u.s. DEPARTMENT OF TRANSPORTATION REcEIvED 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

AUG 2 1 2014 

HEARING DOCKET 

In the Matter of: 

Martinaire Aviation, LLC 

Respondent 

THE HONORABLE RICHARD C. GOODWIN 

ADMINISTRATIVE LAW JUDGE 

FAA DOCKET No. FAA-2013-0040 

FAA Case No.2011SW700189 

(Civil Penalty Action) 

FDMS No. FAA-2013-0040 

COMPLAINANT'S REPLY TO MARTINAIRE'S POST TRIAL BRIEF 

COMES NOW the Federal Aviation Administration ("FAA"), by 

and through its attorney, and files its Reply to Martinaire's 

post hearing brief. This Reply seeks a civil penalty against 

Martinaire Aviation LLC of $206,550.00. 

I. MOTIONS IN LIMINE 

On page 14 of Martinaire Aviation LLC's Post-Trial Brief, 

Respondent states the following: 

"Several weeks prior to the hearing, Martinaire filed and 

served three Motions in Limine, to which Complainant 

neither responded nor opposed." 

Complainant filed its Response to Martinaire's Motion in Limine 

No.1, No.2, and No. 3 on May 23, 2014. A copy of the 

Complainant's Response is attached to this Reply Brief. (See 

Exhibit A) 
Respectfully submitted this 13ili day of August 2014. 

ERIC E. ANDERSON 

Regional Counsel 

Southwest Region 

' 

A chier, Agency Attorney 

(817) 222-5074 

CERTIFICATE OF SERVICE 

Re: Martinaire Aviation, LLC, FAA Case No. 2011SW700189 

I hereby certify that on this date, I have sent via Federal 

Express an executed original and one copy of the Complainant's 

Reply to Martinaire's Post Trial Brief addressed as follows: 

Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC 430 

600 Independence Avenue, SW 

Washington DC 20591 

Wilbur Wright Building-Suite 2W1000 

Washington, DC 20591 

(original plus one copy) 

(Federal Express) 

I further certify that on this date, I have sent via Federal 

Express a true copy of the Complainant's Reply to Martinaire's 

Post Trial Brief addressed as follows: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

TEL: ( 202) 3 66-5121 Staff Assistant 

FAX: (202) 366-7536 

(Federal Express) 

2 
I further certify that on this date, I have sent via 

Federal Express a true copy of the Complainant's Reply to 

Martinaire's Post Trial Brief addressed as follows: 

Mr. Michael L. Dworkin and Associates 

Law Offices 

465 California Street, Suite 210 

San Francisco, California 94104-1808 

(Federal Express) 

Telephone: (415) 421-2500 

Facsimile: (415) 421-2560 

August 13, 2014 

Agency Attorney 

3 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of: 

Martinaire Aviation, LLC 

Respondent 

THE HONORABLE RICHARD C. GOODWIN 

ADMINISTRATIVE LAW JUDGE 

) 

) 

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) 

) 

) 

) 

) 

FAA DOCKET No. FAA-2013-0040 

FAA Case No.2011SW700189 

(Civil Penalty Action) 

FDMS No. FAA-2013-0040 

COMPLAINANT'S RESPONSE TO MARTINAIRE'S MOTION IN LIMINE 

N0.1, N0.2 and NO. 3 

NOW COMES the Federal Aviation Administration (hereinafter 

"FAA") pursuant to 14 C.F.R. Section 13.218 (Rule 13.218) and 

the Federal Rules of Civil Procedure and responds to 

Martinaire's Motions in Limine No.1, No. 2, and No. 3. The FAA 

requests the Court to deny these motions. In support of its 

response, the FAA states the following: 

I. INTRODUCTION 

Martinaire Aviation L.L.C. 1 is an American cargo airline based 

on the grounds of Addison Airport in Addison, Texas. It 

operates feeder flights for overnight package delivery services 

for UPS and DHL. Martinaire conducts operations exclusively 

under Part 135 and operates (39) thirty-nine aircraft (24 owned 

and 15 leased) in its fleet. The company transports hazardous 

materials to various locations with its fleet on a regular 

basis. 

On January 15, 2013, the Federal Aviation Administration filed 

its complaint against Martinaire Aviation LLC ("Martinaire") . 

1 Martinaire files taxes as a partnership. The company is owned by three 

United States Corporations. Martinaire Inc., owns 70% of the company; MidAtlantic Freight owns 18% of the company; and Union Flights owns 12% of the 

company. Mid-Atlantic Freight is owned by Atlantic Aero. Atlantic Aero is 

owned by an aviation company. Berkeley Insurance owns the aviation company. 

Alan S. Rusinowitz, Executive Vice President and Chief Operating Officer 

confirmed this information in his deposition, p. 21-29. 

~ GOVERNMENT ~ EXHIBIT • j A 
~) On February 1, 2013, Martinaire through its attorney filed its 

answer pursuant to 14 CFR § 13.209(a). 

The complaint alleged that Martinaire violated 49 CFR § 

175.33(a) (1) of the hazardous material regulations when 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 and identification number 

of the hazardous material aboard the aircraft. 

On July 8, 2013, the Honorable Judge Richard Goodwin 

granted Complainant's Motion for decision on the allegations in 

the complaint but denied a decision on the issue of civil 

penalty. Consequently, the sole issue remaining before this 

court is whether a civil penalty of $206,550.00 is appropriate 

for the facts and circumstances of this case. 

COMPLAINANT'S RESPONSE TO MOTION IN LIMINE NO. 1 

In Respondent's Motioh in Limine No.1, Respondent requests 

that the Court enter an Order providing that: 

1. Complainant be excluded from submitting any evidence as 

to how it determined the appropriateness of and/or 

calculated the subject sanction; and 

2. Complainant's counsel be ordered not to make any mention 

or reference thereto in opening statements, during trial, 

in argument or closing, and to direct persons under their 

control likewise to avoid such mention. 

Such an Order violates case law and is directly contrary to the 

U.S. Department of Transportation Federal Aviation 

Administration National Policy Order 2150.3B ("FAA Order 

2150.3B") "In determining the amount of the penalty, the 

decisionmaker must consider the 'nature, circumstances, extent 

and gravity of the violation,' and with respect to the violator, 

'the degree of culpability, any history of prior violations, the 

ability to pay, and any effect on the ability to continue to do 

business,' and 'other matters that justice requires'" (49 U.S.C. 

§ 5123(c)). 2 In addition, the FAA Order 2150.3B states "in 

determining the sanction to be assessed, penalty criteria set 

forth in 49 U.S.C. § 5123 must be considered." 3 

2 Husky Corporation, FAA Order No. 2010-8 (June 16, 2010) at p.13. 3 U.S. Department of Transportation Federal Aviation Administration National 

Policy Order 2150.38, Appendix C. Sanction Guidance Hazardous Materials 

Enforcement, Para. 2., p.C-1. 

2 
To make this determination, the Court must hear from the 

Federal Aviation Administration's ("FAA") witnesses who have 

investigated Martinaire's conduct in this case. The FAA 

witnesses are familiar with the factors set forth in 49 U.S.C. § 

5123(c) as they relate to Martinaire's violation of the 

hazardous material regulations. 4 Consequently, Plaintiff 

requests that the Court deny Respondent's request for an Order 

as stated above because it is contrary to case law and the FAA's 

Order 2150.38. 

