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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 on May 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, reported by machine 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, San Antonio 
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. Becky Holmes 

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 

* * * * * 

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Sunbelt Reporting & Litigation Services 

Page 2 

Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, San Antonio 
Page 3 

ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 

1 INDEX 

2 Page 

3 Appearances ..................................... . 2 

4 Examination by Mr. 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 

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20 

21 

22 

23 

24 

25 

Sunbelt Reporting & Litigation Services 

Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, San Antonio 
Page 4 

ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 

1 BRYAN EDWARD BUCHANAN, 

2 having been first duly sworn, testified as follows: 

3 EXAMINATION 

4 (Buchanan Exhibit 1 was marked.) 

5 QUESTIONS BY MR. MICHAEL L. DWORKIN: 

6 Q Good morning. 

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 section manager. I have a supervisor as 

17 well. 

18 Q Okay. And what are your principal 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, San Antonio 
Page 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 connection with 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'm not 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 said here 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, San Antonio 
Page 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 would behoove 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. Allow me to 

9 finish the question before you answer it. And if you 

10 don't understand my 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. A nod 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 appear very, very similar, so it's important that "yes" 

Sunbelt Reporting & Litigation Services 

Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, San Antonio 
Page 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 Buchanan Exhibit 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 did you 

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, San Antonio 
Page 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 regulatory purpose 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, San Antonio 
Page 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 to be used or intended to be used for emergency response 

6 procedures? 

7 A In 175.33 it talks about the information is 

8 supposed to be accessible for emergency responders. That 

9 is why in this case the dispatchers were required to 

10 write it down after being communicated by 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 emergency response 

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? 

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Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, San Antonio 
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 question back? 

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 would be 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 (By Mr. 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, San Antonio 
Page 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 training program, 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, San Antonio 
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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 would have liked to have seen Martinaire do 

4 that it didn't do to fix the problem? 

5 Other than never carry HAZMAT. 

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 would be 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 exceed what 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 protected by the protective order. 

Sunbelt Reporting & Litigation Services 

Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, San Antonio 
Page 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, San Antonio 
Page 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 touch base 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 many NOPC 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, possibly more. 

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/Fort Worth, East Texas, Houston, San Antonio 
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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. And you were satisfied with Martinaire'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, San Antonio 
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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 affix my signature that same is 

true and correct, except as noted herein. 

BRYAN EDWARD BUCHANAN 

JOB NUMBER 108773 

Sunbelt Reporting & Litigation Services 

Austin, Bryan/Colleg Station, Corpus Christi, Dallas/Fort Worth, East Texas, Houston, San Antonio 
CERTIFICATE OF ACKNOWLEDGMENT 

STATE OF TEXAS 

COUNTY OF TARRANT 

On this, the 30th day of May , 2013, before me, Teresa Emmons , a 

Notary Public in and for the County of Tarrant, State of Texas duly commissioned and 

qualified, personally appeared Bryan Buchanan , known to me to be the person 

described in, or produced appropriate identification as proof of identity, and whose names 

are subscribed to the attached instrument, and acknowledged to me that he executed the 

instrument for the purposes and considerations therein stated. 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at 

my office in the day and year in this certificate frrst written above. 

TERESA EMMONS 

My Commlulolt Elqlltn 

October 19. 2016 · 

Notary Public (Signature) 
1 

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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 Shorthand Reporter 

13 in and for the State of Texas, hereby certify to the 

14 following: 

15 That the witness, BRYAN EDWARD BUCHANAN, was 

16 duly sworn by 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/Fort Worth, East Texas, Houston, San Antonio 
Page 18 

ORAL DEPOSITION OF BRYAN EDWARD BUCHANAN 

1 ____ was not requested by the deponent or a 

2 party before the completion of the deposition. 

3 

4 I further certify that I am neither attorney nor 

5 counsel for, related to, nor employed by 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 

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15 

16 Jana K. Richter, Texas CSR No. 3693 

Expiration Date: 12/31/13 

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Firm Registration 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, San Antonio 

lleccrnber 2002 ~Present 

August 2002- llecernber 2002 

Decen1ber 2001 -llugust 2002 

August 1998- December 2001 

March 1997- August 1998 

June 1990-March 1997 

May 1990 

July 1981~July 1984 

Manager, Hazardous Materials St~ction, ASW-740 

FAA Southwest Region, Fort Worth, TX 

Deputy Fcdur<:d Security Director 

TSA Okaloosa County Regional Airport (VPS) 

Crisis Managernent Coordinator 

FilA Southwest Region, fort Worth, TX 

Risk Program Manager (Facility, COM SEC & lnfosec) 

FAA Southwest Region, Fort Worth, TX 

Dangerous Goods I Cargo Security Specialist 

FAA Southwest Region, Euless, TX (DfW) 

Motor Carrier Safety Specialist 

Federal Highway Administration 

Office of Motor Carriers, Dallas, Texas 

Bachelor of Arts in Political Science 

University of North Texas, Denton, TX 

United States Marine Corps (Honorable Discharge) 

it. Marine Infantry Regiment 

Field Radio Operator 

aY 

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