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U.S. Department 

Of Transportation 

Federal Aviation 

Administration 

Office of Regional Counsel 

Northwest Mountain Region 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425)227-1417 

Fax:(425)227-1007 

SCOTT.MORRIS@FAA.GOV 

October 6, 2010 

VIA FACSIMILE AND CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Attn: Hearing Docket Clerk, AGC-430 

Hearing Docket 

Federal Aviation Administration 

(Wilbur Wright Bldg ~ Room 2W1000) 

800 Independence Avenue S.W. 

Washington, D.C. 20591 

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Re: In the Matter of Corporate Air, Case No. 2008NM700126 [CPfOWrrtOOlO / [TV,^. ^ (T^ ^ /RP 

Enclosed 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 the hearing in this matter be held in Seattle, Washington, and expects that 

the hearing will last two (2) days. 

For scheduling purposes, Federal Aviation Administration (FAA) attorney, Scott R. Morris will be 

unavailable in year 2010: October 1-12, October 18-21, October 26-28, November 1-5, 

November 10-15, November 22-26, December 1-3, December 8-17 and December 27-31. 

Please address all communications for the FAA to the undersigned at: 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Telephone: 425.227. 1417 

FAX: 425.227.1007 

Sincerely, 

. Attorney 

Enclosures: Request for Hearing (Appeal) 

Complaint 
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SCOTT R. MORRIS 

FAA OFFICE OF REGIONAL COUNSEL 

1601 LIND AVE., SW 

RENTON, WASHINGTON 98057 

TELEPHONE: 425.227.1417 

FACSIMILE: 425.227.1007 

In the Matter of: 

Corporate Air 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

FAA Case No. 2008NM700126 

JUDGE NOT ASSIGNED 

JUDGE NOT ASSIGNED: 

COMPLAINT 

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

pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I. 

On September 17, 2010, Corporate Air was advised through a Final Notice of Proposed 

Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $45,000. On 

September 30, 2010, Corporate Air, through legal counsel, submitted a written request for a 

hearing. 

II. 

1. Corporate Air is a business entity that regularly offers, accepts, or transports hazardous 

material (HAZMAT). 

2. Corporate Air is also an air carrier with 50 or more pilots and operates 25 or more aircraft. 

COMPLAINT 

FAA V. Corporate Air 

FAA Case No. 2008NM700126 

Page 2 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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3. On or about May 9, 2008, at or near Bozeman, Montana, Corporate Air knowingly accepted a 

shipment (a fiberboard box) from Federal Express (FedEx) for transport in commerce. 

4. Bioscience Laboratories, Inc. (BLI) was the shipper. 

5. BLI requested FedEx provide "2-day delivery" service and the shipment was destined for 

Petaluma, California. 

6. Corporate Air provides feeder service for FedEx. 

7. This BLI shipment was transported by use of FedEx air waybill 0201 7900 11313014. 

8. At Bozeman, Montana, FedEx employees loaded this shipment on to a Corporate Air Cessna 

208 aircraft, flight 7772-13, for transport to Great Falls, Montana. 

9. This shipment was loaded into the Zone 3/4 compartment of the Cessna 208. 

10. The Zone 3/4 compartment of this Cessna 208 was inaccessible to the flight crew and did not 

have a fire suppression system. 

11. The above shipment flew from Bozeman, Montana to Great Falls, Montana, Montana on or 

about May 12, 2008. 

12. During off-loading operations of Corporate Air Cessna 208 aircraft, flight 7772-13, at Great 

Falls, Montana, Federal Aviation Administration (FAA) Hazardous Material Agents were 

conducting surveillance and observed a shipment being transported by use of FedEx air 

waybill 0201 7900 11313014. 

13. This shipment was observed stowed in Zone 3/4 of the Cessna 208 aircraft prior to its 

removal from the aircraft. 

14. This shipment was marked with UN2428 and was bearing a Class 5.1 hazard label indicating 

that it contained HAZMAT; however, this shipment was not marked with a HAZMAT 

shipping name. 

15. The shipping papers that accompanied this shipment also indicated that the contents of the 

shipment were classified as Sodium chlorate, aqueous solution. Class 5.1, UN2428, PG II. 

16. At no time was the pilot of the aircraft transporting these items informed that this HAZMAT 

was aboard the aircraft or even where it was stowed aboard the aircraft. 

17. Furthermore, there was no FedEx inspection sticker on the shipment indicating that it had 

been inspected by a FedEx dangerous good specialist prior to transportation. 

18. On May 16, 2008, at Great Falls, Montana, FAA Hazardous Material Agents observed offloading operations of another Corporate Air aircraft arriving from Wolf Point, Montana. 

