03/27/2012 10:1G FAX 202^935142 FAA ^ DMS 0 001/006 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southern Region.:/nniMtNi Q!" P.O. Box 20636 

Office of the Regional Counsel •.'fi I.AT!'J;\' Atlanta, Georgia 30320 

; .'KL ; OPERATiCiNi-; 

(404) 305-5200 

^^i ^ i-/;-^ /•] A ;!• 5q("104)305-5223 FAX 

IMP 2 0 2012 

CERTIFIUD - RFTURN RHCEIPT REQUESTED 

Hearing Docket Clerk 

FAA. AGC~430. Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW • 

Washington, DC 20591 

RECEIVED 

M.'^S 2 E 2012 

HEARING DOCKET 

Re: In the Matter of Air Transport International. LLC C^O/^ " O-j/O/L^ 

FAA Case No. 2011SO700200 

Hrtclosed 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 FAA requests that :he hearing in this matter be held in the Raleigh, North Carolina area, and 

expects that the hearing will last one day. 

Please address all communicaiions for the FAA to the undersigned, at: 

Federal Aviation Administration 

Otriee of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, focsimile (404) 305-5223. 

Sincerely. 

GERALD A. ELLIS 

Attorney 

Office of the Regional Counsel 

Knclosures 
03/27/201 2 10:16 FAX 2024935142 FAA - DMS I2|002/00G 

AIR TRANSPORT INTERNATtONAL, L±. a 

Federal Aviation Administration 

Attn: Hearing Docket Clerk - AGC-430 

800 Independence Avenue SW 

Wilbur Wright Building 

Suite 2WI000 

Washington, D.C. 20591 

' '. / 1 

MAR 1 4 2012 

March 9,2012 

RE:20llSO700200 

Dear Hearing Docket Clerk: 

Air Transport IniemationaJ Limiied Liability Company (A 11) hereby respectfully requests a 

hearing in the matter referenced by the above file number in accordance with the provisions of 

14C.F.R. § 13.16. 

Very Respectfully, 

Cindi McConnell 

President 

One Camel! Center • 2900 Cantrell Road • Lltde Rock. Arkansas 72202 USA 

Phone 501-615-3500 
03/27/201 2 10:16 FAX 2024935142 FAA - DMS @]003/006 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVL^TIO N ADMINISTRATION, 

Complainant, 

vs. 

Air Transport International LX.C. 

Respondent. 

FAA Docket No. 

Judge 

JUDGE NOT YEf ASSIGNED 

COMPLAINT 

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

pui-suant to Rule 208 oJ'the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

L 

1. On March 5, 2012, Respondent, Air Transport International L.L.C. was advised 

through a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalty 

in the amount of $25,000. On March 9, 2012, the Agency Anorney received a written request 

for a hearing from the Respondent. 

II. 

2. On or about December 16. 2010. Air Transport International L.L.C. 

(ATI) knowingly and improperly transported a shipment containing hazardous materials for 

transportation by air. 

3. ATI is a supplemental air carrier holding FAA Certificate No. IXXA544'1'. 

4. The above-mentioned shipment was transported aboard ATI tlight number 

165/16. The shipment was otTered by Diplomat Freight Services, 105 Eastern Ave., Annapolis, 

Maryland 21403, for transportation to the consignee, Jordan International Police Training Center. 

Mueaqqar. Jordan. 

5. At all limes mentioned herein, the above-mentioned shipment was offered 

pursuant to DOT Special Permit No. 12382. 
03/27/201 2 10-16 FAX 2024935142 FAA - DMS ©004/00 6 

6. On or about December 16, 2010. the above-mentioned shipment dcpancd from 

Raleigh/Durham International Airport in North Carolina (RDU), on ATI flight no. 165/16, tail 

number N606AL, a chaner (on-demand) flight, to Jordan. 

7. The above-mentioned shipment contained approximately numerous fiberboard 

boxes each containing Practice Grenades, Igniting Fuzes, or Smoke Ammunition. 

8. (a) The above-described Practice Grenades arc classified as hazardous 

materials under the Department of 1 ransportation Hazardous Materials Regulations (HMR) (49 

C.F.R. § 172.101). 