COMPLATNANT'S RESPONSE TO MOTION IN LIMINE NO. 2 

In Respondent's Motion in Limine No.2, Respondent requests 

that the Court enter an Order precluding: 

1. Testimony of persons not previously identified by 

Complainant in pre-hearing discovery; 

2. Messrs. Klimas and Buchanan from testifying in 

Complainant's case in chief with respect to the facts 

and violations alleged in the Complaint as those facts 

and violations have been deemed established under the 

Order Granting in Part and Denying in Part 

Complainant's Motion for Decision; 

3. Messrs. Klimas and Buchanan from testifying in 

Complainant's case in chief with respect to the 

appropriateness or reasonableness of the sanction; 

4. Expert Witness testimony; and 

5. Opinion Testimony. 

Respondent seeks to bar persons not previously identified by 

Complainant in pre-hearing discovery. In its responses to 

Respondent's first set of interrogatories, interrogatory 2.1 

Complainant stated the following: 

4 49 U.S. C.§ 5123 (c)_ Penalty considerations.--In determining the amount of a 

civil penalty under this section, the Secretary shall consider--

(1) the nature, circumstances, extent, and gravity of the violation; 

(2) with respect to the_ violator, the degree of culpability, any history of 

prior violations, the ability to pay, and any effect on the ability to 

continue to do business; and 

) (3) other matters that justice requires. 

3 
Testimony of Persons Not Previously Identified 

Interrogatory 2.1.: State the name, occupation, employer 

address and telephone number of each person Complainant intends 

to call as a witness (including but not limited to percipient 

witnesses, investigators, and experts) at the hearing. 

Response to Interrogatory 2.1.: 

Bryan Buchanan, 

Manager, Hazardous Materials Section 

FAA Southwest Regional Office 

2601 Meacham Blvd., 

Fort Worth, Texas 76137 

(817) 222-5700 

Paul Klimas 

Hazardous Materials Specialist 

FAA Southwest Regional Office 

2601 Meacham Blvd., 

Fort Worth, Texas 76137 

(817) 222-5700 

Complainant also responded to Respondent's interrogatory No. 2.7 

stated as follows: 

Interrogatory 2.7.: If Complainant secures additional witnesses 

not mentioned in response to Request No. 2.1, above, MARTINAIRE 

requests a supplementary witness list and a brief statement 

regarding the subject matter of the testimony of each of the 

witnesses. 

Response to Interrogatory 2.7.: At this time the agency 

anticipates calling the following two witnesses. The agency 

will provide additional witnesses' names if it decides to call 

additional witnesses. 

Bryan Buchanan, 

Manager, Hazardous Materials Section 

FAA Southwest Regional Office 

2601 Meacham Blvd., 

Fort Worth, Texas 76137 

(817) 222-5700 

Paul Klimas 

Hazardous Materials Specialist 

FAA Southwest Regional Office 

4 
2601 Meacham Blvd., 

Fort Worth, Texas 76137 

(817) 222-5700 

Respondent has deposed both Bryan Buchanan and Paul Klimas. The 

FAA intends to call both of these witnesses to testify about the 

civil penalty factors listed in 49 U.S.C. § 5123(c) as it 

pertains to the Martinaire's hazardous material violations. 

These criteria include the nature, circumstances extent and 

gravity of the violation; the degree of culpability of the 

violator; the history of past violations (if any); the ability 

to pay; the effect on the ability to continue to do business; 

and other matters as justice requires. 

Messrs. Klimas and Buchanan 

Respondent seeks a Court Order to preclude "Messrs. Klimas 

and Buchanan from testifying in Complainant's case in chief with 

respect to the facts and violations alleged in the Complaint, as 

those facts and violations have been deemed established under 

the Order Granting in Part and Denying in Part Complainant's 

Motion for Decision." The Complainant objects to this broad 

based Order and requests that the Court deny such an Order. 

As stated above, the Complainant intends to call Messrs. Klimas 

and Buchanan to testify about the penalty criteria set forth in 

49 U.S.C. § 5123, set forth above. The case law and the FAA 

2150.38 Order permit this kind of testimony. 

Appropriateness or Reasonableness of the Sanction 

Complainant requests that the Court deny Respondent's 

request to impose an Order precluding "Messrs. Klimas and 

Buchanan from testifying in Complainant's case in chief with 

respect to the appropriateness or reasonableness of the civil 

penalty. In Respondent's Motion in Limine No. 2, Respondent 

claims "this civil penalty is unprecedented." 5 At page 3 of 

Respondent's Motion in Limine No. 2, Complainant states "the 

only issues remaining are the appropriateness of the sanction 

and Respondent's affirmative defenses." 

Complainant through its witnesses Messrs. Klimas and 

Buchanan will testify about the aggravating factors in this 

case. For example, Martinaire routinely failed to properly 

prepare Notice to Pilot-in-Command ("NOPICS") documentation for 

flights transporting hazardous materials. By failing to provide 

5 Motion in Limine No. 2 at page 2. 

5 
all of the required information on the NOPICS as required, 

Martinaire endangered the lives of its crewmembers and emergency 

responders in the event of an incident involving a Martinaire 

aircraft. This is a systemic issue with Martinaire. In order 

to assess the degree of harm Martinaire's conduct poses to the 

public, the Court should hear and evaluate the testimony of 

Messrs. Klimas and Buchanan. Their testimony will be consistent 

with the type of testimony allowed to prove the amount of civil 

penalty under 49 U.S.C. § 5123(c). 

Secondly, Martinaire's violation history is aggravating. 

This factor is the type of testimony allowed by 49 U.S.C. § 

5123(c). Martinaire's violation history is an aggravating 

factor. In 2012, Martihaire was issued an Order Assessing Civil 

Penalty for $15,000.00 for the illegal shipment of hazardous 

material in FAA Case No. 2011GL700205. In 2009 Martinaire was 

assessed a civil penalty of $20,000.00 for violation of the 

hazardous material regulations involving Notice-to-Pilot in 

Command in case number 2009NM700058. Also, in 2009 a letter of 

warning was issued against Martinaire for violations of Notice 

to Pilot-in-Command forms in case number 2009SW700185. Finally, 

in 2008 Martinaire was issued a warning notice for violations of 

the Notice to Pilot in Command requirements in case number 

2008GL700326. Testimony on past violation history is allowed 

under 49 U.S.C. § 5123(c). 

Thirdly,- under 49 U.S.C. 5123(c) Messrs. Klimas and 

Buchanan can testify about the corrective action implemented by 

Martinaire. Martinaire implemented the following corrective 

action: 

• Reviewed and revised its training program for pilots and 

dispatchers to heighten awareness and emphasize the 

requirement of accuracy in completing NOPIC forms. 

• Dispatchers underwent supplemental training on July 14, and 

15, 2011. 

• On July 26, 2011 Chief Pilot Michael Bates sent another 

broadcast email to all pilots further clarifying how to 

complete the NOPIC. 

• The Dispatch Manager, Chief Pilot and Assistant Chief Pilot 

now perform daily audits of all new NOPICS. Any 

discrepancies are corrected and persons responsible for any 

errors are promptly notified and counseled. 

6 
) 

• Upon receipt of NOPICS from the pilots in command (either 

via FAX or telephone), dispatchers are required to check 

and confirm that the information contains the proper 

shipping name, UNID number and Class. If any errors are 

found, they are to be corrected prior to the aircraft's 

departure 

This corrective action did not exceed the legal minimum 

requirement to warrant a reduction in civil penalty. Pursuant 

to 49 U.S.C. § 5123(c) Messrs. Klimas and Buchanan can testify 

to the systemic and continuing nature of Martinaire's violation 

history. In short, Complainant requests the Court to deny any 

Order precluding Messrs. Klimas and Buchanan from testifying 

about the appropriateness and reasonableness of the sanction. 

