above-referenced proceeding. 

The Federal Aviation Administration (FAA) requests tliat ihe hearing in this matter be held in 

Seattle, Washington, and expects that the hearing will last two (2) days. 

For scheduling purposes, FAA attorney, Kyle E. Lomazow will be unavailable in year 2011: 

August 22 through 26. 

Please address all communications for the FAA to the undersigned at: 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Telephone: (425)227-1847 

FAX: (425)227-1007 

Sincerely, 

kH'^^u,^.^ 

Kyle E. Lomazow 

FAA Attorney 

Enclosures: Request for Hearing (Appeal) 

Complaint 
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KYLE E, LOMAZOW 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., sw 

RENTON, WASHINGTON 98057 

TELEPHONE: 425.227.1847 

FACSIMILE; 425.227.1007 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of; 

EVA Airways Corporation 

FAA Case No. 2010NM710061 

JUDGE NOT ASSIGNED 

JUDGE NOT ASSIGNED: 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. § 13.208), and states as follows: 

I. 

On May 20,2011, EVA Airways Corporation was advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $20,000. 

On June 8,2011, EVA Airways Corporation submitted a written request for a hearing. 

II. 

1. EVA Airways Corporation (hereinafter EVA Airways) is now, and at all times mentioned 

herein was, the holder of Air Carrier Certificate No. QOCF349F. During all times 

mentioned herein, EVA Airways was conducting its operations under Part 129 of the Federal 

Aviation Regulations. 

2. EVA Airways is a business entity that regularly offers, accepts, or transports hazardous 

material (HAZMAT). 

COMPLAINT 

FAA V. EVA Airways Corporation - 2010NM710061 

Page 2 of 6 

KYLE E, LOMAZOW, FAA ATTORNEY 

TEL; 425.227.1847; FAX: 425.227.1007 
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3. 

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8. 

On July 24,2010, a special agent for the FAA was conducting a comprehensive HAZMAT 

inspection at EVA Airways, in Seattle, Washington. 

Prior to arrival of EVA Airways Flight BR 0695 from Dallas, Texas, on July 24,2010, the 

FAA agent conducting the inspection requested flight information of the "Special Load 

Notification to Captain" (NOTOC), which personnel firom EVA Airways were not able to 

provide. 

Prior to departure of Eva Airways Flight BR 0695 on July 24,2010, the FAA agent 

conducting the inspection requested flight information of the NOTOC after the flight had 

been loaded, which EVA Airways personnel were once again unable to provide. 

On October 13, 2010, during a follow-up HAZMAT inspection of EVA Airways inbound 

Flight BR 0637 from New York, New York to Seattle, Washington, the FAA agent 

requested flight information of tlie NOTOC, which EVA Airways personnel were unable to 

provide. 

All three of the above-mentioned flights transported HAZMAT. 

For all flights mentioned above, EVA Airways failed to retain a copy of each notification of 

the pilot-in-command for ninety days at the airport of departure or the operator's principle 

place of business and failed to have the information required to be retained under 49 C.F.R. 

§ 175.33 readily accessible at the intended airport of arrival or the operator's principle place 

of business for the duration of the flight leg. 

III. 

By reason of the foregoing facts and circumstances, EVA Airways violated the following 

provisions of the Federal Aviation Regulations (14 C.F.R.): 

a. Section 175.33(a)(1), in that it failed to provide the pilot-in-command with the 

correct information concerning the proper shipping name, hazard class, and 

identification number relating to the shipments described above. 

b. Section 175.33(a)(2), in that it failed to provide the pilot-in-command with the correct 

information concerning the total number of packages as required by 49 C.F.R. 

§ 175.33(a) relating to the shipments described above. 

c. Section 175.33(a)(5), in that it failed to provide the pilot-in-command with 

confirmation that no damaged or leaking packages had been loaded on the aircraft. 

d. Section 175.33(a)(9), in that it failed to provide the pilot-in-command with 

confirmation that the package must be carried only on cargo aircraft if its 

transportation aboard passenger-carrying aircraft is forbidden. 

COMPLAINT 

FAA V, EVA Airways Corporation - 201ONM71O061 

Page 3 of6 

KYLH E. LOMAZOW, FA A ATTORNEY 

TEL: 425.227.1847; FAX; 425.227.1007 
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e. 

h. 

Section 175.33(a)(10), in that it failed to provide the pilot-in-command with an 

indication whetiier or not a hazardous material was being carried under tenns of a 

special permit. 

Section 175.33(b), in that it failed to have available to its pilot-in-command a 

copy of the written notification to the pilot, to include the emergency response 

information during transport of the hazardous material aboard the aircraft while in 

flight. 

