Q 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

-.f FARTMENT OF 

•RANSPORTATION 

;.^C!;i:TOFEnATIOMS 

m JAfi 13 P h 3S 

Great Lakes Region 

Regional Counsel, AGL-7 

2300 East Devon Avenue 

Des Plaines, Illinois 60018 

847/294-7109 

January 3, 2012 

OVERNIGHT MAIL 

Federal Aviation Administration 

800 Lidependence Avenue, S.W. 

\Vasliinglon,D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

ATTN: HEAJITNG DOCKET CLERK 

Re: In the Matter of Marinaire Aviation, LLC/cP-OQ' {^{{'dit bSS3^ 

FAA Case No. 2011-GL.-70-0205 / p[^|-^^. Q^OH-IO^HS 

Enclosed herein please find a copy of a request for hearing and the original and one copy of the 

Federal Aviation Administration's Complaint in the above-cntillcd action for filing, together with 

proof of ser\'ice upon the Respondent. 

The FAA requests that the hearing in tliis matter be held in the Cliicago area, and expects that the 

hearing will last-one day. 

Please address all communications for the Federal Aviation Administration to the attention of Kale 

Barber, Office of the Regional Counsel, 2300 East Devon Avenue, DesPlaines, Illinois 60018. 

Sincerely, 

Kate Barber 

Attorney 

Enclosures 

cc: AGL-700 

j^(^-**2DB 
U.S. DEPARTMENT OF TRANSPORTATK 

FEDERAL AVIATION ADMINISTRATIOI 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

I-AM - 4, 

In the Matter of Martinaire Aviation, LLC 

2011-GL-70-0205 

Judge Not Assigned 

COMPLAINT 

The Federal Avi^ition Administration (FAA or Complainant), by counsel hereby files its 

Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

I 

On July 1, 2010, Respondent was advised through a Notice of Proposed Civil Penalty 

that the FAA proposed to assess a civil penalty in the amount of $90,000. On December 19, 

2011, a Final Notice of Proposed Civil Penalty in the amount of $35,000 was issued. On 

December 22, 2011. Respondent submitted a written request for a hearing. 

II 

1. On or about May 11,2011, Martinaire Aviation, LLC (ATTA) transported by air a one gallon of 

Purple Power IndustriaJ StrengtJi Cleaner/Degreascr, a hazardous materiaJ. 

2. The above-described cleaning liquid was transported in aircraft N9505B from Cadillac, N't! 

(CAD) to Ludington, Ml (LDM) and tlien to Capita] Cit}' Airport (LAN) in Lansing, X'D, 

where it was discovered by a FAA Special Agent (SA) during an inspection of MTA's 

compliance with liazardous material transportation laws. 
3. In the course of the investigation, an FAA special agent discovered that on or about 

May 11, 2011, a MTA employee unlaw^lly transported hazardous material by air and 

therefore MT9A had not met its employee hazardous material training requirements. 

4. The material within the shipment is classified as hazardous materials under Section 

172.101 of the Hazardous Materials Regulations. The proper shipping name for Purple 

Power Industrial Sti^ngth Cleaner/Degreaser is UN 1760, Corrosive Liquid N.O.S., Class 8, 

Packing Group n. 

5. This hazardous material sliipment was not declared, described, packaged, marked or labeled as 

containing hazardous materials or in the proper condition for transport according to tlic 

Hazardous Material Regulations. 

6. Tlie sliipment was not labeled CARGO /URCRAFT ONXY. 

7. At all times mentioned herein, the shipment was not accompanied by a Shipper's 

Declaration for Dangerous Goods. 

8. MTA transported the hazardous material above-described by air without shipping 

papers containing the proper shipping name, without delineating the hazard class, 

without the prefix "UN" or "NA," as applicable; without the total quantity by weight 

or volume of hazardous material, and without a basic description of the hazardous 

material. 
9. MTA transported the above-described hazardous material by air without the proper 

packaging or labeling that would have indicated the hazardous nature of the liquid. 

10. MTA transported by air the above-described hazardous material without the proper 

shipping name, assigned identification number, or the required markings in English. 

11. MTA transported by air the above-described without properly packaging the 

hazardous material in accordance with the Hazardous Material Regulations. 

12. MTA did not make emergency response infonnation, including the emergency 

response telephone number, available for use at all times the hazardous material was 

present. 

