1 2 3 4 5 6 7 8 9 

### 10 11 12 13 14 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. In the Matter of: § § 

### FAA Case No. § 

### 2011SW700189 Page 1

§ 

### FDMS No. FAA-2013-0040 § § 

### Judge: Honorable MARTINAIRE AVIATION, LLC § 

### Richard C. Goodwin

************************* 

### ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN May 17, 2013 *************************

# ~-

...,.,ORIGINAL

15 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN, produced as 16 a witness at the instance of the PLAINTIFF, and duly 17 sworn, was taken in the above-styled and numbered cause 18 onMay 17, 2013 from 10:07 a.m. to 10:25 a.m., before 19 Jana K. Richter, CSR, CMRS, CLR, RSA in and for the State 20 of Texas, reportedbymachine shorthand, at Regus Office 21 Suites, 2000 East Lamar Boulevard, Suite 600, Arlington, 22 Texas 76006, pursuant to the Federal Rules of Civil 23 Procedure and the provisions stated on the record or 24 attached hereto. 25 Sunbelt Reporting &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, SanAntonio

### ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1 

### A P P E A R A N C E S 2 

### 3 ATTORNEY FOR MARTINAIRE AVIATION, LLC: 4 

### Mr. Michael L. Dworkin 5 MICHAEL L. DWORKIN AND ASSOCIATES 465 California Street, Suite 210 6 San Francisco, California 94104 Telephone: 415-421-2500 7 Facsimile: 415-421-2560 8 

### 9 ATTORNEYS FOR FEDERAL AVIATION ADMINISTRATION: 10 Mr. James Archier 11 Ms. BeckyHolmes FEDERAL AVIATION ADMINISTRATION 12 Office of Regional Counsel Southwest Region, ASW-7 13 2601 Meacham Boulevard, Suite 6E Fort Worth, Texas 76137 14 Telephone: 817-222-5099 Facsimile: 817-222-5092 15 16 ALSO PRESENT: 17 Mr. Alan S. Rusinowitz 18 

### * * * * * 19 20 21 22 23 24 25 Sunbelt Reporting &Litigation Services Page 2

Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, SanAntonioPage 3 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1 INDEX 2 Page 3 Appearances

...................................... 2 4 ExaminationbyMr. Michael L. Dworkin

........... 4 5 Changes and Signature

............. 16 6 Reporter's Certification

.............................. 18 7 8 

### * * * * 

## * 9 10 EXHIBIT INDEX 11 Number Description Page Marked 12 1 Resume of Bryan E. Buchanan

.................. 4 13 14 15 16 17 18 19 20 21 22 23 24 25 Sunbelt Reporting 

### &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, SanAntonio

### Page 4 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1 BRYAN EDWARD BUCHANAN, 2 havingbeen first duly sworn, testified as follows: 3 EXAMINATION 4 (Buchanan Exhibit 1 was marked.) 5 QUESTIONS BY MR. MICHAEL L. DWORKIN: 6 Q 

### Goodmorning. 7 A 

### Good morning, sir. 8 Q 

### Can we get your full name and your FA position, 9 for the record? 10 A 

### Yes. Bryan Edward Buchanan, manager of 11 hazardous materials section. 12 Q 

### And where is that? 13 A 

### In Fort Worth, Texas. 14 Q 

### Okay. So you're the manager of hazardous 15 materials for Southwest Region? 16 A 

### I'm a sectionmanager. I have a supervisor as 17 well. 18 Q 

### Okay. And what are yourprincipal duties and 19 responsibilities? 20 A 

### I supervise nine special agents who conduct 21 inspections in a six-state area, Texas and the states 22 that border Texas. 23 Q 