Expert Witness Testimony 

Complainant asks the Court to reject any Order precluding 

expert witnesses to testimony. During discovery Respondent 

propounded the following interrogatories. Complainant's 

responded to Respondent's interrogatories as follows: 

Interrogatory 2.3.: For each expert witness Complainant intends 

to call at the hearing, provide a curriculum vitae, including a 

list of all publications authored in the previous 10 years and a 

list of all other cases in which, during the previous 4 years, 

the witness testified as an expert witness at trial or by 

deposition. 

Response to Interrogatory 2.3. At this time the agency does not 

intend to call any expert witnesses. If Complainant decides to 

call an expert witness, it will provide this information to 

Respondent prior to the hearing. 

Interrogatory 2.4.: For each expert witness Complainant intends 

to call at the hearing, provide a statement of all opinions the 

witness will express and the basis and reason for them. 

Response to Interrogatory 2.4.: At this time the agency does 

not intend to call any expert witnesses. 

Interrogatory 2.5.: For each expert witness Complainant intends 

to call at the hearing, provide copies of any documents prepared 

or reviewed by said expert witness. 

7 
) 

Response to Interrogatory 2.5.: At this time the agency does 

not intend to call any expert witnesses. To date, no documents 

have been prepared or reviewed by an expert witness. 

Complainant's witnesses, Messrs. Klimas and Buchanan will 

testify about the penalty criteria outlined under 49 U.S.C. § 

5123(c). Messrs. Klimas and Buchanan are able to testify as 

fact witnesses concerning the nature, circumstances, extent, and 

gravity of the violation; the degree of Respondent's 

culpability; the history of Respondent's past violations; and 

other matters as justice requires. It is important to note that 

at no time during this proceeding has Respondent claimed a 

financial inability to pay the civil penalty. 

Opinion Testimony 

In Respondent's Motion in Limine No. 2, Respondent requests 

that the Administrative Law Judge issue an Order precluding 

Opinion testimony. Complainant, FAA, asks the Administrative 

Law Judge to deny this request. Rule 701. Opinion Testimony by 

Lay Witnesses permits the testimony of witnesses like our 

inspectors to testify on matters to determine a fact in issue. 

The facts in issue arise under 49 U.S.C. § 5123(c). The facts 

in issue include the following: 

• the nature, circumstances, extent, and gravity of the 

violation; 

• with respect to the violator, the degree of culpability; 

• any history of prior violations, 

• the violator's corrective action. 

These facts arise from the civil penalty factors which the 

decisionmaker must consider in determining the amount of civil 

penalty. 

Furthermore, Complainant asks the Administrative Judge to 

deny Respondent's request to bar opinion testimony because Rule 

701 Opinion Testimony, permits opinion testimony by lay 

witnesses. Rule 701 of the Federal Rules of Evidence states: 

Rule 701. Opinion Testimony by Lay Witnesses 

If a witness is not testifying as an expert, testimony in the 

form of an opinion is limited to one that is: 

(a) Rationally based on the witness's perception. 

8 
.. ) (b) Helpful to clearly understanding the witness's 

testimony or to determining a fact in issue; and 

(c) Not based on scientific, technical, or other 

specialized knowledge within the scope of Rule 702. 

Complainant offers Messrs. Klimas and Buchanan for a skilled lay 

observer opinion based on their knowledge of Martinaire's 

transportation of hazardous materials on a regular basis. For a 

skilled lay obierver opinion, the proponent must establish: 

1. That the witness has, on prior occasions sufficient in 

number to support a reasonable inference of knowledge of or 

familiarity with a subject, observed particular events, 

conditions, or other matters. 

2. That the witness on a certain occasion observed a specific 

event, condition, or matter of the same nature as 

previously observed. 

3. That on the basis of his knowledge or familiarity with the 

event, condition or matter, he has an opinion as to the 

event, condition or matter involved in the case. 

4. That the statement of opinion will be helpful to clear 

understanding of the testimony of the witness of the 

determination of a fact in issue. 6 

Messrs. Klimas and Buchanan have on prior occasions inspected 

and investigated hazardous material incidents similar to the one 

in this case. Secondly, on July 8, 2011, Paul Klimas conducted 

a hazardous material inspection at Martinaire Aviation L.L.C., 

headquartered at 4553 Glen Curtis Drive, Addison, Texas. 7 Bryan 

Buchanan reviewed the findings of Paul Klimas' inspection. Mr. 

Buchanan and Mr. Klimas are familiar with hazardous material 

violations at Martinaire Aviation L.L.C. Their statements of 

opinion will be helpful to determine the facts in issue based on 

the civil penalty criteria set forth in 49 U.S.C. § 5123(c). 

Messrs. Klimas and Buchanan opinions are "rationally based on 

the perceptions of the witnesses" and "helpful to the 

determination of a fact in issue." Specifically, Messrs. Klimas 

and Buchanan would be testifying about the following issues: 

6 See Courtroom Evidence, by U.S. Department of Justice (September 1998) at 

page 130, citing Federal Evidence Foundations, IYiurl A. Larkin at page 119-20. 

7 See the Paul Klimas declaration, attached hereto as Exhibit 1. 

9 
) 

• the nature, circumstances, extent, and gravity of the 

violation; 

o with respect to the violator, the degree of culpability; 

• any history of prior violations; 

• the violator's corrective action; and 

• other matters that justice requires. 

Messrs. Klimas and Buchanan can testify about the systemic 

failure of Martinaire's corrective action, Martinaire's civil 

penalty history, Martinaire's culpability, the nature, 

circumstance, extent, and gravity of the violations and other 

matter~ as justice may require. 

COMPLAINANT'S RESPONSE TO MOTION IN LIMINE NO. 3 

In Respondent's Motion in Limine No. 3, Respondent requests 

that the Administrative Law Judge issue an Order prohibiting: 

1. Any testimony or other evidence as to the purpose of the 

NOPIC other than those specifically enumerated in HMR 

Section 175.33; and 

2. Preclude the offering or receipt of any testimony or other 

evidence that NOPIC's are required to assist first 

responders in the event of an aircraft mishap. 

Complainant respectfully asks that the Court reject Respondent's 

request. The overall purpose of the Federal Hazardous Material 

Transportation Law and the Hazardous Material Regulations is 

safety. 49 C.F.R. § 175.33(a) (1); (1) (i) and (7), provide: 

§ 175.33 Shipping paper and notification of pilot-in-command 

(a) When a hazardous material subject to the provisions of 

this subchapter is carried in an aircraft, a copy of 

the shipping paper required by §175.30(a) (2) must 

accompany the shipment it covers during transportation 

aboard the aircraft, and the operator of the aircraft 

must provide the pilot-in-command with accurate and 

legible written information as early as practicable 

before departure of the aircraft, which specifies at 

least the following: 

( 1) The prqper shipping name, hazard class and 

identification number of the material, including 

10 
any remaining aboard from prior stops, as 

specified in §172.101 of this subchapter or the 

ICAO Technical Instructions. In the case of 

class 1 materials, the compatibility group letter 

also must be shown. If a hazardous material is 

described by the proper shipping name, hazard 

class, and identification number appearing in: 

(i) Section 172.101 of this subchapter. Except 

for the requirement to indicated the type of 

package, any additional description 

requirements provided in §§172.202, and 

172.203 of this subchapter must also be 

shown on the notification. 

(7) The date of the flight. 

