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SERVED: JULY 8, 2013 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

MARTINAIRE AVIATION, LLC 

DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No. FAA-2013-0040 

ZC 13 ..'UL - <~ A <;: 3 0 

ORDER GRANTING IN PART AND DENYING IN PART 

COMPLAINANT'S MOTION FOR DECISION 

The Federal Aviation Administration (hereinafter "Complainant") has moved for a 

decision under Rule 218 (f)(S) ofthe Rules ofPractice in FAA Civil Penalty Actions, 14 C.P.R. 

§13.218 (f)(S), arguing that no genuine issue of fact exists and that it is entitled to a decision on 

the merits and as to penalty as a matter oflaw. Respondent Martiriaire Aviation, LLC 

("Respondent" or "Martinaire") answered by its Response and Objections to Complainant's 

Motion for Decision ("Response"). 

Respondent's Motion for Decision is hereby GRANTED as to the allegations and 

DENIED as to the issue of penalty. 
2 

Martinaire's Answer to the Complaint admitted each of the facts underlying the 

allegations of the Complaint. 1 Indeed, Respondent stated in its Response that it welcomed a 

finding that the allegations "are conclusive" (Response, p. 1 0). 

In view of the foregoing, it is hereby found and concluded that Respondent Martinaire 

Aviation, LLC violated 49 C.F.R. §§ 175.33(a)(l), 175.33(a)(l)(i), and 175.33(a)(7) asserted in 

Complainant's Complaint. 

By contrast, the issue ofthe appropriate civil penalty is genuinely controverted. 

Martinaire has raised several valid defenses to Complainant's arguments in favor of its proposed 

penalty amount. As such, that portion of Complainant's Motion for Decision is hereby 

DENIED. 

This proceeding will be limited to the issue of the appropriate civil penalty. 

Attachments - Service List 

Richard C. Goodwin 

Administrative Law Judge 

1 Respondent did not in terms admit that portion of Paragraph 21 of the Complaint which alleges that it failed to 

include the proper identification number of the hazardous materials shipment therein referenced. However, it did 

not dispute Complainant's recitation in Paragraph 22 of the shipment's correct identification number. See Answer, 

pp. 6-7. Even in the context of construing the facts and allegations in the light most favorable to the non-moving 

party, as I must, I conclude that Respondent thereby acknowledged that it had not included the proper identification 

number in the referenced shipment. 
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SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

ONE COPY 

Michael L. Dworkin, Respondent's Counsel 

Michael L. Dworkin and Associates Law Offices 

465 California Street, Suite 210 

San Francisco, CA 94104-1808 

TEL: 415-421-2500 

FAX: 415-421-2560 

James Archier, Complainant's Counsel 

Agency Attorney, Office of the Regional Counsel 

Southwest Region 

Federal Aviation Administration 

2601 Meacham Blvd., Suite 6E 

Fort Worth, TX 76137 

TEL: 817-222-5074 

FAX: 817-222-5092 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-:20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant 

FAX: 202-366-7536 

FDMS No. FAA-2013-0040 

(Civil Penalty Action) 

1 

Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, 

DC 20591, Attention: Hearing Docket Clerk, AGC-430.