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U.S.Deportmer11 ofTransportation· SouthWestRegion Arkansas,Louisiana, NewMexico.Oi<:lahoma OfficeofRegionalCounsel,ASW-7 2601MeachamBlvd. Federal Aviation Administration Texas

Via Federal Express January 15;. 2013 Hearing Docket· Attention: Hearing Docke.t· Clerk,**AGC~430 Feder~l.Aviaci9n**  Administratioh 600 Independence**Avenu~,** SW Wi.lburWright Building, suite 2W1000 Washington, DC 20591 FortWorth;TX76137 (817)222-5099 t[:

## 3**~l** (617)222·5945/5092FAX 

# RECEIVED JAN162013 

## HEARINGDOCKET 

# fAA

-dfJ/3-Dtyfi)
Re:**Ma~tinaire** Aviation, LLC 20llSW700189 Dear Hearing Docket Clerk: Enclosed herewithplease find a copy of Martinaire's request for a hearing dated, January 9, 2013. In addition, we have enclosed the original of the complaint in the abovereferenced case. I request that this hearing be held in Fort worth, Texas. I expect the hearing to last three days. Please address all communications for the Regional Counsel, Southwest Region to the undersigned, at; James Archier, Attorney Office of Regional Counsel Southwest**~egion** 2601 Meacham Blvd., Suite 6E FortWorth, Texas 76137

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### Sincerely,
ERIC E. 

### ANDERSON Regional couns_el Southwest 

### Region FAA

/.. ·. \

## -~·',; ...

## -.~, "--.. /

. . . ---. . .. .**~** L 

### sy-·:·-:::·.-·**-~'(!. ~l**  .----a-ames Archier, 

### Agency Attorney ./·· (8:J_

. .7) 222-5074 " ,. . -. OMS**~~-·--···** 

### Enclosures: 

### Request for Hearing, Complaint, Certificate of 

### Service
cc: Michael L. Dworkin, 

### Esquire

2**~**002/009

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# ...........01/23/2013 18:41 FAX 2024935142 FM -+ OMS**~**003/009 

# RECEIVED U.S. DEPARTMENT OF TRANSPORTATION

.FEDERAL AVIATION ADMINISTRATION 

### JAN 1 62013

In the Matter of; 

### Martinaire Aviation

### LLC**R~spondent.**

JUDGE NOT ASSIGNEDOFF!CB OF HEARINGS 

### HEARINGDOCKET WASHINGTON, DC ) ) ) ) ) ) ) ) FAA DOCKET No. NotAssigned 

### FAA CaseNo.2011SW700189 (Civil 

### Penalty Action) 

### DMS No. Not Assigned

COMPLA.l:NT The Federal AviationAdministration (hereinafter "FAA'') files its complaint under Rule 208 of the Rules of Practice in FAA Civil Penalty Actions/ 14 C.F.R. § 13.208 and states the following:
I. By Notice of Proposed Civil Penalty datedMay 30, 2012 and by Final Notice of Proposed Civil Penalty dated January 7, 2013 Martinaire Aviation LLC was advised that the Federal Aviation Administrationproposed to assess a civil penalty in the amount of $206,550.00. 1. On July 8, 2011 1 the Federal AviationAdministration conducted a comprehensive hazardous material inspection at Martinaire Aviation LLC ("Martinaire'') headquarters, 4553 Glenn Curtis Drive/ Addison/ Texas. 2. The assessment revealed that Martinaire routinely failed to properly complete and comply with the requirements for the Notification to Pilot-In-Command for hazardous materials transported via cargo-carrying flights. 3. On**~une** 22, 2011, the Notification to Pilot-In-Command ("NOPIC") for Martinaire flight number 637 (Woodward/ Oklahoma (WWR)-Oklahoma City, Oklahoma (OKC)) f.ailed to incluCle the proper shipping name and hazard class as required for a hazardous materials shipment classified as "Compressed Gas, N.O.S., 2.2, UN1956" (tracking number 1Z72642590l00064105}.01/23/2013 18:41 FAX 2024935142 FAA -t OMS 141004/009

4. on June 22, 2011, the NOPIC also.failed to provide the proper·shipping name·tor two shipments properly classified

### as Dry Ice, 9; ·mn845, PG !·II on tracking numbers 1ZW27E67WT8·6012673 and 1ZW9688X:TJT44430534. The proper shipping names provided·by Martinaire were "Boehringer" and "JCAH", respectively. 5. OnJune 6, 2011, the NOPIC for Martinaire flight number 600 (Lansing, Michigan to Travers.e, CityMichigan) failed to properlyprovidethe.correct basic hazardous materials shipping description for a shipment classified as Paint, 3, UNl263, PGII (tracking number 1Z4246510449376106). The packing group was not provided as required. The Martinaire NOPIC described the item as ''Paint, 3, UN1245, 6. ON1245 is the identification number for another hazardous tnaterial, methyl isobutyl ketone. Methyl isobutyl ketone is a packing group II flammable liquid. 7. On June 6, 2011, the NOPIC for Martinaire flight number 682 (Wilmington, North carolina (ILM) to Raleigh-Durham International Airport (RDU), Raleigh, North Carolina) failed to include the correct identificationnumber as required for a hazardous materials shipmentproperly classified as ''Denatured Alcohol, 3, NA1987, PG II" (tracking number 1Z2l027701457l9267). The NOPIC described the item as "DenaturedAlcohol, 3, UN1087". The packing group was not provided.