HI 

By reason of the above, it appears that MTA violated the following Departnient of Transportafion 

Hazardous Materials Regulations: 

a) 49 CFR §171.2(e) in that MTA transported by air hazardous material that was not 

properly packed, classed, described, marked, labeled and was not in condition for 

shipment as required by the Hazardous Material Regulations. 

b) 49 CFR Part 172.200(a), in that MTA transported hazardous material by air and did 

not properly describe the material on shipping paper. 

c) 49 CFR Part 172.204(a), in that MTA transported hazardous material by air and did 

not properly certify that material in accordance with the regulations. 
d) 49 CFR Part 172.301(a), in that MTA transported hazardous material by air in a nonbulk package and did not properly mark that material in accordance with the 

regulations. 

e) 49 CFR Part 172.400(a), in that MTA transported hazardous material by air and did not 

properly label that materia! in accordance with the regulations; 

f) 49 CFR Part 172.402(c), in that MTA transported by air hazardous material which is 

authorized on cargo aircraft ONLY if the package is labeled as CARGO AIRCRAFT 

ONLY as specified in 49 CFR Part 172.448. 

g) 49 CFR Part 172.600(c)(2), in that MTA transported hazardous material by air and did 

not provide emergency response information in accordance with the regulations; 

h) 49 CFR Part 172.702(a), in that MTA did not ensure that employees involved in the 

handling of hazardous materials were trained in accordance with subpart H of part 172; 

and 

i) 49 CFR Part 173.1(b), in that MTA transported hazardous material by air when that 

material was not prepared in accordance with the regulations. 

IV 

1. Pursuant to 49 U.S.C. §5123, Respondent is subject to a civil penalty of at least $250 ($450 for 

training violations), but not more than $50,000 for each of tlie violations alleged. 

2. Under the facts and circumstances of this case, a civil penalt>' of $35,000 is appropriate. 
WFIEREFORE, the FAA, by counsel, respectfiilly requests that the Administrative Law 

Judge enter an order assessing MTA a civil penalt\' in the amount of $35,000. 

Respectftilly submitted. 

Kate Barber 

Attorney 

Federal Aviation Administration 

2300 East Devon Avenue, AGL-7B 

DesPlaines, Illinois 60018 

847/294-7862 

Fax: 847/294-7498 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, Subpart G, of the 

Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must file a written answer to this 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the 

date shown on the Certificate of Service. A general denial is deemed a failure to file an 

answer (Section 13.209(e)). 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has sent via Ovemight Mail as follows: 

Overnight Mail Mr. Michael L. Dworkin, Esq. 

Michael L. Dworkin and Associates 

465 California Street, Suite 210 

San Francisco, CA 94104 

Ovemight Mail 

(Original & One Copy) 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Wilbur Wright Building, Suite 2W1000 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Date: ll/hjiU)! ^ 

Federal Aviation Admijiistration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

Des Plaines, Illinois 60018 
U.S. DEPARTMENT OF TRANSPORTATION '^ ^ " ^ 

FEDERAL AVIATION ADMINISTRATION ^. Jl|s,4;®||M'B 

OFFICE OF HEARINGS . il'lE.^#^'lr%ll!l\HU 

WASHINGTON, D.C. 

In the Matter of Martinaire Aviation, LLC 

2011-GL-70-0205 

Judge Not Assigned 

NOTICE OF APPEARANCE 

Complainant, Federal Aviation Administration, hereby notifies the United States Department of 

Transportation, Office of Hearings, and the Respondent, pursuant to 14 C.F.R. §l3.204(b), that it shall be 

represented in the above-stated action by the following attorney: 

Kate Rarber 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7B 

DesPlaines, Illinois 60018 

847/294-7109 

Fax: 847/294-7498 

Ail communications, notices, pleadings or documents are respectfully requested to be forwarded as follows: 

Kate Barber 

Federal Aviation Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7B 

DesPlaines, Illinois 60018 

847/294-7862 

Fax: 847/294-7498 

Respectfully submitted, 

Kate Barber 

Attorney 

Da,ed:_A/W^ 
CERTIFICATE OF SERVICE 

I hereby certify that on tliis day copies of the foregoing Notice of Appearance were sent Ovemjght 

Mail as follows: 

Ovemight Mail Mr. Michael L. Dworkin, Esq. 

Michael L. Dworkin and Associates 

465 California Street, Suite 210 

San Francisco, CA 94104 

Ovemight Mail 

(Origmal and one Copy) 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building. Suite 2W1000 

Washington, D.C. 20591 

Date: ihhMr 

YolaiidaQuiles 

Legaf Teclmi c i an 

Federal Aviation .Administration 

Office of Regional Counsel 

2300 East Devon Avenue, AGL-7 

Des Plames, Illinois 60018 
Michael L. Dworkin and Associates 

Law Offices 

VIA FEDEX and FAX 

465 California Streec 

Suire2io Dccembcr 22, 2011 

Hearing Docket Clerk, AGC-430 

San Francisco Federal Aviation Administration 

California 94104 800 Independence Avenue, S.W. 

