01/23/2013 18:35 FAX 2024935142 FAA + OMS 141001/008**St~irc**.lJ()

•
(415)421·2500 F:n: (41"i)421-2'i(,O**www.~1vialcx.com** VIA FED£)( ANDFAX: HearingDocket FederalAviationAdministration 600IndependenceAvenue,S.W. WilburWrightBuilding,Suite2WIOOO Washington,D.C. 20591 Attention: 1fearingDocketClerk,**AGC~430** (fAX: 1-202-493-5142) JamesArchier,Esq. OfficeoftheRegionalCounsel,ASW-7 FederalAviationAdministration SouthwestRegion 2601 MeachamBoulevard forlWorlh.TX76137 (FAX: l-817-222-5945/5092)

Re: MARTINAIREAVIATION,LLC FAACaseNo.2011SW700189

DearLadiesandGentlemen: 

### JAN 10**2~~3** 

## HEARINGDOCKET January9,2013

Pursuanttotheprovisionsof14C'.F.R.Section 13.l6,thislettercons(itutcs ManinaireAviation,LLC'srequestforahearinginrheabove-referencedmatler.A copyoftheFAA'sFinalNoticeofProposedCivilPenaltyisattachedhereto.
Werequestthatthehearingbe scheduledforDallas,Texasafterthefilingof therequisitepleadingsandcompletionofanticipateddiscovery. Respectfullysubmitted,



### / cc: MartinaireAviation,LLC 

## .. '01/23/2013 16:35 FAX 2024935142 FAA + OMS**~**002/008

U.S. Department ofTransportation FederOI Aviation Administration SouthwestRegion Arkansas•.Louisiana. NewMe)(ico.Oklahorna Texas · OfficeofRegionalCouri5el,ASW-7 2601 Meacham61vd. FortWorth,TX 76137**.(~17)**222-5099 ' 

# RECEIVED I(81'7)222t591i'5Q92FAX

. 

### 1

.

# __B-eceived·-·-., I January 7, 2013 

# -·· Via Federal Express 

### JAN 1

### 02013 , I
Mr. Michael 

### L. Dworkin 

## L HEARINGDOCKET.:"**1\fs(·ha"'~~ki**

..

, &A a Attorney Michael L. Dworkin and Associates 465 California Street, Suite 210 San Francisco,· California 94104 --**S.~Odtlle,,**

Re: Marti.nai.re Aviation LLC, FAA Case No. 2011SW700189
Dear Mr. Dworkin: 

### FINAL NOTICE OF PROPOSED CIVIL PENALTY
On May 30 1 2012, the Federal Aviation Administration advised Martinaire Aviation LLC (''Martinaire") through a Notice of Proposed Civil Penalty that it proposed to assess a civil penalty against Martinaire for $206,550.00 for violations of the hazardous material regulations. The parties held an informal conference on November 15, 2012 and December 19, 2012. To date the parties have not resolved this matter: l. On July B, 2011, the Federal Aviation Administration conducted a comprehensive hazardous material inspection at Martinaire Aviation LLC ("Martinaire") headquarters, 4553 Glenn Curtis Drive, Addison, Texas.
2. The assessment revealed that Martinaire routinely failed to properly complete and comply with the r.equirements for the Notification to Pilot-In-Command for hazardous materials transported via cargo-carrying flights.
3. On June 22, 20ll, the Notification to Pilot-In-Command
( 11NOPIC") for Martinaire flight number 637 (Woodward, Oklahoma (WWR)-Oklahoma City, Oklahoma (OKC)) failed to include the proper shipping name and hazard class as required for a hazardous materials shipment classified as "Compressed

# -,

I I

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Gas, N.O.S., 2.2,. UN1956" (tracking number**1Z72642590i00064i05)~** + OMS

4. on June 22, 2011, the NOPIC alsq failed to provide the proper shipping nam.e ·for two shipments properly classified as Dry Ice; 9, UNl845, .PG III on tracking numbers 1ZW27E87WT86012673 and· 1ZW9888XTJT44430534. .The proper shipping names provid.e<i by Martinaire were "Boehringer" and "J'CAH", respectively. 5. on June 6, 2011, the NOPIC for Martinaire flight number 600 (Lansing, Michigan to Traverse, City Michigan) failed to properly provide.the correct basic hazardous materials shipping description for a shipment classified as Paint, 3, UN1263, l?GII (tracking number**1Z424651044~376106).** The packing group was not provided as required. The Martinaire NOPIC described the item as 1'Paint, 3, UN1245.
6. UN1245 is the identification number for another hazardous material, methyl isobutyl ketone. Methyl isobutyl ketone is a packing group II flammable liquid.
7. on June 6, 2011, the NOPIC for Martinaire flight number 682 (Wilmington, North Carolina (ILM) to Raleigh-Durham International Airport (RDU), Raleigh, North Carolina) failed to include the correct identification number as required for a hazardous materials shipment properly classified as "Denatured Alcohol, 3, NAl997, PG II" (tracking number 1Z2l02770145719267). The NOPIC described the item as "Denatured Alcohol, 3, UN1087''. The packing group was not provided.



