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U.S. Deportmer11 

of Transportation · SouthWest Region 

Arkansas, Louisiana, 

New Mexico. Oi<:lahoma 

Office of Regional Counsel, ASW-7 

2601 Meacham Blvd. 

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.lbur Wright Building, suite 2W1000 

Washington, DC 20591 

Fort Worth; TX 76137 

(817) 222-5099 

t[: 3 ~l (617) 222·5945/5092 FAX 

RECEIVED 

JAN 16 2013 

HEARING DOCKET 

fAA - dfJ/3- Dtyfi) 

Re: Ma~tinaire Aviation, LLC 20llSW700189 

Dear Hearing Docket Clerk: 

Enclosed herewith please 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 

Fort Worth, Texas 76137 
01/23/2013 16:41 FAX 2024935142 

Sincerely, 

ERIC E. ANDERSON 

Regional couns_el 

Southwest Region 

FAA 

/.. ·. 

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... -.~, . ---. . .. . ~ 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 

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RECEIVED 

U.S. DEPARTMENT OF TRANSPORTATION 

. FEDERAL AVIATION ADMINISTRATION JAN 1 6 2013 

In the Matter of; 

Martinaire Aviation LLC 

R~spondent. 

JUDGE NOT ASSIGNED 

OFF!CB OF HEARINGS 

WASHINGTON, DC HEARING DOCKET 

) 

) 

) 

) 

) 

) 

) 

) 

FAA DOCKET No. Not Assigned 

FAA Case No.2011SW700189 

(Civil Penalty Action) 

DMS No. Not Assigned 

COMPLA.l:NT 

The Federal Aviation Administration (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 dated May 30, 2012 and 

by Final Notice of Proposed Civil Penalty dated January 7, 2013 

Martinaire Aviation LLC was advised that the Federal Aviation 

Administration proposed to assess a civil penalty in the amount 

of $206,550.00. 

1. On July 8, 2011 1 the Federal Aviation Administration 

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}. 
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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, City Michigan) failed to 

properly providethe. 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 identification number as required for a 

hazardous materials shipment properly classified as ''Denatured 

Alcohol, 3, NA1987, PG II" (tracking number 1Z2l027701457l9267). 

The NOPIC described the item as "Denatured Alcohol, 3, UN1087". 

The packing group was not provided. 

a. UN 1087 is the identification number for a hazard class 2.1 

item, "Vinyl methyl ether, stabilized". 

9. On May 26, 20ll, the NOPIC for Martinaire flight number 806 

(Houston, Texas (IAH) to San Antonio, Texas (SAT)), failed to 

include the correct proper shipping name and packing group as 

required for two hazardous material shipments properly 

classified as "Petroleum Distillates, 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 identification number. 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 associated hazardous materials shipping paper due to 

a typographical error on the NOPIC involving the tracking 

number. The identification number 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. on May 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 and packing 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 identification number 

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 shipping paper due to 

a typographical error on the NOPIC involving the tracking 

number. The identification number listed, "UN1457" on the NOPIC 

is for a product classified as, "Calcium peroxide, 5.1, UN1457". 

16. On May 13, 2011, the NOPIC for Martinaire flight number 688 

(Columbia, South Carolina (CAE) to Hilton Head Island, South 

Carolina (HXD)), failed to include the complete proper shipping 

name and packing 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 dated May 13, 2011, Martinaire was unable to 

provide the associated hazardous 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$sified as "Chemical Kit, hazard class 9, UN3316" 

(tracking number 1ZSR9lW60123229672). the proper shipping name 

was listed as "BECKMAN COULTE:R11 • . 

19. For the NOPIC dated April 14, 2011, Martinaire failed to 

include the complet~ proper shipping name and packing group as 

required for a shipment properly cla$sified as "Sodium hydroxide 

Solution, hazard class 8, UNlS24", · (tracking number 

1ZSR91WS0123218942) . The proper shipping name was listed as 

"BECKMAN COULTER". Martinaire was unable to provide 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 Lithium Metal 

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, 

identification number and packing 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 and T.JN2800 is the 

identification number for "Battery, wet, non-spillable". 

23. on April 1, 2011, the NOPIC for Martinaire flight number 666 

(ABI-DFW), failed to include the complete proper shipping name 

and packing 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 associated hazardous 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. Transportation Hazardous 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 the pilot-in-command 

the proper shipping name, hazard class and identification number 

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 accepted hazardous 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 description requirements 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 

' 

Please Note 

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Pursuant to Title 14 CFR § 13.209(a), you are required to file a 

written answer to this Complaint, or a written motion to Dismiss 

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 executed original and one copy of the 

Complaint, addressed as follows: 

Hearing Docket 

Attention Hearing Docket Clerk 

Federal Aviation Administration 

600 Independence Avenue, sw 

Washington DC 20591 

Wilbur wright Building-suite 2WlOOO 

Washington, DC 20591 

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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 and Asso.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 

/ 

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