01/23/2013 18:35 FAX 2024935142 FAA + OMS 141001/008 

St~irc .l J() 

• 

(415) 421·2500 

F:n: (41"i) 421-2'i(,O 

www.~1vialcx.com 

VIA FED£)( AND FAX: 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building, Suite 2WIOOO 

Washington, D.C. 20591 

Attention: 1 fearing Docket Clerk, AGC~430 

(fAX: 1-202-493-5142) 

James Archier, Esq. 

Office of the Regional Counsel, ASW-7 

Federal Aviation Administration 

Southwest Region 

2601 Meacham Boulevard 

forl Worlh. TX 76137 

(FAX: l-817-222-5945/5092) 

Re: MARTINAIRE AVIATION, LLC 

FAA Case No. 2011SW700189 

Dear Ladies and Gentlemen: 

JAN 1 0 2~~3 

HEARING DOCKET 

January 9, 2013 

Pursuant to the provisions of 14 C'.F .R. Section 13 .l6, this letter cons(itutcs 

Maninaire Aviation, LLC's request for a hearing in rhe above-referenced matler. A 

copy of the FAA's Final Notice of Proposed Civil Penalty is attached hereto. 

We request that the hearing be scheduled for Dallas, Texas after the filing of 

the requisite pleadings and completion of anticipated discovery. 

Respectfully submitted, 

/ 

cc: Martinaire Aviation, LLC .. ' 
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U.S. Department 

of Transportation 

FederOI Aviation 

Administration 

Southwest Region 

Arkansas •. Louisiana. 

New Me)(ico. Oklahorna 

Texas · 

Office of Regional Couri5el, ASW-7 

2601 Meacham 61vd. 

Fort Worth, TX 76137 

.(~17) 222-5099 ' 

RECEIVED 

I (81'7) 222t591i'5Q92 FAX . 

1 . __B-eceived · -· -., 

I January 7, 2013 -·· 

Via Federal Express 

JAN 1 0 2013 , 

I 

Mr. Michael L. Dworkin 

L HEARING DOCKET.:" 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 

Compound 1 Toxic, Liquid, N. 0. S. ( Diphenylphosphoryl :Azide) 1 

6 .1 UN32 78, PGII 11 (tracking number 1Z944434 027459355:0) . 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 11 3" 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 A DOCUMENT VIA PERSONAL 

DELIVERY OR EXPEDITED COURIER (for hand-carried personal 

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) 

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141008/008