### Okay. And one of those agents is inspector 24 Klimas? 25 A 

### Correct. Sunbelt Reporting 

### &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, SanAntonioPage 5 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1 Q I'm showing you what has been marked Klimas 2 Exhibit 1, which is the notice of deposition. Have you 3 seen that document before? 4 A Yes. 5 Q Okay. And in connectionwith your attendance 6 here at this deposition, have you brought any writings or 7 documents with you? 8 A No. 9 Q Okay. Have you ever had your deposition taken 10 before? 11 A No. 12 Q Okay. Let's go through some of the rules of 13 engagement. Okay? 14 A Okay. 15 Q This is not intend to be the Spanish 16 Inquisition. I'mnot here to make you uncomfortable. If 17 you need to take a break, you take a break. 18 Although we are in a relatively informal 19 setting, your testimony is under oath under penalty of 20 perjury. We can use it at the hearing. What is being 21 saidhere is being recorded by the court reporter on the 22 right and will be transcribed into a booklet form. When 23 the transcript is completed, you'll be provided with the 24 opportunity to review it and you can make any changes or 25 additions or corrections that you need to. However, Sunbelt Reporting 

### &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, SanAntonioPage 6 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1 should this matter go to hearing, I can comment on the 2 changes that you've made. So it wouldbehoove you to, 3 you know, give us your best answer today. Okay? 4 A Okay. 5 Q Because of the limitations of the court 6 reporting system, the court reporter can only take down 7 what one person is saying at a time, so it's very 8 important that we don't step on each other. Allowme to 9 finish the questionbefore you answer it. And if you 10 don't understandmy question, if you don't completely 11 hear my question, just tell me, you know, ask me to 12 repeat it. I will not be offended. 13 Is there a -- I don't want you to guess. I 14 can ask you for a good-faith estimate, but not a guess. 15 And the differences between an estimate and a guess is if 16 I were to ask you to estimate the length of this table, 17 you could give me a good-faith estimate. If I asked you 18 to estimate how big the conference table was in my office 19 and you've never been to my office, that would be a wild 20 guess. I don't want you to guess. 21 Is there any reason -- oh, also, it is very 22 important that answers be verbalized. Anod of the head 23 or a shake of the head doesn't show up in the court 24 reporter's transcript. Likewise, "uh-huh" and "huh-uh" 25 appearvery, very similar, so it's important that "yes" Sunbelt Reporting 

### &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, SanAntonioPage 7 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1 answers be answered in the affirmative, and "no" answers 2 be answered in the negative. 3 A Understood. 4 Q Is there any reason why your deposition cannot 5 be taken today? 6 A No. 7 Q Are you under the influence of any drug or 8 medication that would adversely affect your ability to 9 have your deposition taken today? 10 A No. 11 Q Okay. I'm showing you what has been marked as 12 BuchananExhibit No. 1. 13 A Okay. 14 Q What is that? 15 A That is my resume. 16 Q Okay. Is it true and accurate? 17 A Yes, it is. 18 Q Have there been any changes to it since that was 19 prepared? 20 A No. 21 Q What, if any, involvement do you have or didyou 22 have with this case, other than appearing here at a 23 deposition today? 24 A Mr. Klimas prepared the case, and then I was the 25 first-level review of that case. Sunbelt Reporting 

### &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Wor-th, East Texas, Houston, SanAntonioPage 8 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1 Q Okay. And this case involves an alleged or 2 alleged deficiencies in some notices to pilot in command; 3 is that correct? 4 A That is correct. 5 Q Okay. And it has also alleged a violation of 6 Section 175.33 of the Hazardous Materials Regulation or 7 HMRs; is that correct? 8 A That is correct. 9 Q Okay. And it's 175.33 that prescribes the 10 requirements for a NOPC? 11 A That's correct. 12 Q Okay. As I read section 175.33, it says that 13 the operator of the aircraft must provide the pilot in 14 command with accurate and legible written information 15 concerning shipping name, hazard class, and 16 identification number of the materials so that the pilot 17 knows what he or she has onboard the airline; is that 18 correct? 19 A That is correct. 20 Q And that's the regulatorypurpose of this HMR? 21 A Of that specific regulation, yes. 22 Q There has been a position taken by the FA in 23 this case that the NOPC is also required for emergency 24 response procedures. 25 A Correct. Sunbelt Reporting 