49 C.F.R. § 175.33(a)(l);(l)(i); and (7) ensures the goal of 

safety by requiring the pilot-in-command to properly identify 

haza~dous material it transports. This regulation seeks to 

protect not only the pilot-in-command, but to insure safety for 

anyone whether the pilot, a person on the ground, or a first 

responder. This goal is consistent with the regulatory purpose 

of the hazardous material regulatory scheme-safety. In 

conclusion, the Complainant requests that the Administrative Law 

Judge deny all Respondent's requests to exclude relevant 

evidence and witnesses' testimony concerning the factors listed 

in 49 U.S.C. 5123(c). 

11 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

In the Matter of: 

Martinaire Aviation, LLC 

Respondent 

THE HONORABLE RICHARD C. GOODWIN 

ADMINISTRATIVE LAW JUDGE 

FAA DOCKET No. FAA-2013-0040 

FAA Case No.2011SW700189 

(Civil Penalty Action) 

FD:MS No. FAA-2013-0040 

DECLARATION 

1. My name is Paul Klimas. I am over the age of twenty-one and 

am in all ways competent to make this declaration. 

2. I am a Hazardous Materials Special Agent in the Hazardous 

Materials Section in the Federal Aviation Administration 

Regional Office in the Southwest Region. I have worked as a 

hazardous material Special Agent for fourteen years. 

3. On July 8, 2011, I conducted the hazardous materials 

inspection at Martinaire Aviation L.L.C. headquarters, 4553 

Glenn Curtis Drive, Addison, Texas. I reviewed the following 

attached Notification to Pilot-In-Command ("NOPIC") forms. I 

received these forms from the Chief Pilot, Michael Bates. The 

attached NOPICs are a true and accurate representation of what 

the file contained on the date of the inspection of Martinaire 

Aviation, LLC. 

4. The NOPIC, dated June 22, 2011 for Martinaire Flight number 

637, omits the proper shipping name and hazard class as required 

for a hazardous materials shipment classified as "Com~ressed 

Gas, N.O.S., 2.2 UN1956". This NOPIC omits the proper shipping 

name for two shipments properly classified as Dry Ice, 9; 

UN1845, PG III. The NOPIC incorrectly lists the proper shipping 

names as "Boehringer" and "JCAH", respectively. (See Exhibit B, 

attached). 

)\ 5. The NOPIC, dated June 6, 2011 for Martinaire Flight number 

) 600, omits the proper hazardous material shipping description 
for a shipment classified as Paint, hazard class 3, UN1263, PG 

II. The packing group was not provided. The NOPIC describes 

the hazardous material as "Paint, hazard class 3, UN1245." 

UN1245 is the identification number for another hazardous 

material, methyl isobutyl ketone. (See Exhibit C, attached) 

6. The NOPIC, dated June 6, 2011 for Martinaire Flight 682, 

fails to include the correct UN identification number for a 

hazardous material shipment properly classified as "Denatured 

Alcohol, 3, NA1987, PG II". The NOPIC describes the .item as 

"Denatured Alcohol, 3, UN1087". UN1087 is the identification 

number for a hazard class 2.1 item, "Vinyl methyl ether, 

stabilized." The NOPIC does not provide the packing group. 

(See Exhibit D, attached). 

7. The NOPIC for the Martinaire Flight associated with tracking 

numbers 8771203122 and 8771205111 fails to include the correct 

proper shipping name and packing group as required for two 

hazardous. material shipments properly classified as "Petroleum 

Distillates, N.O.S., hazard class 3, UN1268, PG III,". The 

NOPIC associated with tracking number 8771203122 lists "128" on 

the NOPIC. "128" is not a recognized identification number. No 

packing group is listed for both shipments. The NOPIC fails to 

list the flight number and the date. (See Exhibit E; attached) 

8. The NOPIC, dated May 24, 2011 for Hartinaire Flight number 

66, fails to include the complete proper shipping name, hazard 

class a·nd correct identi.fication number as required for a 

hazardous material shipment properly classified as Helium, 

compressed, hazard class 2.2 UN1046. The identification number 

on the NOPIC, "UN1064", is for a product forbidden for 

transportation on cargo aircraft, Hethyl Mercatan, 2. 3 ( 2 .1) 

UN1064. (See Exhibit F, attached). 

9. The NO PIC, dated Hay 19, 2 011 for Martina ire Flight number 

601, fails to include the complete proper shipping name, hazard 

class and packing group as requ~red for a hazardous material 

shipment properly classified as "Organophosphorus Compound, 

Toxic, Liquid, N.O.S. (Diphenylphosphoryl Azide), 6.1 UN3278, 

PGII" (tracking number 129444340274593550). The NOPIC 

identifies the hazard class as ~5.1". (See Exhibit G, 

attached) . 

10. The NOPIC, dated May 14, 2011 for J'llartinaire Flight number 

700, fails to include the complete proper shipping name and 

correct identification number as required for a hazardous 

material properly classified as ''Printing Ink, hazard class 3, 
UNl210. The NOPIC incorrectly lists ''UN1457" as the 

identification number. The identification number "UN1457" is 

for a product classified as, ''Calcium peroxide, 5.1, UN1457". 

(See Exhibit H, attached). 

11. The NOPIC, dated May 13, 2011 for Martinaire Flight number 

688, fails to include the complete proper shipping name and 

packing group as required for a hazardous material shipment 

properly classified as "Corrosive liquid, acidic, inorganic, 

N.O.S., hazard class 8, UN3264. The NOPIC incorrectly lists 

"NOS" as the proper shipping name. (See Exhibit I, attached) 

12. The NOPIC, dated April 14 1 201l, for Martinaire Flight 

number 637 and associated with tracking number. 1ZSR91W80123229672, 

fails 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." The NOPIC 

incorrectly lists "BECKMAN COULTER" as the proper shipping name. 

The NOPIC associated with tracking number 1Z5R9lii780123218942, 

fails to include the complete proper shipping name and packing 

group as required for a shipmenf properly classified as "Sodium 

hydroxide Solution, hazard class 8, UN1824." The NOPIC 

incorrectly lists "BECKMAN COULTER" as the proper shipping name. 

(See Exhibit J, attached) . 

13. The NOPIC for Martinaire Flight number 637, dated April 12, 

2011 and associated with tracking numbers 1Z8847490150235015 & 

128847490150247628, fails to include the proper shipping name 

and packing group for shipments classified as Lithium Metal 

Batteries Packed with Equipment, hazard class 9, UN3091, PG II 

and Lithium Metal Batteries, hazard class 9, UN3090, PG II. The 

NOPIC incorrectly lists "Medtronicu as the proper shipping name. 

(See Exhibit K, attached) . 

14. The NOPIC for Martinaire Flight number 685, dated April 12, 

2011 and associated with tracking number 1Z074E300205633517 

fails 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." Hazard Class 3 applies to 

flammable liquids and UN2800 is the UN identification number for 

"Battery, wet, non-spillable". The NOPIC incorrectly lists 

"Carat Acid" as the proper shipping name. (See Exhibit L, 

attached) . 

) ) 15. The NOPIC for Martinaire Flighc number for Flight number 66, 

· ./ dated April 1, 2011 fails to incluje the complete proper 

0 

·' 
-~/ 

shipping name and packing group as required for a hazardous 

materials shipment properly classified as Corrosive, liquid, 

acidic, inorganic, n.o.s., hazard class 8, UN3264. ihe NOPIC 

incorrectly lists "Corr" as the proper shipping name. (See 

Exhibit M, attached), 

16. Martinaire's incomplete Notification to Pilot-In-Command 

forms fail to identify the kind of hazardous material carried on 

Martinaire's aircraft and put the lives of first responders, its 

pilots and the entire air transportation system at risk. 

17. Based on the facts of this case, the previous violation 

history of Martinaire Aviation LLC and the factors listed in 4 9. 