Wilbur Wright Building, Suite 2W1000 

Washington, D.C. 20591 

FAX: 1-202-493-5142 

(415)421-230 0 

Fax (415)421-256 0 

w\^•\^'. a V i alcx .CO m 

bw@avialex.com 

Re: Martinaire Aviation, LLC 

FAA Case No.20n-GL-70-0205 

Dear Ladies and Gentlemen: 

Pursuant to the Final Notice of Proposed Civil Penalty issued by the FAA's 

Regional Counsel, Great Lakes Region, on December 19, 2011, a copy of u'hich is 

attached as Attacliment "A", and Section 13.16 of the Federal Aviation Regulations 

(14 C.F.R. Section 13.16), this shall constitute Martinaire Aviation, LLC's request for 

hearing in the above-referenced matter. We request that this matter be docketed for 

hearing in Detroit, Michigan after completion of reasonable discovery. 

It is requested that we be furnished with not less than ninet}' (90) days advance 

notice of hearing. 

Very tculv yoursK - - -, 

(iS^ichael L. Dwockin ^ 

end osure 

ccs: Martinaire Aviation, LLC 

Kate Barber, Esq., FAA AGL-7 (via FAX [1-847-294-7498] and email) 
12/22/2311 15:2& 5723^95754 MARTINAIRE PAGE 02 

& 

jJ|EeMJ¥B||^ 

DEC 2 2 2011 

Orcfli Ukcs RcRicn 

2300 E.Tst l3cvon Avenue 

DCS Plflijics. Illinois 6f)015 

U.S- Dcparimcnr. 

of Transponation 

Federal Avjnlion 

Admtnistrniion 

December 19,2011 

In i-eply 

Refer to: AGL-7B 

2011-01-70-^0205 

REGULAR AND CERTIFIED MAIL - RETTIRN RECEIPT REQUESTED 

Mr. Alan Rusinowit^ 

Vice President 

Martinaire Aviation, LLC 

4553 Glenn Curtis Drive 

Addison, Texas 75001 

FEVAL NOTICE OF PROPOSED CtVBL PENALTY 

You wem advised througli a Notice of Proposed Civil Penalty, dated July 1,2010. that tlie FAA 

pTOposed to assess a civil penally in the amount oF$l 68,000. Alter considering all the evidence in this 

matter, it appears that: 

1. On. or about May J1,2011, Martinaire Aviation, LLC (N41'A) transported by air a one 

gallon of Purple Power Itidustrial Strength Cleaner/Degreaser, ahaxardous material. 

2. The abovendescribed cleaning liquid was transported in aircraft N9505B fioni. Cadillac, 

MI (CAD) to Ludington, MI (LDM) and then to Capital City Aiiport (LAN) in Lansiiig, 

MI» wlieps it was discovered by a FAA Special Agent (SA) during an inspectioii of MTA's 

compliance with hazardous material transportation laws. 

3. In the course of the investigation, an FAA special agent discovered that on or 

about May 11, 2011, a MTA employee unlawfully transported hazardous material 

by air and therefore MT9A had not met its employee hazardous material training 

requirements. 

4. The material within the shipment is classified as hazardous materials under Section 

1.72,101 ofthe Hazardous Materials Regulations. Tlie proper shipping name for 

Purple Power Industrial Strength Cleaner/Degreaser is UN 1760, Corrosive Liquid N.O.S., 

Class 8j Packing Group n. 

5. This hazandous material shipment was not declared, described, packaged, marked or labeled 

as containing hazardous materials or in the proper condition for transport according to the 

Hazardous Material Regulations. 

6. The shipment was not labeled CARCiO AIRCRAFT ONLY. 
12/22/2011 15:26 9723495754 MARTINAIRE PAGE 03 

7. At all times mentioned herein, the shipment was not accompanied by a Shipper's 

Declaration for Dangerous Goods. 

8. MTA transported the liazardous material above-described by air without shipping 

papers containing the proper shipping name, without delineating the hazard dags, 

without the prefix "UN" or "NA," as applicable; without the total quantity by 

weight or volume of hazardous materiaJ, and without a basic description ofthe 

hazardous material. 

9. MTA transported the above-described hazardous materiaJ by air without the proper 

packaging or labeling that would have indicated the ha:?,ardous nature ofthe liquid. 

10. MTA transported by air the above-described hazardous material without the proper 

shipping name, assigned identification number, or the required markings in 

English. 