### &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, SanAntonioPage 9 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1 Q Is that your understanding? 2 A Yes. 3 Q Is there anything in the HMRs or in any 4 regulation that you know of which states that the NOPC is 5 tobe used or intended tobe used for emergency response 6 procedures? 7 A In 175.33 it talks about the information is 8 supposed to be accessible for emergencyresponders. That 9 is why in this case the dispatchers were required to 10 write it down after being communicatedby the pilots. 11 Q Okay. There's nothing in 175.33 that actually 12 says that the NOPC is to be used for emergency response 13 procedures; is that correct? 14 A Not with those exact words, that's correct. 15 Q Is there anything in any FAA publicly available 16 opinions or handbooks or orders that specifically states 17 that the NOPC is to be used for emergencyresponse 18 procedures? 19 A To my knowledge, no. 20 

### Q Did you have any involvement in the 21 determination of or the selection of the sanction in this 22 matter? 23 

### A I reviewed Mr. Klimas' recommendation, that's 24 correct. 25 Q Do you recall what his recommendation was? Sunbelt Reporting 

### &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, SanAntonio

### Page 10 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1 

### MR. ARCHIER: Objection. 2 

### MR. DWORKIN: Are you instructing him not 3 to answer? 4 

### MR. ARCHIER: Yes, I am. This is

-- can 5 you read the questionback? 6 

### THE REPORTER: QUESTION: "Do you recall 7 what his recommendation was? " 8 

### MR. ARCHIER: You can answer that question. 9 

### Do you understand that question? 10 THE WITNESS: Yes, I do. 11 

### MR. ARCHIER: Okay. 12 A 

### And the answer wouldbe yes. 13 MR. ARCHIER: Any further questions along 14 that line, I'm going to object on the basis of the 15 protective order. 16 Q 

### (ByMr. Dworkin) Okay. To your knowledge

-- 17 are you familiar with FA handbook or FA Order 2530

-- 18 2150.3B? 19 A 

### Yes, sir. 20 Q 

### Okay. That is the Compliance and Enforcement 21 Handbook; is that correct? 22 A Yes, sir. 23 Q And in the Compliance and Enforcement Handbook 24 there are there is a sanction guidance table; is that 25 correct? Sunbelt Reporting &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, SanAntonioPage 11 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1 A Yes, sir. 2 Q As a matter of fact, there is a specific 3 sanction guidance table for HAZMAT cases? 4 A That is correct. 5 Q For the 12 deficient NOPCs

-- and let 6 me withdraw that. 7 In connection with this case, Martinaire has 8 not denied the FA's allegation that the NOPCs were 9 deficient in any way, have they? 10 A They have not. 11 Q As a matter of fact, it would be safe to say 12 that in response to the FA audit, Martinaire stepped up 13 to the plate and undertook rather substantial and very 14 shift corrective actions? 15 

### A That's correct. 16 Q Was there

-- in response to the FA's concerns, 17 Martinaire revised its trainingprogram, didn't it? 18 A That's correct. 19 Q It also revised the NOPC form to make it more 20 user friendly; did it not? 21 A Yes. That's correct. 22 Q And to your knowledge, there's been no 23 subsequent episodes of noncompliance with the NOPC 24 requirement; is that correct? 25 A That's correct. Sunbelt Reporting 

### &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, SanAntonio

### Page 12 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1 Q 

### In terms of Martinaire's corrective actions or 2 response to the FA's concerns, is there anything else 3 that the FA wouldhave liked to have seenMartinaire do 4 that it didn't do to fix the problem? 5 Other than never carryHAZMAT. 6 

### A Based on the letter from Mr. Rusinowitz and the 7 documentation that he provided, if he was in compliance 8 with that today, we wouldbe happy. 9 Q 

### Now, for the 12 to NOPCs that the FA has 10 alleged, the FA has sought a civil penalty of $206,550; 11 is that correct? 12 A That is correct. 13 Q 

### Okay. As I read the sanction guidance table in 14 Order 2150.3B for HAZMAT cases, the

-- if you take the 15 $206,550 and divide it by 12, you get something far in 16 excess of what is in the grid in the matrix. Is that a 17 true statement? 18 A 