COMPLAINT 

FAA V. Corporate Air 

FAA Case No. 2008NM700126 

Page 3 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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19. During these off-loading operations, the Agents observed two improperly marked packages 

of Biological substances. Category B UN3373. 

20. Specifically, shipments being transported by use of FedEx tracking numbers 864741916094 

and 864857936503 did not have the "Biological Substances, Category B" marking on the 

outer pack nor did they have the UN3373 marking as described in 49 C.F.R. Section 

173.199(a)(5). 

ni. 

1. By reason of the foregoing facts and circumstances, FedEx violated the following sections of 

the Federal Aviation Regulations (14 CFR): 

a. Section 171.2(e), in that it accepted HAZMAT to be shipped in air commerce which were 

not properly classed, described, packaged, marked, labeled, or in a condition for shipment 

required by the Hazardous Material Regulations (49 C.F.R. Parts 171, et. seq.). 

b. Section 171.2(f), in that it transported a HAZMAT in commerce when the HAZMAT was 

not transported per applicable requirements of 49 C.F.R. Subchapter C. 

c. Section 173.199(a)(5), in that it transported ^ Category B infectious substance when the 

proper shipping name "Biological substance. Category B" was not on the outer packaging 

or clearly visible. 

d. Section 173.199(a)(5), in that it transported a Category B infectious substance when the 

UN3373 marking was not displayed on the outer packaging or clearly visible as required 

by this subparagraph. 

e. Section 175.3, in that it accepted for transport aboard an aircraft, HAZMAT that were not 

prepared for shipment in accordance with the Hazardous Materials Regulations (49 

C.F.R., Subchapter C). 

f. Section 175.30(a)(1), in that it accepted a HAZMAT for transportation on an aircraft 

when it failed to ensure that the HAZMAT is authorized and within the quantity 

limitations specified for carriage aboard aircraft according to 49 CFR Section 172.101 or 

as otherwise specifically provided by 49 C.F.R. Subchapter C. 

g. Section 175.30(a)(3), in that it accepted a HAZMAT for transportation on an aircraft 

without the package being marked per subpart D of 14 C.F.R., Part 172. 

h. Section 175.33(a), in that it carried a shipment of HAZMAT subject to the provisions of 

Subchapter C of Title 49 C.F.R. when the information required by this section was not 

provided in writing to the pilot in command prior to departure. 

COMPLAINT 

FAA V. Corporate Air 

FAA Case No. 2008NM700126 

Page 4 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL; 425.227.1417; FAX: 425.227.1007 
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i. Section 175.501 (a), in that it loaded a package containing an OXIDIZER label in an 

inaccessible cargo compartment that did not have a fire or smoke detection system and a 

fire suppression system. 

2. In accordance with Section 5123(a) of Title 49 of the United States Code (Transportation) 

[49 U.S.C. §5123(a)], FedEx is liable for a civil penalty not to exceed $50,000 for each 

violation of the Department of Transportation Hazardous Materials Regulations. 

3. Under the facts and circumstances of this case, a civil penalty of $45,000 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Corporate Air be assessed a civil penalty in the amount of 

$45,000. 

Respectfully submitted this 6th day of October, 2010. 

Sc^t ^ Morris 

F X A Attorney 

COMPLAINT 

FAA V. Corporate Air 

FAA Case No. 2008NM700126 

Page 5 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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ANSWER 

In accordance v^th Section 13.209 of the Federal Aviation Regulations, FedEx, must answer this 

Complaint not later than 30 days from the time it is served on it. Failure to file an Answer within 

30 days without good cause shall be deemed an admission of the truth of each allegation 

contained in the Complaint [14.C.F.R. 13.209(f)]. 

COMPLAINT 

FAA V. Corporate Air 

FAA Case No. 2008NM700126 

Page 6 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been served via facsimile and certified mail 

Return Receipt Requested this date, to the following: 

Federal Aviation Administration (original and one copy) 

800 Independence Avenue SW 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

Fax: 202. 493.5142 

Cynthia Chandler-Snell, Sr. Attorney 

Federal Express Corporation 

Regulatory Division 

3620 Hacks Cross Road 

Building B, 3''' Floor 

Memphis, TN 38125 

TEL: 901-434-8361 

FAX: 901-434-8283 

Dated this 6th day of October, 2010. 

./C-A/JL-: M>i:. 

)ANA STEPHENSON 

Office of Regional Counsel (ANM-7) 

Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

425.227.2164 

.J 

COMPLAINT 

FAA V. Corporate Air 

FAA Case No. 2008NM700126 

Page 7 of 7 

SCOTT R. MORRIS, FAA ATTORNEY 

TEL: 425.227.1417; FAX: 425.227.1007