SKCyKINE 

October 6, 2011 

::i'ARTM£NT OF 

iANSPOfilATIOM 

TTTUI'iO 

ZOi: GC! j l P 1: 3 1 

RE: Hearing Complaint Request Case No. 2010SO700422 ^ 

Federal Aviation Administration J-U-»vi ^ |3£^/^f*"l l #* ^ 

800 Independence Avenue, SW '\ C w C 0 i f C^ ^ 

Washington, DC 20591 . "Uifc/ 

Attention: Hearing Docket Clerk "^ ' ' I 2011 

AGc 430 HEAR//VQ DorircT 

Wilbur Wright Building •^^^'wfV C | 

Room 2W1000 

Attention: Hearing Docket Clerk, 

This letter is a Written Answer to each of the numbered paragraphs Hearing contained in Hearing 

Complaint, dated June 16, 2011: 

1. Admit 

II 

2. DenyOn August 6, 2010, Sky King did not knowingly offer to United Parcel Service (UPS) a one-piece 

consisting of a fiberboard box containing hazardous materials for transportation by air. In an 

interview with the individual in our shipping department who packaged and shipped the 

assembly, he stated that he simply did not realize the unit fell into that category. Not being an 

aircraft technician, he looked at the unit as just another aircraft component. Sky King had 

ensured that this individual had received the proper training to ship Hazardous Materials. The 

Respondent considers this human error and not a willful violation of the Department of 

Transportation Hazmat regulations. 

3. Admit 

Admit only to the fact that the shipment was assigned UPS Next Day Air tracking number/airway 

number 1Z9VX8594490667, 

Deny that a hazardous material shipment was offered by Sky King for transportation. 

Considering the definition of "person who offers or offeror" contained in 49 CFR, Section 171.8, 

since Sky King never considered the shipment as hazardous material. 

4. Admit 

5. Admit 

6. Admit 

7. Admit 
8. Admit 

9. Admit 

10. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not recognize 

the shipment as hazardous materials. 

11. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not recognize 

the shipment as hazardous materials. 

12. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not recognize 

the shipment as hazardous materials. 

13. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not recognize 

the shipment as hazardous materials. 

14. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not recognize 

the shipment as hazardous materials. 

15. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not recognize 

the shipment as hazardous materials. 

16. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not recognize 

the shipment as hazardous materials. 

Ill 

17. Deny 

1. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 

2. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 

3. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 

4. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 
5. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 

6. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 

7. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 

8. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 

9. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 

10. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 

11. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 

12. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 

13. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 

14. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 

15. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 

16. Admit 

17. Deny 

Sky King did not offer hazardous materials for transportation by air. Sky King did not 

recognize the shipment as hazardous materials. 
18. Deny 

49 U.S.C. Section 5123(a) Penalty- (1) a person that knowingly violates this chapter or a 

regulation, order, special permit, or approval issued under this chapter is liable to the United 

States Government for a civil penalty of at least $250 but not more than $50,000 for each 

violation. A person acts knowingly when -

(A) The person has actual knowledge of the facts giving rise to the violation; or 

(B) A reasonable person acting in the circumstances and exercising reasonable care would 

have that knowledge. 

Sky King did not knowingly offer hazardous materials for transportation by air. Sky King did 

not recognize the shipment as hazardous materials. The Respondent considers this human 

error, in that the shipper did not recognize the apparatus as a Fuel Control Unit, and not a 

willful violation of the Department of Transportation Hazmat regulations. The shipper was 

not an aviation mechanic and had no ability to recognize the apparatus as hazardous 

material/Fuel Control Unit. 

18. Deny 

49 U.S.C. Section 5123(a) States- Penalty- (1) a person that knowingly violates this chapter or 

a regulation, order, special permit, or approval issued under this chapter is liable to the 

United States Government for a civil penalty of at least $250 but not more than $50,000 for 

each violation. A person acts knowingly when -

(A) The person has actual knowledge of the facts giving rise to the violation; or 

(B) A reasonable person acting in the circumstances and exercising reasonable care would 

have that knowledge. 

In an interview of the actual shipper it was stated that the shipper did not recognize the 

apparatus as hazardous material. Considering that the Shipper had received the appropriate 

training by a credible provider and the shipper still did not recognize the apparatus as 

hazardous material is evident to the fact a reasonable person acting in the circumstances and 

exercising reasonable care would have that knowledge. In addition, the shipper certainly did 

not have actual knowledge of the facts giving rise to the violation. Notwithstanding, Sky King 

took significant corrective action to ensure we did not repeat this mistake. 

Respectfully submitted. 

StephenvV. Badger 

Sky King, Inc., Representative 

(916) 417-4439 or email sbadger@fly-skyking.com 
CERTIFICATE OF SERVICE 

I hereby certify that on October v , 2011, a copy the forgoing Answer to Order to Show Cause FAA 

Docket NO. CPIOSOOOOO, DMS FAA02011-0670 was sent by United Parcel Service (UPS) courier to: 

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 

ONE COPY 

The Honorable Richard C. Goodwin, 

Administrative Low Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Gerald A. Ellis, Complainant's Counsel 

Attorney, Office of the Regional Counsel 

Southern Region, ASO-7 

Federal Aviation Administration 

P.O. Box 20636 

Atlanta, Georgia 30320 

^/Mephe ephenn A . Badge r ^