## a. UN 1087 is the identificationnumber for a hazard class 2.1 item, "Vinylmethyl ether, stabilized". 9. On May 26, 20ll, the NOPIC for Martinaire flight number 806 (Houston, Texas (IAH) to SanAntonio, Texas (SAT)), failed to include the correct proper shipping name andpacking group as required for two hazardous material shipments properly classified as "PetroleumDistillates, N.

### o.S., ha.zard class 3, UN12Ei8, PG III," (airway bill number 9771203122 and 8771205lll). 10. For the NOPIC dated, May 26, 2011, "Distillates" was the proper shipping name provided for on the NOPIC. Air waybill number 8771203122 failed t6 include the correct identification number (listed on the NOPIC as "128")

. ''128" is not a recognized identificationnumber. Additionally, neither the flight number nor the date was listed on the NOPIC. 11. On May 24, 2011, the NOPIC for Martinaire flight number 666 (Abilene, Texas (ABI), to DFW) failed to include the complete
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proper shippl.rig name, hazard class and correct identification number.as.required for a hazardous material shipment properly classified as·Helium, compressed, hazard clas.s 2.2, UN1046 (tracking number 1Z0491690144l6999).· 141005/009

12. For the NOPIC dated.'May 24, 2011,.Martinaire was unable i:.o provide the associatedhazardous materials shipping paper due to a typographical error on the NOPIC involving the tracking number. The identificationnumber listed on the NOPIC, "UNl064'', is for a product that is forbidden for transportation on cargo aircraft,. Methyl Mercatan, 2.3 (2.1) N1064. 13. onMay 19!·261i, the NOPIC for Martinaire flight number 601 (Lansing, Michigan (LAN) , to Houghton County,·Michigan (CMX)) failed to include the complete proper shipping name, hazard class andpacking group as required for 

### a hazardous materials shipment properly classified as "Organophosphorus Compound, Toxic, Liquid, N.O.S. (Diphenylphosphoryl Azide), 6.1 UN3278, PGII" (tracking number 1Z9444340274593550). The NOPIC identified the hazard class as "5.1". 14. On May 14, 2011, the NOPIC for**Martinair~** flight number 700 (RDU, to New Bern, North Carolina (EWN)), failed to include the complete proper shipping name and correct identificationnumber as required for a hazardous materials shipment properly classified a.s "Printing Ink, hazard class 3, UN1210, (tracking number (lZ337E30446005). 15. For the NOPIC dated May 14, 2011, Martinaire was unable to provide the associated hazardous materials shippingpaper due to a typographical error on the NOPIC involving the tracking number. The identificationnumber listed, "UN1457" on the NOPIC is for a product classified as, "Calciumperoxide, 5.1, UN1457". 16. On May 13, 2011, the NOPIC for Martinaire flight number 688 (Columbia, South Carolina (CAE) to HiltonHead Island, South Carolina (HXD)), failed to include the complete proper shipping name andpacking group as required for a hazardous materials shipment properly classified as 11Corrosive liquid, acidic, inorganic, N.O.s., hazard class 8, UN3264, (tracking number 1ZR91W8023572881)

. 17. For the NOPIC datedMay 13, 2011, Martinaire was unable to provide the associatedhazardous material shipping paper because of the typographical error on the NOPIC involving the tracking number. The proper shipping name was depicted on the NOPIC as "NOS".
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18. 

## on April 14, 2011, the NOPIC for Martinaire flight 637 (WWR to OKC), failed to include the complete proper shipping name and packing group as required for a hazardous materials shipment properly cla$sifiedas "Chemical Kit, hazard class 9, UN3316" (tracking number 1ZSR9lW60123229672). the proper shipping name was listed as "BECKMAN COULTE:R11 • . 19. For the NOPIC datedApril 14, 2011, Martinaire failed to include the**complet~** proper shipping name andpacking group as required for a shipment properly cla$sified as "Sodium hydroxide Solution, hazard class 8, UNlS24",·(trackingnumber 1ZSR91WS0123218942)

