## ...

. > 

### SERVED: JULY 8, 2013

U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF MARTINAIRE AVIATION, LLC DOCKETNo. [TO BE ASSIGNED] (Civil Penalty Action) FDMS No. FAA-2013-0040 

## ZC13 ..'UL

-**<~** 

## A <;: 

## 30

ORDER GRANTING IN PART AND DENYING IN PART COMPLAINANT'S MOTION FORDECISION The Federal Aviation Administration (hereinafter "Complainant") has moved for a decision under Rule 218 (f)(S) oftheRules ofPractice in FAA Civil Penalty Actions, 14 C.P.R. §13.218 (f)(S), arguing that no genuine issue offact exists and that it is entitledto 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 ofpenalty.2 Martinaire's Answer to the Complaint admitted each ofthe facts underlyingthe allegations ofthe Complaint. 1 Indeed, Respondent stated in its Response that 

### it welcomed a finding thatthe allegations "are conclusive" (Response, p. 1 0). Inviewofthe foregoing, it is hereby found and concludedthat 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 ofits proposed penalty amount. As such, thatportion ofComplainant's Motion for Decisionis hereby DENIED. This proceeding will belimitedto the issue ofthe appropriate civil penalty.

Attachments

- Service List Richard C. Goodwin Administrative Law Judge

1 Respondent did not in terms admitthatportion ofParagraph 21 ofthe Complaint which alleges that itfailed to include the proper identification number ofthe hazardous materials shipment therein referenced. However, it did not dispute Complainant's recitation in Paragraph 22 ofthe shipment's correct identification number. See Answer, pp. 6-7. Even in the context ofconstruingthe facts and allegations in the light most favorable to the non-moving party, as I must, I conclude thatRespondent thereby acknowledged that it had not included the proper identification number in the referenced shipment.



# -------------------------------

# ------------------

# ............ 3

'-·•

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 2W1000 1 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 ofthe 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, AdministrativeLawJudge Office ofHearings, M-:20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (E11-310) Washington,DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS No. FAA-2013-0040 (Civil Penalty Action)

1 Servicewas 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.