### e. UN 1087 is the identification number for a hazard class 2.1 item, "Vinyl methyl ether, stabilized". 9. On May 26, 2011, the NOPIC for Martinaire flight number 606 (Houston, Texas (IAH) to San Antonio, Texas (SAT)), failed to include the correct proper shipping name and packing group as required for two hazardous material shipments properly classified as ''J?etroleum Distillates, N.o_s_, hazard class 3, UN1266, PG III," (airway bill number 8771203122 and 9771205111)

. 10. For the NOPIC dated, May 26, 20ll, "Distillates'' was the proper shipping name provided for on the NOPIC. Air waybill number 6771203122 failed to include the correct identification number (listed on the NOPIC as ''128"). ''126"
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is not a recognized identification number. Additionally, neither the flight number nor the date was listed o:h the NOPIC.

. . '

. . ' 11. On May 24, 2011, the NOPIC for Martinaire flight number 666 (Abilene, Texas (ABI) 1 to DFW)· failed to includ$ the complete proper shipping name, ·hazard class and cortect identification number a.'s required for a hazardous m.terial shipment properly classified as Heliumi compressed, '·hazard class 2.2 1 UN1046' (tracking number**120491690144169.9~)** . 12. For the NOPIC dated May 24, 2011, Martinaire was unable to provide the associated hazardous materials**shipp~ng** paper due to a typographical error on the NOPIC involving 1

•the tracking number. The identification number listed on the NOPIC, "UN1064" 1 is for a product that is forbidden for transportation on cargo aircraft., Methyl Mercatan, 

### 2.3 {2.1) N1064.
13. On May 19 1 2011 1 the NOP!C for Martinaire flight number 60l {Lansing, Michigan (LAN), to Houghton County,**M~chigan** (CMX)) failed to include the complete proper shipping name, hazard class and packing group as required for a haz,ardous materials shipment properly classified as "Organophdsphorus Compound1 Toxic, Liquid, N.0.S. (Diphenylphosphoryl :Azide) 1 6.1 UN3278, PGII 11 (tracking number 1Z944434027459355:0)

. The NOPIC identified the hazard class as "5.1".
14. on May 14 1 2011, the NOPIC for Martinaire flight number 700 (RDU, to New Bern, North Carolina (EWN)), failed to include the complete proper shipping name.and correct identification number as required for a hazardous**ma~erials** shipment properly classified as "Printing Ink, hazard class 3, UN1210, (tracking number (1Z337E30446005).
15. For the NOPIC dated May 14 I 2011., Martinaire was unable to provide the associated hazardous materials**shippi~g** paper due to a typographical error on the NOPIC involving the tracking number. The identification number listed, f'UNl457" on the NOPIC is for a product classified as, ''Calciu!h pero:x:ide 1 5.1, UN1457". 16. On May 13, 2011, the NOPIC for Martinaire flight'number 6SS (Columbia, South Carolina (CAE} to Hilton Head I$land, South Carolina (HXD)), failed to include the complete proper shipping name and packing group as required for a hazardous materials shipment properly classified as ''Corrosive:liquid,

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acidic, inorganic, N.O.S., hazard class 8, UN3264, (tracking number lZR91WS0.23572881)

. 17. For the NOPIC dated May 13, 2011, Martinaire was unable to provide the.associated hazardous material shipping paper because of the typographical error on the NOPIC involving the tracking number. The proper shipping name was depicted on the NOPIC as "NOS"

.· 18. On April 14, 2011, the NOPIC for Martinaire flight**6~7** (WWR to OKC), ·failed to include the complete proper shipping name and packing group as required for a hazardous materials shipment properly classified as "Chemical Kit, hazard class 9, UN3316" (tracking number 1Z5R9lWS0123229672). The proper shipping name was listed as "BECKMAN COULTER". 19. For the NOPIC dated April 14, 2011, Martinaire failed to include the complete proper shipping name and packing group as required for a shipment properly classified as "Sodium hydroxide Solution, hazard class 8, UN1824", (tracking number 1Z5R91W80123218942). The proper**ship~ing** name was listed as "BECKMAN COULTE:R". Martinaire was unable to provide the associated hazardous materials shipping papers due to a typographical error on the NOPICS involving the tracking number. 20. On April 12, 2011, the NOPIC for Martinaire flight number 637 (WWR to OKC) , failed to include the proper shipping name and packing group for shipments of items classified as Lithium Metal Batteries Packed with Equipment, hazard class 9, UN3091, PG II and Lithium Metal Batteries, hazard class 9, UN3090, PG II (tracking numbers lZ88474901502350l5 & 1Z8B47490150247628, respectively) as required. 2l. On April 12, 20l1, the NOPIC for Martinaire flight number 685 (Eugene, Oregon (EUG) to Portland, Oregon (PDX)), failed to include the complete proper shipping name, hazard class, identification number and packing group as required for a hazardous materials shipment properly classified as "Caproic Acid, hazard class, UN2829, PG III" (tracking number 1Z074E300205633517). The NOPIC described the shipment as "Coret acid, hazard class 3, UN2800." 22. For the :NOPIC dated April 12, 2012, Hazard Class 113" is designated for flammable liquids and UN2800 is the identification number for "Battery, wet, non-spillable".