Section 175.33(c)(2), in that it failed to retain a copy of each notification of pilotin-command for ninety (90) days at the airport of departure or the operator's 

principal place of business. 

Section 175.33(c)(3)5 in that it failed to have the information required to be 

retained under this paragraph readily accessible at the airport of departure and the 

intended airport of arrival for the duration of the flight leg. 

i. Section 175.33(c)(4), in that it failed to make available, upon request, to an 

authorized official of a Federal, State, or local agency at reasonable times and 

locations, the documents or information required to be retained by 49 C.F.R. 

§ 175.33. 

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

[49 U,S.C. §5123(a)l, EVA Au-ways is liable for a civil penalty not to exceed $50,000 for each 

violation of the Department of Transportation Hazardous Materials Regulations. 

3. Under the facts and circumstances of this case, a civil penalty of $20,000 is.appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge 

enter an order that EVA Airways be assessed a civil penalty in the amount of $20,000. 

Respectfully submitted this 14th day of June, 2011. 

Kyl6 E. Lomazow 

FAA Attorney 

COMPLAINT 

FAA V. EVA Airways Corporation - 2010NM710061 

Page 4 of 6 

KYLE E. LOMAZOW, FAA ATTORNEY 

TEL; 42S.227.1847; FAX: 425.227.1007 
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ANSWER 

In accordance with Section 13.209 of the Federal Aviation Regulations, EVA Airways, must 

answer this Complaint not later dian 30 days from the time it is served on it. Failure to file an 

Answer within 30 days without good cause shall be deemed an admission of the truth of each 

allegation contained in the Complaint [14,C.F.R. § 13.209(f)]. 

COMPLAINT 

FAA V, EVA Airways Corporation - 2010NM710061 

Page 5 of 6 

KYLE E. LOM/^ZOW,^ FAA ATTORNEY 

TEL; 425.227.1847; FAX: 425.227,1007 
06/14/2011 13:07 4252271007 ANM7 PAGE 07/08 

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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been served via facsimile and certified mail 

Return Receipt Requested tius date, to the following; 

Federal Aviation Administration (original + 1 copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing .Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Fax: 202. 493.5142 

I also certify that the foregoing Complaint has been served via facsimile and registered mail 

Return Receipt Requested this date, to the following: 

EVA Airways Corporation 

ATTN: Danny Ho 

2F, 376, Hsin-nam Rd. Sec. 1 

Luchu, Taoyuan 

Taiwan, ROC 

TEL: 886-3-3516260 

FAX: 886-3-3510003 

Dated this 14th day of June, 2011. 

IM;^^'^:^ 

Dana Stepnenson 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lmd Ave. SW 

Renton, WA 98057 

(425)227-2164 

CONfPLAINT 

FAA V. EVA Airways Corporation - 2010NM710061 

Po.ge 6 of 6 

KYLE E. LOMAZOW, FAA ATTORNEY 

TEL: 425.227,1847; PAX; 425.227.1007 
06/14/2011 13:07 4252271007 ANM7 PAGE 08/08 

Regional Connsel 

JUN 1 0 2011 

Federal Aviation Administration Date : June 03, 2011 

Attention; Hearing Docket Clerk. AGC-430 

Wilbur Wright Building - Suite 2W1000 

800 Independence Avenue SW 

Washington, DC 20591 

Re: FAA Case No. 2010NM710061 

Dear Sir, 

The Final Notice of Proposed Civil Penalty of the subject case was received on May 31, 2011. 

I, for and on behalf of EVA Airways Corporation, hereby request a hearing in accordance with 

Subpart G of Part 13 of the Federal Aviation Regulations with the understanding that a 

Complaint wUl be filed. I request that the hearing be held in Washington D C I am sending 

diis request both to the FAA attorney at Office of Regional Counsel - ANM-7, Northwest 

Mountain Region, and to the Federal Aviation Administration, Wilbur Wright Building — 

Suite 2W1000, 800 Independence Avenue, SW, Washington, DC 20591, Attention: Hearing 

Docket Clerk, AGC-430. 

Our contact details are as follows, 

Address : 2F, 376, Hsin-nan Rd. Sec. 1, Luchu, Taoyuan, Taiwan, ROC 

Attention: Danny Ho 

Tel: 886-3-3516260 

Fax : 886-3-3510003 

Email: dannvho @,e vaair, co m 

Respondent: 

Signature: 

Naoe : Kuo-Wei, Chajig 

Title: President 

cc: Mr. Kyle E. Lomazow, FAA Attorney 

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