### That is a true statement. 19 

### Q Why did the FAA exceedwhat is contained in the 20 grid in the hazardous materials sanction guidelines

-- 21 MR. ARCHIER: Objection 22 Q (By Mr. Dworkin)

-- in this case? 23 MR. ARCHIER: Objection. That question 24 falls within the deliberative process privilege, which is 25 protectedby the protective order. Sunbelt Reporting &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, SanAntonioPage 13 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1 I am instructing the witness not to answer 2 that question. 3 Q (By Mr. Dworkin) How long have you been in your 4 position with FAA Southwest Region? 5 

### A A little over ten years. 6 Q In that period of time how many civil penalties 7 for HAZMAT violations has Southwest Region taken and 8 completed, either by settlement or litigation where they 9 have sought and collected civil penalties in excess of 10 $200,000 in HAZMAT cases? 11 

### A I would say probably 15 to 20. 12 

### Q In ten years? 13 

### A Yes, sir. 14 

### Q And what did those cases involve? 15 

### A Different types of violations. 16 

### Q Okay. How about NOPC cases? Have there been in 17 the ten years since you've been manager for hazardous 18 materials at Southwest Region, have there been any NOPC 19 cases in which the FA

-- other than this case -- in which 20 the FA has sought civil penalties exceeding $200,000? 21 A I would have to say zero specific to NOPC cases. 22 MR. ARCHIER: Mr. Dworkin, I would like to 23 ask you a question to clarify for the record: Are you 24 asking in the Southwest Region or are you asking 25 nationwide? Sunbelt Reporting 

### &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, SanAntonioPage 14 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1 MR. DWORKIN: Southwest Region. 2 MR. ARCHIER: Okay. 3 Q (By Mr. Dworkin) That's my next question. To 4 your knowledge

-- and I would assume as a regional 5 manager, you probably touchbase with your counterparts 6 in other regions? 7 A Yes, sir. 8 Q To your knowledge, has the FAA ever in a NOPC 9 case, other than this case, sought civil penalties in 10 excess of $200,000? 11 A To my knowledge, no. 12 Q Has Southwest Region

-- other than the 13 Martinaire cases, has Southwest Region taken any civil 14 penalty action against any other carriers or operators 15 concerning violation of the NOPC requirements in HMR 16 175.33? 17 A Yes. 18 Q And how many have

-- how manyNOPC cases have 19 there been in the previous ten years by Southwest Region? 20 A Yeah, to the best of my knowledge I'd say 21 probably 30, possiblymore. 22 Q And what was the average civil penalty that was 23 sought by the FAA in those NOPC cases? 24 A I would say and again, this is an estimation 25 on my part, but I would say $30,000 to $50,000. Sunbelt Reporting 

### &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/FortWorth, East Texas, Houston, SanAntonioPage 15 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1 Q How about NOPC cases FAA systemwide; do you 2 know? 3 A I wouldn't know that. 4 (A brief interruption occurred.) 5 Q (By Mr. Dworkin) In connection with the

-- your 6 review of the EIR

-- you've reviewed the EIR; is that 7 correct? 8 A That's correct. 9 Q And included in the EIR was a letter from 10 Martinaire to Inspector Klimas; is that correct? 11 A That's correct. 12 Q Okay. And there were several inches or about 13 one and three-quarters, two inches of attachments to that 14 letter; is that correct? 15 A That is correct. 16 Q You did review those? 17 A Yes, I did. 18 Q Okay. Andyou were satisfiedwithMartinaire's 19 response? 20 A Yes. 21 MR. DWORKIN: Okay. I have no further 22 questions. 23 MR. ARCHIER: Thank you. I have no further 24 questions. 25 Sunbelt Reporting 

### &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, SanAntonio1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 16 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN CHANGES AND SIGNATURE PAGE/LINE CHANGE REASON 

# OAG£

# t.l;,t

# Ll
I

I, BRYAN EDWARD BUCHANAN, have read the foregoing deposition and hereby affixmy signature that same is true and correct, except as notedherein.