1.1. MTA transported by air the above-described without properly packaging the 

hazardous material in accordance witii the Hazardous Material Regulations. 

12. MTA did not malce emergency response information, including the emergency 

response telephone number, available for use at all times llie hazardous material 

was present. 

By reason ofthe above, it appears that MTA violated the following Department of 

Transportation Ha;?ardous Materials Regulations: 

a) 49 CFR §171.2(e) in that MTA transported by air hazardous material that was not 

properly packed, classed, described, marked, labeled and was not in condition for 

shipment as required by the Hazardous Material Regulations. 

b) 49 CFR Part 172.200(a), in that MTA transported hazardous material, by air and did 

not properly describe the material on shipping paper. 

c) 49 CFR Pait 172.204(a), in that MTA transported hazardous material by air and did 

not properly certify that material in accordance with the regulations. 

d) 49 CFR part 172.301(a), in tliat MTA transported hazardous material by air in a 

non^bulk package and did not properly mark that material in accordance with the 

regulations, 

c) 49 CFR Part 172.400(a), in Uiat MTA transported hazardous material by air and did 

not properly label that material in accordance with the regulations; 

0 49 CFR Part 172.402(c), in that MTA transported by air hazardous material which is 

authorized on cargo aircraft ONLY if the package is labeled as CARGO 

AIRCRAFT ONLY as specified in 49 CFR Part 172.44S. 

g) 49 CFR Part 172.600(c)(2). in that MTA transported hazai'dous material by air and 

did not provide emergency response information in accordance with the 

regularions; 
-r2/22/2011 15:2B 9723495754 MARTINAIRE PAGE 04 

h) 49 CFR Part. 172.702(a), in that MTA did not ensure that employees involved in the 

handling of hazardous materials were trained in accordance with subpart H of part 

172;and 

i) 49 CFR Part 173.1 (b), in that MTA transported hazardous material by air when that 

material was not prepared in accordance with the regulations. 

In accordance with Section 5123(a) of Chapter 51, Title 49 ofthe United States Code 

(Transportation), (49 U.S.C,§ 5t23(a)), MTA is liable for a civil penalty of not less than $250, 

nor greater than $50,000 (or $100,000 for violations resulting in death, serious illness, or 

severe injury to any person, or substantial destmction of property), for each violation ofthe 

regulations. After reviewing our investigative file and taking into consideration the coirective 

actions taken and the information presented at the informal conference, we propose to issue an 

order assessing a civil penalty in the amount of $35,000 for these violations. 

Within fifteen (15) days after your receipt of this Final Notice of Proposed Civil Penalty, 

MTA must elect to cither submit the full civil penalty amount of $35,000.00 or request a 

formal hearing. If MTA fails to respond with one of these alternatives, an Order Assessing 

Civil Penalty, requiring payment ofthe full amount ofthe proposed civil penalty, will be 

issued. 

Should MTA elect to subinit the civil penalty, please mail or deliver a certified check or 

money order, payable to the Federal Aviation Administration, to the Federal Aviation 

Administration, Office of Regional Counsel, 2300 East Devon Avenue (AGL-7. Room 479), 

Des Plaines, Illinois 60018. Please include, on the certified check or money order, the FAA 

case number 2009-GL-70-0314. 

In the alternative, MTA may pay its civil penalty witli a credit card, or a bank account debit, 

over the Internet. To pay electronically, visit the web site at hitps://www.pav.Gov. Under the 

Search Public Forms option, type in "FGL-FINEI.'' Click on "Civil Penalty Payments -

Great Lakes Region". You must then complete the requested information and click 

"Continue." You will then be directed to. enter your credit card or bank account debit 

information. To use the bank account debit, you will need your bank routing nmnber, account 

number, and check number. 

Should MTA elect to request a formal hearing, MTA must file a typewritten or legibly 

handwritten request for hearing with the hearing docket clerk at: FTearing Docket, Federal 

Aviation Administration, 800 Independence Avenue, S,W., Washington, DC 20591, 

Aiteniion: Hearing Docket Clerk, AGC-430, Wilber Wright Building - Suite 2W1000. DPC 

must also mail a copy of a request for hearing to the undersigned attorney at the address 

provided in the previous paragraph. MTA's request must be dated and signed, in accordance 

with Section 13.16 ofthe Federal Aviation Regulations (14 C.F.R. 13.16), a copy of which 

was sent to you with the Notice of Proposed Civil Penalty. 

Jeffrey A. Klang 

Regional Counsel 

By: \f\AKate Barber 

Attorney 

• 3