U.S.C. § 5123(c) a civil penalty of $206.550.00 is warranted in 

this case. 

4 
) ) \ 

.. 1 

'"ZT~ 

Marlh:laire 

Special Agent Paul Klimas 

Federal Aviation Administration 

August 2, 2011 

Joint Security and Hazardous Materials Safety Office, Central 

2601 Meacham Boulevard 

Fort Worth, Texas 76137-4299 

Re: Martinaire Aviation, LLC 

Elll:2011SVV700189 

Dear Special Agent. Klimas: 

This letter is in response to Mr. Brian Buchanan's letter of investigation dated 

July 19,2011, which Martinaire received on July 21,2011. At the outset, I would 

like to assure you that your letter, and the matters alleged therein, have merited . . 

Martinaire's utmost attention and concern. As an FAA-certificated air carrier that 

has been in business for over 32 years, Martinaire is fully aware of its statutory and 

regulatory responsibilities and conscientiously strives to fulfill same in a highly 

professional and effective manner. 

Addressing the specific matters raised in the letter of investigation, the 

discrepancies noted during your July 8, 2011 audit and summarized in paragraphs 1 . 

through 14 of your letter are substantially correct. In short, the Notifications of 

Pilot-In-Co=and (NOPC's) were not properly completed, not only contrary to the 

applicable Hazardous Materials Regulations, but in derogation ofMartinaire's own 

policies, procedures and manuals (as more fully discussed below). 

You have also alleged that NOPC's involving shipments of Dry Ice, in many 

cases, lacked proper shipping names. Again, we do not dispute your findings and, 

again, these NOPC deficiencies were contrary to Martinaire' s policies, procedures 

and manuals. 

As you are aware, Martinaire's General Operations Manual (GOM) requires 

that NOPC's be fully and accurately completed (please see GOM Section P, attached 

as Attachment A). 
) ·· ... 

. /. )-) 

! 

In adclition, Martinaire's FAA-Accepted/Approved Operations and Training 

Manual for the Acceptance and Transport of Dangerous Goods in Air 

Transportation, dated Febmary 19,2008: 

-specifically states that employees, agents and contract employees may not 

perform any assigned duties or responsibilities involving the acceptance, handling, 

storage or transportation of dangerous goods or hazardous materials (DGIHM) unless 

they have satisfactorily completed Martinaire' s dangerous goods training within the 

last 12 calendar months (Training Manual, Part One, page vi), which is more 

restrictive than the 24 calendar month requirement in the regulations; 

-prohibits the loading or transport of any DGIHM unless the NOPC has been 

completed (Training Manual, Part One, page 5); 

-requires that the pilot in command be given accurate and legibly written 

information (Training Manual, Part One, page 9); and 

-mandates that specific training modules be completed during initial and 

recurrent training (Training Manual, Part Two, page 3), including NOPC's (Training 

Manual, Part Two, page 3; Module 10). 

Excerpts from the above-cited Training Manual are attached as Attachments B, C, D 

and E . 

Martinaire's pilot-specific initial and recurrent training syllabus for 

HAZMAT requires that Module 10 (NOPC) training be given to all personnel (other 

than skycaps, ticket counter agents and other personnel engaged in baggage check-in 

procedures [not applicable to Martinaire ]; specifies procedures for complying with 

49 CFR 175.33 and mandates that pilots and dispatchers are equally responsible for 

correctly filling out the NOPC (excerpts attached as Attachment F). 

As you will recall, the audit was followed by an outbriefing on July 8, 2011. 

Although Martinaire's Chief Pilot and Assistant Chief Pilot were quite capable of 

handling this outbriefing on Martinaire' s behalf, given the numbers and gravity of 

the discrepancies, I elected to personally participate to ensure that all discrepancies 

were uncovered and investigated and that all necessary and/ or appropriate corrective 

action would be taken as quickly as possible. In response to some concerns that the 

format ofMartinaire' s existing NOPC form might have contributed to these 

discrepancies, it was agreed that Martinaire would revise this form. This was done 

and by the following Monday, July 11, the form was not only revised, but printed 

and distributed system-wide. Copies of the old and new NOPC forms are attached as 

Attachments G and H. A copy of Chief Pilot Michael Bates' broadcast email to all 

pilots and flight followers advising of and transmitting this revision is attached as 

Attachment I); 

In addition, Martinaire has since taken the following corrective actions: 
) 

Training: Martinaire reviewed and revised its training program for pilots and 

dispatchers to highten awareness and emphasize the requirement for accuracy in 

completing NOPC forms (copies of the revised training materials are attached as 

Attachments J and K). Dispatchers underwent supplemental training on July 14 and 

15 (training signoffs are are attached as Attachment L). On July 26, Chief Pilot 

Michael Bates sent another broadcast email to all pilots further clarifying how to 

complete the NOPC and attaching a verbatim copy ofHMR 175.33 (Attachment M); 

Auditing: The Dispatch Manager, Chief Pilot and Assistant Chief Pilot now 

perform daily audits of all new NOPC' s. This is accomplished under my direct 

oversight. Any discrepancies are corrected and persons responsible for any errors 

are promptly notified and counseled; 

Cross-checking: Upon receipt of NOPC' s from the pilots in command (either 

via FAX or telephone), dispatchers are required to check and confrrm that the 

information contains the proper shipping name, UNID number and Class. If any 

errors are found, they are to be corrected prior to the aircraft's departure. Each 

dispatch desk and computer has hard and electronic copies of the latest A.I.R. 

Shipper book. With the tables in both alphabetical and munerical order, confirming 

proper shipping information should be more or less instantaneous; 

I think that you will agree that Martinaire has been fully cooperative in this 

investigation and that its response to the FAA's audit findings and implementation of 

corrective actions was immediate and effective. In short, we believe that we have 

left "no stone untumed." 

Should you wish to discuss this matter further, or should you have any 

additional concerns that you believe that Martinaire has not fully addressed, please 

be assured that members ofMartinaire's Senior Management will make ourselves 

available at your convenience to resolve any remaining issues and concerns. 

letter. 

We thank you for your having afforded us the opporhmity to respond to your 

With best regards, 

Very tntly yours, Afroa 

Alan S. Rusinowitz 

Executive Vice President 

and Chief Operating Officer 
) i . ·- ... /( 

----- .· 

;r1gerous Goods, I H;iJ2fVLI\ T r~otification of Pilot in Com mane\ 

D !•-:iBf!ed or Lt5e.b:p P:,:k~_;:es sre nCJt ¥= ~SIIll.-:3C! 01'1 

.V ~rt,;naire AircraTl 
) 

Dangerous Goods I HAZMAT Notification of Pilot in Command NOPC 

MARTINAIRE __ __..__ 

UPS or #: 

~ Lf;;. f/4 ;-;a t/t.(c; J 7C lo C. 

Proper 

UN 10#: 

Hazard class : 7 

ng name: 

UN 

Hazard class : 

Quantity ht: 

or 

or 

Date 

General info: For information regarding this form, contact 

Martinaire Flight Operations at 972-349-5700. 

aged or Leaking Packages are not Permitted on 

maire Aircraft. 

~oo-d-).5-- 51J-( 

Location on board 

Emergency 

(not required for drv lee shipments, 

aircraft (zone or 

, C2) 

Papers: 

C2) 

Papers: 

, C2) 

non or pod): 

Captain's or 
·-/ 

Dangerous Goods I HAZMAT Notification of Pilot in Command NOPC 

Dale MARTINAIRE _____ _ 

$7/ ~7-~7 

ok.>l 

'--Jv•rf> 

or 

or 

UPS Tracking#: 

g name: 

UN ID#: 

Hazard class : 

General Info: For information regarding this form, contact 

Martinaire Flight Operations at 972-349-5700. 