BRYAN EDWARD BUCHANAN JOB NUMBER 108773 Sunbelt Reporting 

### &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/FortWorth, East Texas, Houston, SanAntonioCERTIFICATEOFACKNOWLEDGMENT

STATEOFTEXAS COUNTYOFTARRANT

Onthis,the 30th dayof May ,2013,beforeme, TeresaEmmons , a NotaryPublicinandfortheCountyofTarrant,StateofTexasdulycommissionedand qualified,personallyappeared BryanBuchanan ,knowntometobetheperson describedin,orproducedappropriateidentificationasproofofidentity,andwhosenames aresubscribedtotheattachedinstrument,andacknowledgedtomethatheexecutedthe instrumentforthepurposesandconsiderationsthereinstated.

INWITNESSWHEREOF,Ihavehereuntosetmyhandandaffixedmyofficialseal,at myofficeinthedayandyearinthiscertificatefrrstwrittenabove.

TERESAEMMONS MyCommluloltElqlltn October19.2016· NotaryPublic(Signature)1 2 3 4 

### ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C. In the Matter of: § § 

### FAA Case No. § 

### 2011SW700189 Page 17

5 § 

### FDMS No. FAA-2013-0040 § 6 § 

### Judge: Honorable MARTINAIRE AVIATION, LLC § 

### Richard C. Goodwin 7 8 9 

### REPORTER'S CERTIFICATION 10 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 11 May 17, 2013 12 I, Jana K. Richter, Certified ShorthandReporter 13 in and for the State of Texas, hereby certify to the 14 following: 15 That the witness, BRYAN EDWARD BUCHANAN, was 16 duly swornby the officer and that the transcript of the 17 oral deposition is a true record of the testimony given 18 by the witness; 19 I further certify that pursuant to FRCP Rule 20 30(f)(1) that the signature of the deponent: 21 _X

___ was requested by the deponent or a party 22 before the completion of the deposition and returned 23 within 30 days from date of receipt of the transcript. 24 If returned, the attached Changes and Signature Page 25 contains any changes and the reasons therefor: Sunbelt Reporting &

### Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/FortWorth, East Texas, Houston, SanAntonio

### Page 18 ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 1

____ was not requested by the deponent or a 2 partybefore the completion of the deposition. 3 

### 4 I further certify that I am neither attorneynor 5 counsel for, related to, nor employedby any of the 6 parties to the action in which this proceeding was taken. 7 Further, I 

### am not a relative or employee of any attorney 8 or record in this cause, nor am I financially or 9 otherwise interested the outcome of the action. 10 Subscribed and sworn to on this the 23rd day of 11 

### May, 2013. 12 13 14 

### 15 16 Jana K. Richter, Texas CSR No. 3693 Expiration Date: 12/31/13 17 18 19 20 21 22 23 24 

### FirmRegistration No. 301 Sunbelt Reporting 

### &Litigation Services 1-800-666-0762

25 JOB NUMBER 108773 Sunbelt Reporting &Litigation Services Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, SanAntoniolleccrnber2002**~Present**

August2002-llecernber2002

Decen1ber2001-llugust2002

August1998-December2001

March1997-August1998

June1990-March1997

May1990

July**1981~July**1984 Manager,HazardousMaterials**St~ction,**ASW-740 FAASouthwestRegion,FortWorth,TX

DeputyFcdur<:dSecurityDirector TSAOkaloosaCountyRegionalAirport(VPS)

CrisisManagernentCoordinator FilASouthwestRegion,fortWorth,TX

RiskProgramManager(Facility,COMSEC&lnfosec) FAASouthwestRegion,FortWorth,TX

DangerousGoodsICargoSecuritySpecialist FAASouthwestRegion,Euless,TX(DfW)

MotorCarrierSafetySpecialist FederalHighwayAdministration OfficeofMotorCarriers,Dallas,Texas

BachelorofArtsinPoliticalScience UniversityofNorthTexas,Denton,TX

UnitedStatesMarineCorps(HonorableDischarge) 

### it.MarineInfantryRegiment FieldRadioOperator



# aY**':«~···~·~·~···~·~··~,~·~·~···~·~·~:···~···:··~·**...**·~··:···~·** SunbdtRep<uting&Lltig,.uonS,"''00'