. The proper shipping name was listed as "BECKMAN COULTER". Martinaire was unable toprovide the associated hazardous materials shipping papers due to a typographical error on the NOPICS involving the tracking number. 20. On April 12, 2011, the NOPIC for Mareinaire flight number 637 (WWR to OKC), failed to include the proper shipping name and packing group for shipments of items classified as LithiumMetal Batteries Packed with Equipment, hazard class 9, UN3091, PG II and Lithium Metal Batteries, hazard class 9, UN3090, PG II (tracking numbers 1Z88474901502350l5 

### &1Z8847490150241628, respectively) as required. 21. On April 12, 2011, the NOPIC for Martinaire flight number 685 (Eugene, Oregon (EUG) to Portland, Oregon (PDX)), failed to include the complete proper shipping name, hazard class, identificationnumber andpacking group as required for a hazardous materials shipment properly classified as "Caproic Acid, hazard class, uN2829, PG III" (tracking number lZ074E300205633517)

. The NOPIC described the shipment as ''Coret acid, hazard class 3, UN2800." 22. For the NOPIC dated April 12, 2012, Hazard Class "3" is designated for flammable liquids andT.JN2800 is the identificationnumber for "Battery, wet, non-spillable". 23. onApril 1, 2011, the NOPIC for Martinaire flight number 666 (ABI-DFW), failed to include the complete proper shipping name andpacking group as required for a hazardous materials shipment properly classified as ''Sodium hydroxide Solution, hazard class 8, UN1824", (tracking number lZ751189011649924). The proper shipping name was listed on the NOPIC as ''Corr"

. 24. For the NOPIC dated April 1, 2011, Martinaire was unaole to provide the associatedhazardous materials shipping paper due to
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a typographical error on the NOPIC involving the tracking number. II. 25. By reas·on of.the c;tbove I Martinaire violated the following Department of.TransportationHazardous Materials Regulations (Title 49 of the Code 

### of Federal Regulations): 

### Ia!007/009

a. Section l75.33(a)(1) (4:3 c.:F

..R. §. 175.33(a}(1) in that it accepted hazardous material aboard an aircraft for transporta.tion by air and failed to provide thepilot-in-command theproper shipping name, hazard class and identificationnumber of the hazardous material aboard the aircraft. b. Section 175.33(a)(1) (i) (4:3 C.F'.R. § 175.33(a)(1)(i) in that it acceptedhazardous material aboard an aircraft for transport:tion by air and failed to provide the**pilot~in-command** the proper shipping name/ hazard class, identification number and any additional descriptionrequirements provided in §§ 172.202, and 172.203 of the hazardous material aboard the aircraft.

c. Section l75.33(a)(7) (49 C.F.R. § 175.33(a)(7) in that it accepted hazardous material aboard an aircraft for transportation by air and failed to provide the pilot-in-command the date of the flight. III. Pursuant to Section 107.329 of the Hazardous Materials Transportation Law, as amended, [49 CFR § 107.329 and 49 U.S.C. § 5123(a)(1)], Martinaire Aviation, LLC is liable for a civil penalty not to exceed $55,000.00 for each of the violations alleged. Under the facts and circumstances of this case, a civil penalty of $206,550.00 is appropriate. WHEREFORE, the Regional Counsel for the Federal Aviation Administration, Southwest Region, respectfully requests that the Administrative Law Judge enter an Order that Martinaire Aviation LLC be assessed a civil penalty in the amount of $206,550.00 for the violations alleged in this complaint.

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Respectfully submitted this**15~** day of January 2013.

ERIC 

### E. ANDERSON Regional Counsel Southwest Region

'

PleaseNote**~**008/009

Pursuant to Title 14 CFR § 13.209(a), you are required to file a written answer to this Complaint, or a writtenmotion toDismiss if appropriate, not later than thirty (30) days after the date shown on the Certificate of Service which is attached to this document. CE!tTI.FICATE OF SERVICE Re: Martinaire Aviation, LLC, FAA case No. 20llSW700189 I hereby certify that on January 15, 2013, I have sent via Federal Express an executedoriginal and one copy of the Complaint, addressed as follows: HearingDocket Attention HearingDocket Clerk Federal AviationAdministration 600 Independence Avenue, 

### sw WashingtonDC 20591 Wilbur wright Building-suite 2WlOOO Washington, DC 20591

601/23/2013 18:42 FAX**~0249~5142** FAA + OMS



### I f'Urther certify·that on·this date., I have sent 

### via ·Federal 

### Express a 

### true.copy of the 

### complaint, addressed as



### follOWS; Mr. 

### Michael L. Dworkin andAsso.ciates Law 

### offic'es 465 California Street, S'Uite 210 San Francisco, 

### California 94104-1808
Dated: Jan'Ual:y 15, 2013



### ERIC E. ANDERSON Regional counsel Southw·est Region

# s-~£dM-**~** es Archier, 

### Agency Attorney / /817) 222-5074 

# /

7**~**009/009