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23. On April l, 2011, the NOPIC for Martinaire flight number 666 (ABI-DFW) , failed to include the complete proper shipping name and packing group as required for a hazardous materials shipment properly classified as "Sodium hydroxide Solution, hazard class 8, UN1S24", (tracking number 1Z7511890ll649924).

. . . . The**prop~r** shipping name was listed on the NOPIC as "Corr". 24. For the NOPIC dated April 1, 2011, Martinaire was unable to pr.ovide the. associated hazardous materials shipping paper due to 

## a .typographical error on the NOPIC involving the tracking number. 25. By reason of the above, Martinaire violated the following Department of Transportation Hazardous Materials Regulations (Title 49 of the Code of Federal Regulations) :

a. Section l75.33(a) (1) (49 C.F.R. § 175.33(a) (1) in that it accepted hazardous material aboard an aircraft for transportation by air and failed to provide the pilot-incommand the proper shipping name, hazard class anp identification number of the hazardous material aboard the aircraft. b. Section 175.33(a) (1) (i) (49 C.F.R. § 175.33(a) (1) (i) in that it accepted hazardous material aboard an aircraft for transportation by air and failed to provide the pilot-in-command the proper shipping name, hazard class, identification number and any additional description requirements provided in §§ 172.202 1 and 172.203 of the hazardous material aboard the aircraft.

c. Section 175.33(a) (7)**(4~** C.F.R. § 175.33(a) (7) in that it accepted hazardous material aboard an aircraft for transportation by air and failed to provide the pilot·incommand the date of the flight.**Und~r** Section 5123(a) of Chapter 51, Title 49 of the United States Code of Transportation, 49 

### u.s.c. § 5123, Martinaire is liable for a civil penalty of not less than $250 ($450 for training violations), nor greater than 

### $ss,ooo ($110,000 if death, serious illness, severe injury, or substantial property results), for each violation of the regulations cited. We propose to assess a civil penalty for all violations in the amount of $206,550.00. Unless you mail or personally deliver, in writing, your request for a hearing in this matter, within 15 days after you receive this final notice, we will issue an Order Assessing Civil Penalty and
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you will have no further right to a hearing. If you do not submit a written request for a hearing, you must pay the proposed civil penalty.
Your request for a hearing must be sent to the Hearing Docket at the following: STREET 

### ADDRESS, IF YOU 

### ARE FILING 

### ADOCUMENT VIA PERSONAL DELIVERY OR EXPEDITED COURIER 

### (for hand-carriedpersonal delivery or commercial expedited deliveries 1 such as UPS or FedEx. Express):Hearing Docket Federal Aviation Administration 600 Independence Avenue, 

## sw Wilbur Wright Building-Suite 2WlOOO Washington, OC 20591 Attention: Hearing Docket Clerk, AGC-430 MAILING ADDRESS, IF YOU ARE FILING A DOCUMENT VIA U.S. MAIL (use when .<;endi11g documents by (J.S. Mail onl:t.): Hearing Docket Federal Aviation Administration 800 Independence Avenue, SW Wilbur wright Building-Suite 2W1000 Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Your request must be dated and signed, in accordance with 14 CFR § 13.l6h of the Federal Aviation Regulations, sent to you with the Notice of Proposed Civil Penalty. A copy of your request must also be sent to the undersigned attorney. You may pay the proposed penalty by submitting a check or money order, payable to the "Federal Aviation Administration," to the Accounts Receivable Branch, AMZ-350, P.O BOX 25770, Oklahoma City, Oklahoma 73125-4915, ATTN: Sonny Rogers. Please be sure to indicate the FAA Case Number on the front of your check.

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Please.direct all 

### correspondence in this matter to:

BRICE, ANDERSON 

### Regional Coun.sel 

### southwest 

### Region James Archier, Agency Attorney Federal 

### Aviation Administration Southwest 

### Region Office of Regional 

### Counsel Fort Worth, TX 76137

# ~_.uq~;·**---~mes** 

### Archier, Attorney /.,.-· (617) 222-5074

. (817) 2:22-5**0~2** (FAX)

7 141008/008