SK'i=IKlNQ '.,v.'>g^'fflS;, 

June3,2011 . , , ^ 

RE: Hearing Request Case No. 2010SO700422 

Federal Aviation Administration <.^ECeiUED 

800 Independence Avenue, 5W -iUN ' r.i 20?] 

Washington, DC 20591 f BEARING D< JCk^PT 

Attention: Hearing Docket Clerk »'Vi L. Vl^fVt" 

AGC-430 

Wilbur Wright Building 

Room 2W1000 

Dear Attention; Hearing Docket Clerk, i^(>ii' 9ff ^ c^O//^ 0(P / O 

This letter is to request a Formal Hearing concerning Case No. 2010SO700422, and to provide a Written 

Answer to each of the allegations contained in the Final Notice of Proposed Civil Penalty. Sky King will 

address Qac\\ of the follov»/ing allegations according to 14 CFR, Section 13.35: 

1. 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 was trained and qualified to ship Hazardous Materials. 

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Sky KiHg, Inc., . 3600 Power Inn Road, Suire H • Sacramento, CA 95«26 . (916) 454-2400 • Fax (916) 737-8960 
In a letter dated May 5, 2011, Sky King provided the FAA with additional information concerning actions 

taken to prevent further violations of 49 CFR Parts 171-173. These actions cost Sky King approximately 

$9,000 for specialized training and training material. 

It is our opinion that Sky King provided the required training for its shipping personnel and that the 

shipping person made a mistake; therefore, Sky King did not knowingly ship Hazardous Material. 

Notwithstanding, Sky King took significant corrective action to ensure we did not repeat this mistake. 

Finally, since this was the first mistake made in over 10 years of either Part 125 or Part 121 operations 

that T:he Civil Penalty is not appropriate. It seems to us that the matter could have been handled 

administratively (since it was not on purpose) instead of the $22,500 Civil Penalty. 

Respectfully submitted. 

Stephen A. Badger 

Sky King, Inc., Representative 

(915) 454-2400 or email sbadger@fly-skyking.com 

CERTIFICATE OF SERVICE 

1 hereby certify that the foregoing Request for Hearing has been mailed on June 8, 2011, by Certified 

Mail or Regular Mail to: 

Hearing Docket Clerk 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk 

A6C-430 

Wilbur Wright Building 

Room 2WX000 

Gerald A. Ellis, Attorney 

Federal Aviation Administration 

Southern Region 

Office of the Regional Counsel 

P.O. Box 20636 

Atlanta, Georgia 30320 

:>^&y^^ /^^/S^y^ 

Stephen A. Badger ( j 

Sky King Director of Safety and Security 

Sky FCing, Inc.. • 3600 Power Inn Road, Suite H • Sacramento, CA 95826 • (9l6) 454-2400 • Fax (916) 737-8960