Damaged or Leaking Packages are not Permitted on 

··- · Martina ire Aircraft. 

I B't>o y 7.-'f 

'C 5 

on board 

#From 

dry ice sh!pments, 

on 

o Passenger 1 

o Cargo Aircraft 

(check I mark """''i" ·"'• 

13ob 

ne or pod): 

Papers: 

C2] 

packages on board: 

I 

Special Permit Req.: DYes 

or er's Signature: . 
::..,., 

Notificat~on crf F'i!ot in Command NOPC 

.. 

' 

i! Pv-oper s 

liN !C># : 

i 

r--

----

#: 

~1712DS!I ( 

Ge,e,·allnfo.· For information regarding this forrn, contact 1 Martinai!·<, Fdght Operations at 972-349-5!'•:10. 

,, = 

A'CTail # 

I 

{no~ req·.J)red for QDLif:§. shipments, 1 

·-~-"£ "~0 7 <~>·7 . .., 0 ""'- ~~ f .J , ._.., c.-- ~ I c)C-J 1 

rcw!l (~one or 

Erm~rgency . . {not r~qu\r~:d for drv lee shipments, 

'on 
Dangerous Goods I HAZMAT Notification of Pilot in Command NOPC 

Date Flight No. A!CTail # PIC EMF 

MARTfNAfRE ~ :;}t y! 11 ~G .Li~}fl B I .. ~, 

, I ? 

~ 

UPS or DHL Tracking#: Emergency Contact# From Shipping Papers: 

(not required for !dDLif.'O shipments, 172.604, C2) 

:;~ .·. ,• ., . . , n 9 7 ;;(oo - (_{ T ,.? -'-""' 

- f '-""'-~' -- ' ;soo ' ,.·.· . .) { C..( L( / ~-~ "-( { L '-r __ ,. ; 

. 

I 

Proper shipping name : c: .~-i'\ 1 r·· J { I Location on board aircraft (zone or pod): 'i,., .. .1 UNID#: i' () (r,J .; .. / /. ! . ' ' ~-'- }f,.\.._ 

Hazard class : ~ '7 G·E l -~{~ ... (, !"· {_ . .' 

·~· 

Quantity I Weight: o Passenger Aircraft ~j 1 ! .... · <J Cargo Aircraft Only 

lbs or kq ~check I mark applicable box) 

UPS Tracking#: Emergency Contact# From Shipping Papers 

(not required for dry ice shipments, 172.604, C2) 

Proper shipping name : Location on board aircraft (zone or pod): 

UN ID#: 

Hazard class : 

Quantity/ Weight: o Passenger Aircraft 

o Cargo Aircraft Only 

lbs or ka (check I mark applicable box) 

UPS Tracking#: Emergency Contact# From Shipping Papers 

(not required for dry ice shipments, 172.604, C2) 

Proper shipping name : Location on board aircraft (zone or pod): 

UN 10#: 

Hazard class : 

Quantity I Weight: o Passenger Aircraft 

o Cargo Aircraft Only 

lbs or ka (check I mark applicable box) 

RAM Tl & Location (If applicable): Total #of DG/HM packages on board: 

\ 

/ 

General Info: For information regarding this form, contact Special Permit Req.: DYes~ NO 

) 

J I 

Martinaire Flight Operations at 972-349-5700. 

Captain's or Dispatcher's Signature: 

Damaged or Leaking Packages are not Permitted on 

Martinaire Aircraft. w~--- -~ 

f:Ii"'i!!!l®II':ERt)IN\Eli;IT'.~I t§'.',~~~~:~:~;~:~~~~~~,,~ll~;~,,;_-~,:c_~~~(;•~:~~? 
I 

2011-05-!7 05:26 DISPA iCH LA'" 18883210224 ::>) 9723495755 p ?I!. 

c~x Dangerous Goods I HAZMAT Notification of Pilot in Command NOPC 

/6,1:_, i Flight No. NCTa\1# PIC EM PL.# 

MARTJNAIRE ., ·- ' 

I '' ,-tr'r crtr1 ------'--- v-[-~11- oCf ckl:p 

UPS ar DHL Tracking #I Em6f!iency Contact I From Shipping Papers: (nol require<! for dry Ice shiprr-.;n\l, 172,604, C2) 

I'Z qy Y4 '3 Y o:J:t~ ~9 35 s-D t~8DO ~ tf;tlj.,;- <}soD 

Proper shipping ngme : Q~~~s:f\-lo\iJ.J S Location on board aircraft (zone or pod): 

UN ID#: 3~'.}: ~ · O l-\ •l'b y Hamd clai'S: C..0~-1. Ol)ll lo~ lt., til! I 

s I I z~;Jfi__ Quantity 1 Weight: 

O·O&S" L1 n-::12. . ~l o( 

UPS Tracking #: 

Proper shipping n<>me: ~ 

Hazard 

UNID#: 

cla~s : ~~ 

• Quantity I Weight;,.....---

lbs Of· kq 

UPS Tracking-#: 

Proper shipping~ 

~ -....:..__::.: UNID¥: 

Hazard class : 

Quantity I Weight: 

lbs or ka 

RAM Tl & Location (If applicable): 

·-----·-·· ... Njtt '. ... ,, "" 

Gener~llnfo: For Information regarding this form, contact 

Martina ire Flight Operations al972·349·5700. 

·-· ·-----·- ·-· -------~----- -~-

Damaged or Leaking Packages are not Permitted on· 

I Martina ire Aircraft. ·. • I 

. 

,N;assenger Aircraft 

o Cargo Aircraft Only (check I mark applcable box) 

Emergency conta<Jtl From Shipping Papers: (not required for~ ship<Mn!s, 172.604, C2) 

~· 

Loca!lon on board ~lroraft (zone or pod): 

1---

o Passenger Alrcr~ 

o Cargo Aircraft Only (clleck I mart< appHoabl<! box) 

Emergency Contact I From Shipping Papers: (not required lor~ shipments, 172.604, C2) 

~ 

~rcratt (zone or pod): 

o Passenger Aircraft 

"Cargo Aircraft Only (ched( I mark apj]ic»ble be•) 

Total# of DGIHM packages on board: 

I 

'" ··-

Special Permit Req.: DYes ~NO 

1 

·captain's or Diop~tcher's Signature:·--- ·-

I , 

I 

'~ / .. I .. -· ---- ·------- ____ j _____ _ 

: 

l 

I .___j 

I 

I 

i 

. ..• .., 

I 

-
I 

Dangerous Goods I HAZMAT Notification of Pilot in Command NOPC . 

I 

Date Flight No. NC Tail# PIC EMPL.# 

MARTINAIRE .. I -- - 5 ll{ /11 1-no 4'Lf.ll 12, =<<~~ ' - ~ 

UPS or DHL Tracking#: f)f Emergency Contact# From Shipping Papers: 

lh~cf. (not required far drv lea shipments, 172.604, C2) . "' I ? ') ,.-, ., ... I ·! ( { ·\ / ;~·-· .• ...--, <;:" ~ {! >\ ·-1 I_ .. -; t I ,... ,.,,, 

~-;;:7rL t.. •. -·l-1.-. ~,(J.._ .. ..! LJ ) .,.·t7 (,)() -s ..... · If o-1 oJ;,qu *f- u ~· (_,' .,.,~I if• .. l 

. 

