UNITED STATES DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

In the Matter of: TEXAS ARMY NATIONAL GUARD 

FAA Order No. 2012-6 

Docket No. CP09SO0014 

FDMS No. FAA-2009-10451

Served: June 18, 2012 

 

ORDER DENYING PETITION TO RECONSIDER OR MODIFY2

On June 8, 2012, Respondent Texas Army National Guard (Respondent) 

filed a timely petition to reconsider or modify FAA Order No. 2012-3 (May 22, 

2012). FAA Order No. 2012-3 assessed Respondent a civil penalty of $30,000 for 

violations of the Department of Transportation Hazardous Materials Regulations 

(HMR), 49 C.F.R. Parts 171-178. 

In its petition to reconsider, Respondent argues, as it did in its appeal brief 

(Appeal Brief at 7), that the civil penalty guidelines that apply to this case are 

found at 49 C.F.R. Part 107, Subpart D, Appendix A. As stated in FAA Order 

No. 2012-3, however: 

... Appendix A contains the penalty guidelines published by the 

Pipeline and Hazardous Materials Safety Administration (PHMSA) 

 1

 Materials filed in the FAA Hearing Docket (except for materials filed in 

security cases) are also available for viewing at the following Internet address: 

www.regulations.gov. 

2

 The Administrator’s civil penalty decisions, along with indexes of the decisions, 

the rules of practice, and other information, are available on the Internet at the following 

address:www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/AGC400

/Civil_Penalty. In addition, Thomson Reuters/West Publishing publishes Federal Aviation 

Decisions. Finally, the decisions are available through LEXIS (TRANS library) and 

WestLaw (FTRAN-FAA database). For additional information, see the Web site.
2

for the transportation of hazardous materials by ground. Atlas 

Frontiers, FAA Order No. 2010-10 at 10 (June 16, 2010). 

The PHMSA is the administration within the Department of 

Transportation (DOT) that promulgates the HMR. The FAA has 

the delegated authority to enforce the federal hazardous materials 

transportation law and HMR regarding air shipment of hazardous 

materials. FAA Order No. 2150.3B, Appendix C, ¶ 1.c, citing 

49 C.F.R. § 1.47(j). 

FAA Order No. 2012-3 at 6 n.8. The Administrator explained in FAA Order 

No. 2012 at 5-6 that the FAA penalty guidelines apply to this case, which 

involves the transportation of hazardous materials by air. These guidelines are set 

forth in Appendix C, entitled “Sanction Guidance, Hazardous Materials 

Enforcement,” of FAA Order No. 2150.3B, entitled “FAA Compliance and 

Enforcement Program.” FAA Order No. 2012-3 at 5-6. 

 THEREFORE, Respondent’s petition for reconsideration is denied under 

14 C.F.R. § 13.234(d)3

 and a $30,000 civil penalty is assessed.4

MICHAEL P. HUERTA 

ACTING ADMINISTRATOR 

Federal Aviation Administration 

[Original signed by Vicki Leemon.] 

VICKI LEEMON5

Manager, Adjudication Branch 

 3

 Section 13.234(d) provides as follows: “The FAA decisionmaker will not 

consider repetitious or frivolous petitions. The FAA decisionmaker may summarily 

dismiss repetitious or frivolous petitions to reconsider or modify.” 

 

4 Under the Rules of Practice, unless Respondent files a petition for review with a 

Court of Appeals of the United States under 49 U.S.C. § 46110 within 60 days of service 

of this order, this order is an order assessing civil penalty. 14 C.F.R. §§ 13.16(d)(4) and 

13.233(j)(2). 

5

 Issued under authority delegated to the Chief Counsel and the Assistant Chief 

Counsel for Litigation by memorandum dated October 27, 1992, under 49 U.S.C. 

§ 322(b) and 14 C.F.R. § 13.202 (see 57 Fed. Reg. 58,280 (1992)) and redelegated by the 

Assistant Chief Counsel for Litigation to the Manager, Adjudication Branch, by 

Memorandum dated August 6, 1993.