(b) The proper shipping names of the material are Grenades. Practice. They 

are in Hazard Classes I.4G, or 1.4S (T.xplosive) and have assigned identification numbers of 

UN0452andLrNOllO. 

9. (a) The above-described Igniting Fuzes are classified as hazardous materials 

under lbs Ocpamt^^ni of Jransponation Hazardous Matenct}s Rcgvlaiions ^HMK> ^'49 C.F.R. ^ 

172.101). 

(b) The proper shipping name of the materials is Fuzes, igniting. They are in 

Hazard Class 1.4G (Explosive), and have an assigned identification number of UN0317. 

10. (a) The above-described Smoke Ammunition is classified as hazardous 

materials under the Department of Transportation Hazardous Maierials Regulations (HMR) (49 

C.r.R. § 172.101). 

(b) The proper shipping name of the material is Ammunition, smoke. Ii is in 

Hazard Classes 1 40 (Explosive), and has an assigned identification number of UN0303. 

11. According to column 9a of J}172.101 fable, UN03O3, UN0317, and UN 0452 are 

forbidden on passenger aircraft. 

12. Pumuani to DOT Special Permit No. 12382, paragraph 7(j)(l): 

"Before movement of the aircraft, prior to takeoff, and prior to entering an airport trallic area, 

th^ pilot of the aircraft must notify the control Tower of the class(es) of explosive(s) (including 

ammunition) on board, and request that this information be released to the appropriate airport 

olTicials. This notification must be either communicated by radio transmission or facsimile 

transmission." 

13. ATI did not provide the above-de sen'bed inromnarion to the lAA Air Traffic 

Control Tower at RDU as required by DOT SP I23S2. 
03/27/201 2 10.16 FAX 2024935142 FAA - DMS ©005/OOB 

III. 

14. By reason of the above, ATI violated ihe following Department of Transportation 

Hazardous Materials Regulations (Title 49 of the Code of l-ederal Regulations): 

1. Section 171.2(f) in thai ATI transported a ha7^rdous material in comniorce and 

failed 10 ensure that the hazardous material was transported in accordance with applicable 

requirements of this subchapter, or an exemption or special permit, approval, or registration 

issued under this subchapter or subchapter A of this chapter. Each carrier who transports a 

ha>.ardous material in commerce may rely on information provided by the offeror of the 

hazardous material or a prior carrier, unless the carrier knows or, a reasonable person, acting in 

the circumstances and exercising reasonable care, would have knowledge That the information 

provided by the offeror or prior carrier is incorreci. 

15. Pursuant to 49 U-S.C Section 5123(a), Air Transpon international L.L.C. is 

subject to a civil penalty not lower than $250 ($450 for training-related violations), nor greater 

than $50,000 ($100,000 if death, serious illness, severe injury, or substantial property damage 

results), for each violation of the Department of Transportation Hazardous Materials 

Regulations. 

16. Under the facts and circumstances of this case, a civil penalty of $25,000 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectftilly requests that the Administrative r,aw Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $25,000. 

Respectfully submitted this U u day of March. 2012. 

TT-^L . r T^ . T.//..,.' ^ I 1^ ^^" ^ GERALD A. HLLIS 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written an.swer to this 

Complaint, or a uTitten Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 
03/27/201 2 10:16 FAX 2024935142 'FAA - DMS 0006/00 6 

CERTinCATE OF SERVICE 

I hereby certify thai a copy of the foregoing Complaint has been mailed this date by Certified 

Mail Return Receipt Requested, to the following: 

Hearing Docket Clerk Coriiiinal + 1 copv) . 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Air Transport International L.L.C. 

Attn: Cindi McConnell 

One Cantrell Center 

2800 Cantrell Road 

Little Rock. AR 72202 

vV 

j i 

Le 

Of 

n 

F k 

^e 

•-rnjvrv ^^'"'^c^^^" \ 

NA'MMc'bOWETTrr' 

\ssjstant 

of the Regional Counsel 

IMA 2 0 mz 

Dated