Proper shipping name : ,.-, . 

j,,k__. Location on board aircraft (zone or pod): 

UN ID#: I'-'\ S7 

I ~ t . ~- -~') 

/-"'~ ['\ Hazard class ;---., : 3 -"'" __ ,_,.; 

Quantity I Weight: olassenger Aircraft 

\).. "L 'b Cargo Aircraft Only 

lbs or :) kg (check I mark app\lcabl~rbo~) 

UPS Tracking #: Emergency Contact# From Shipping Papers: 

(nolrequlred for~ shipments, 172.604, C2) 

Proper shipping name: Location on board aircraft (zone or pad): 

UN/D#: 

Hazard class : 

)) 

_/ • Quantity I Weight: o Passenger Aircraft 

o Cargo Aircraft Only 

lbs or kg (check I mark applicable box) 

UPS Tracking#: Emergency Contact# From Shipping Papers: 

(not required for drv ice shipments, 172.604, C2) 

Proper shipping name: Location on board aircraft (zone or pod): 

UN ID#: 

Hazard class : . 

Quantity I Weight: o Passenger Aircraft 

o Cargo Aircraft Only 

Ibs or kg (check I mark applicable box) 

RAM Tl & Location (If applicable): Total# of DGfHM packages on board: 

I 

General Info: For information regarding this form, contact Special Permit Req.: DYes 'EJ;t(O 

Martinaire Flight Operations at 972-349-5700. 

Captain's or Dispatcher's Signature: 

, Damaged or Leaking Packages are not Permitted on 

Martinaire Aircraft. L;, t--·· 

''"\./--

, Martr11a1re Farm MR.A HAZ02 Re ' 
) 

Dangerous Goods I HAZMAT Notification of Pilot in Command NOPC 

Date 

MARTINAIRE __ _____.__ s-(r:s{ I{ 

UPS or DHL Tracking#: 

(7 .. ..C5 f1 \ W '6' o 'l) S Tl ~ ~if I 

Proper shipping name: tJ 0 S 

UNID#: 32{,·<-f Hazard class : g 

or 

Proper ""'"uu11 g name: 

UNIP#: 

Hazard class : 

or 

Proper shipping name: 

UN ID#: 

Hazard class : 

Quantity I 

or 

General Info: For information regarding this form, contact 

Martinaire Flight Operations at 972-349-5700. 

, Damaged or Leaking Packages are not Permitted on 

Martinaire Aircraft. 

0. NC Tail#-

ergency Contact# From 

(not required for dry ice shipments, 172.604, C2) 

Location on board aircraft (zone or 

Lo 

Location on board aircraft (zone or 

o Passenger rcraft 

o Cargo Aircraft Onl 

(check I mark I I 

Spec'lal Permit Req.: DY NO 

Captain's or s Signature: 
I Apr 15 2011 5:47AM HP LRSERJET FAX 

Dangerous Goods I HAZMA T Notification of Pilot in Command 

. MARTINAIRE~..::..:-·:;_c__-c..::_· - =-··--=-=-·-=-..• ,... ... ,_ 

4-/Y.tf 

name: 

General Info: For information regarding this form, contact 

Martinaire Flight Operations at 972-349-5700. 

Damaged or Leaking Packages are not Permitted on 

Martlnaire Aincraft. 

#From 

(not dry I"" shipments, 

Location on 

Location on 

Special Permit Req.: DYes 

p. 1 

NOPC 

or pod): 

orpo , 

C2) 

re: 
I 

\ 

I , 

)) ( Dangerous Goods I HAZMAT Notification of Pilot in Command NOPC / 

II, 'C<l-4l Y 10 ISO l.J so )S 

Proper 

UN ID#: 3~ 'i! 

Hazard class : "l 

rc.. 

General Info: For infonnation regarding this form, contact 

lvlartinairs Flight Operations at 972-349-5700. 

Camaged or Leaking Packages are nol Permitted on 

tvlartinaire Aircraft. 

2. d 

JSL 3L3 J>co 

on 

Special Permit Req.: DYes 0 NO 

or 

Xtld .l3[<J3Stll dH 
I 

I 

" 

.···. ) 

./ 

Dangerous Goods I HAZMAT Notification of Pilot in Commalld NOPC 

UPS or Tracktn-g #: 

Proper 

UN/0#: 

neme : f:" Q 1( .:-

'i(D D -· 

Hazard class . 3 

uantity I Wei~ hi: 

UPS 

name: 

I Weight: 

Propers 

:JN ID#: 

-Iazard class : 

name: 

Juantity Weight: 

'}lLor 

or 

or 

:AM Tl & Loca applicable): 

Flight ?JC PIC EM PL. 

Emergency Contact# From Shipping Papers: 

(not required for dry ice shipments, 172.604, C2) 

0- ·' (!-,{/ (l .,.. () ,: { J I I - / , , .. •j ':J - () .... '(j 1 ,,,.. ~ ' '-~ 

or pod): 

5 

Emergency From Shipping 

(no! required for dry ice shiprnonls, 172.604, C2) 

Location on 

o Passenger Aircraft 

o Cargo Aircraft Onfy 

I mark · box) 

on 

o Aircraft 

o Cargo Aircraft Only 

(check/ mark applicable 

Papers: 

C2) 

It of DGIHM packag\s on board: 

I

I Special Perrilit Req.: 

eneral Info: For ir.fcnT,alion regarding Ill is form, contact 

artin2ire Flight Operations at 972-349-5700. 

) 

.. / 

r maged or Leaking Packages are no! Permitted on 

3 rtinaire Aircraft 

Captain's or Dispatcher's v: 

· l/vl_; 
/ 

... ) --.," 

)" 

.. f' 

Dangerc:us Goods I HAZMAT 

. I 

1\/otiflcation of Pilot in Command NOPC 

! Oate 

I . I 

I / 

j ,./ I '1 

I

L.il/// 

. .!/'I , <; '7 < .. ,..... .----

I ,')::; Taii ii ,. 

I 

/ I;· ,--c>l} , (

1 

P ..U31·t ... / 

PIC EMPL. 1 

Erner£ency Con teet# From Shipping PaPeis: 

(nut :-E:quke.d for dry icE shi:Jmen[s, 172.604, C2) 

/> ,, 

'1 ·,~· ) Li -'--~ f 

I urs Trackfns: ;'' 

I 

ii 

' 

,, 

Emergency Contact if From Shipping Papers: 

{nol required for drt fee sr:ip:nsnls, 172.604, C2) 

.. ) ... ._ I! Proper shipping name: 

~)~li}~:r; ~f2SE ; 

Location on board aircratt (zone or pod): 

8-Lantity I Weight: 

?:":rr 

i 1 lbs 

I 

or 

lrUPS Tracking .,:-;----------

11 

11------,---'---------

1 Proper shipp;ng name: 

,

1 

u~:ro#: 

:' l-1--7':l~d ,-(---.c:::;;:: • 'I > -~'-"' . 0-~ , 

/1 Ocantity I Weight: 

or /I lbs 

RAM Tl & Loc=:tio:l W app~;cabie): 

kg 

ko 

o Passenger Aircraft 

o CBrgo Aircmft Only 

(check I mark .9pp!ic2b!a box) 

Er.1ergency Contact# From Shipping Papers: 

(n.Jt required fo!' drv ice shipments., 172.604, C2) 

Location on boErd airel-eft (zone or pod}; 

o Passenger Aircraft 

o Ca:·go 1\,ircraft Only 

(choc~< 1 ,T1a:k Epplicable box) 

i eta I¢!' of OGIHM package=: on board: 

( ,, ___________________ , ______________ -+----------.-~----

s . ' P , R · DYes VNO 

I 

! Gene-ai Info: For in~c.rrt:atlo,l reaardi1-:q F-:is for-m. ccritact 

i i'vlar~ir.ai."e Fli]ht Operations af 9...,72-349-570.0. . 

pec:a: erm:: eq.. if-! 

i Cap:aj-,'s or Dispatche-'s Signature: 

. ', .<22~d or Lsa~!ng .Pscksges sre ,1Gt Pe!.illitted on [' ( ! 

, ., s n · n a .. -e A i.-e: arc. ~ .. ,=~,'=!~!!Jl~~{~~~~!!l!~f!!!J~_~~!!!!;,t;.J!i,~l!!!§S'J!l!!,;,J!'l!,t!",~!llo.; L~,~;t-__ --· 
) 

) 

Respectfully submitted this 23rd day of May 2014. 

ERIC E. ANDERSON 

Regional Counsel 

Southwest Region 

CERTIFICATE OF SERVICE 

Re: Martinaire Aviation, LLC, FAA Case No. 2011SW700189 

I hereby certify that on this date, I have sent via Federal 

Express an executed original and one copy of COMPLAINANT'S 

RESPONSE TO MARTINAIRE'S MOTION IN LIMINE N0.1, N0.2 and N0.3 

the addressed as follows: 

Federal Aviation Administration 

Attention: Hearing Docket, AGC 430 

600 Independence Avenue, SW 

Washington DC 20591 

Wilbur Wright Building-Suite 2Wl000 

Washington, DC 20591 

(original plus one copy) 

(Federal Express) 

I further certify that on this date, I have sent via 

Federal Express a true copy of the COMPLAINANT'S RESPONSE TO 

MARTINAIRE'S MOTION IN LIMINE N0.1, N0.2 and N0.3 addressed as 

follows: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20 

Department of Transportation 

1200 New Jersey Avenue, S. ~7. 

Washington, DC 20590 

FAX: (202) 366-7536 

(Federal Express) 

12 
J I further certify that on this date, I have sent via 

) 

Federal Express a true copy of the COMPLAINANT'S RESPONSE TO 

MARTINAIRE'S MOTION IN LIMINE N0.1, N0.2 and NO. addressed as 

follows: 

Mr. Michael L. Dworkin and Associates 

Law Offices 

465 California Street, Suite 210 

San Francisco, California 94104-1808 

(Federal Express) 

Telephone: (415) 421-2500 

Facsimile: (415) 421-2560 

Archier, Agency Attorney 

(817) 222-5074 

13 

May 23, 2014 
From: (817) 222-5074 

James Archier, Esq. 

Origin ID: MWLA 1:-~ 

l"l::Q..SM. 

FAA Office of Regional Counsel 

2601 Meacham Blvd., Rm. 663 

Fort Worth, TX 76137 

EXp(e:Ss 

~ J14101402070326 

SHIP TO: (415) 421-2500 BILL SENDER 

MICHAEL L. DWORKIN, ESQ. 

MICHAEL L. DWORKING AND ASSOCIATES 

465 CALIFORNIA ST STE 210 

SAN FRANCISCO, CA 94104 

Ship Date: 23MAY14 

ActWgt: 5.0 LB 

CAD: 103553975/INET3490 

Ref# 

Invoice# 

PO# 

Dept# 

Martinaire Aviation LLC 

--------------1 TRK# 7700 8320 6315 

I o2o1 I 

Page 1 of 1 

TUE- 27 MAY 10:30A 

PRIORITY OVERNIGHT 

94104 

SCAPCA CA-US 

SFO 

II II 522G IJ82D3/F220 

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documented loss. Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other 

items listed in our ServiceGuide. Written claims must be filed within.strict time limits, see current Fed Ex Service Guide. 

https://www.fedex.com/shipping!html/en//PrintiFrarne.html 5/23/2014 
From: (817) 222-5074 

James Archier, Esq. 

FAA Office of Regional Counsel 

2601 Meacham Blvd., Rm. 663 

Fort Worth, TX 76137 

Origin ID: MWLA Fec&r. 

Express 

IE 

J14101402070326 

SHIP TO: (202) 366-5121 BILL SENDER 

Han. Richard C. Goodwin 

National Transportation Safety Bd. 

1200 NEW JERSEY AVE SE RM E12-320 

DOT, OFFICE OF HEARINGS, M-20 

WASHINGTON, DC 20590 

Ship Date: 23MAY14 

ActWgt 5.0 LB 

CAD: 103553975/INET3490 

Ref# MartinaireAviation LLC 

Invoice# 

PO# 

Dept# 

------~---,---------1 TRK# 7700 8305 6704 

I 0201 I 

SAXSMA 

522G1!02D3/F220 

After printing this-label: 

1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 

2. Fold the printed page along the horizontal line. 

Page 1 of 1 

TUE- 27 MAY 10:30A 

PRIORITY OVERNIGHT 

20590 

DC-US 

lAD 

3. Place label in shipj:ling pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. 

Warning: Use only the printed original label for shipping. Using a photocopy of this !abel for shipping purposes is fraudulent and could 

result in additional bllling charges, along with the cancenation of your Fed Ex account numberUse of this system constitutes your agreement to the service conditions in the current Fed Ex Service Guide, available on 

fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the .result of loss, damage, delay, nondelivery,misdelivery,or mis_information,_ unless you declare a higher value, pay an additional charge, document your actual loss and file a 

timely claim. limitations found in the current Fed Ex Service Guide apply. Your right to recover from Fed Ex for any loss, including intrinsic 

value of the package, loss of sales, income interest, profit, attorney's fees, costs, arid other forms of damage whether direct, 

incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual 

documented loss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, n~?gotiable instruments and other 

items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current Fed Ex Service Guide. 

https://www.fedex.com/shipping/html/en//PrintiFrame.html 5/23/2014 
From: (817) 222-5074 

James Archier, Esq. 

Origin ID: MWLA 1:'-.....-a........ 

n;:Q..SM. 

FAA Office of Regional Counsel 

2601 Meacham Blvd., Rm. 663 

Fort Worth, TX 76137 

Express 

[§ 

J14101402070326 

SHIP TO: (202) 385-8229 BILL SENDER 

Attn: Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

600 INDEPENDENCE AVE SW 

WILBUR WRIGHT BUILDING-SUITE 2W1000 

WASHINGTON, DC 20~97 

After printing this label: 

Ship Date: 23MAY14 

ActWgt 5.0 LB 

CAD: 1 03553975/INET3490 

Page 1 of 1 

llllllllllllllllllllllllllllllllllllllllllllllllllll 

Ref# MartinaireAviation, LLC 

Invoice# 

PO# 

Dept# 

TRK# 7700 8299 6268 

I o2o1 I 

TUE- 27 MAY 10:30A 

PRIORITY OVERNIGHT 

SAWASA 

20597 

DC-US 

lAD 

522G1/62D3/F220 

1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 

2. Fold the printed page along the horizontal line. 

3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. 

Warning: Use only the printed original label for shipplng. Using a photocopy of this label for shipping purposes is fraudulent and could 

result in additional billing charges, along with the cancellation of your Fed Ex account number. 

Use of this system constitutes your agreement to the service conditions in the current Fed Ex Service Guide, available on 

fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, nondelivery,misdelivery,or misinformation, unless you declare a higher value, pay_an additional charge, document your actual loss and file a 

timely claim. limitations found in the current Fed Ex Service Guide apply. Your right to recover from Fed Ex for any loss, including intrinsic 

value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, 

incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual 

documented loss. MaXimum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other 

items listed in our' ServiceGuide. Written claims must be filed within strict time limits, see current Fed Ex Service Guide. 

https://www.fedex.com/shipping/htmllen//PrintiFrame.html 5/23/2014