<d 

U.S. Department Eastern Region 1 Aviation Plaza 

of Transportation Regional Counsel Jamaica, NY 11434 

Telephone: 718 553-3267 

Federal Aviation Facsimile: 718 995-5699 

Administration ,-0 

SE^ 2 2010 j ^ ^ 

CERTIFIED MAIL - RETURN RECEIPT REQUESTWg'/'^ ^ ^ 

Federal Aviation Administration ^ ^-^C^ / l/^T'fV> 

800 Independence Avenue, S.W. ^ ** ^ S^CT 

Washington, D.C. 20591 ^^^ 9 2010 -^ —•-

Attn: Hearing Docket Clerk, AGC-430 i, ^ S 9§ ^ 

Wilbur Wright Building - Room 2014 ^^^Bl^Q CD CO 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter of Brendan Airways LLC Qy9\Q^9ibOO9 

Docket No. 2009EA700361 I r- ^,^ / 

R ^ cycler 078:^ 

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

the FAA's Complaint in the above-entitled action for filing, together with proof of service 

upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Washington DC area, and 

expects that the hearing will last one day. 

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

of Jeanine Gotimer, Office of the Regional Counsel, 1 Aviation Plaza Jamaica, NY 11434. 

Sincerely, 

Alfi-ed R. Johnson, Jr. 

Regional Counsel 

By: r(\);H.vVOp.rldl,Yl.L \^( 

-•\Cf JeaninefGotimer 

Attorney 

Enclosures 

cc: AEA-700 
BEFORE THE UNITED STATES DEPARTMENT OF TRANSPORTATION 

IN THE MATTER OF 

BRENDAN AIRWAYS, LLC, 

Respondent. 

FAA Investigation No.: 2009EA700361 

FAA Docket No.: unassigned 

DMS No. FAA-2010-unassigned 

RESPONDENTS' REQUEST FOR 

HEARING 

Judge Not Yet Assigned 

Brendan Airways, LLC d/b/a USA 3000 respectfully requests a hearing in 

response to the Final Notice of Proposed Civil Penalty in the above-captioned matter. 

RESPECTFULLY SUBMITTED this 20th day of August, 2010. 

WASHINGTON AVL\TION GROUP, PC AND THE 

LAW OFFICES OF JASON A DICKSTEIN 

By_ 

Jason Dickstein 

Washington Aviation Group, PC and the 

Law Offices of Jason A. Dickstein 

2233 Wisconsin Avenue, NW, Ste 503 

Washington, DC 20007 

Tel: (202) 628-6776 

Attorney for Respondent Brendan Airways, LLC d/b/a USA 3000 

Matter of Brendan Airways, LLC 

Request for Hearing 

Washington Aviation Group, PC 

2233 Wisconsin Avenue, Ste S03 

Washington, DC 20007 

(202) 628-6777 
CERTIFICATE OF SERVICE 

RE: In the Matter of Brendan Airways. LLC (Final Notice of proposed Civil Penalty 

dated August 5,2010, FAA Docket Number Not Yet Assigned). 

The undersigned hereby certifies that he caused the attached REQUEST FOR HEARING 

to be filed, at the following location, by Fedex Overnight Service, on the date indicated 

below: 

Hearing Docket 

Federal Aviation Administration 

600 Independence Avenue, SW. 

Wilbur Wright Building - Room 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

And served on the persons at the addresses listed below by Fedex Overnight Service, on 

the date indicated below. 

Mary Madeline McCarthy, Deputy Regional Counsel 

Federal Aviation Administration 

Office of the Regional Counsel 

Eastern Region 

1 Aviation Plaza 

Room 561 

Jamaica, NY 11434 

TEL: (718) 553-3267 

FAX: (718) 995-5699 

'^Jr^.-^ g/e^/iX) 

Doug Nehm Date 

Matter of Brendan Airways, LLC Washington Aviation Group, PC 

Certificate of Service 2233 Wisconsin Avenue, Ste 503 

Washington, DC 20007 

(202) 628-6777 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Brendan Airways LLC 

2009EA700361 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), 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 

Respondent, Brendan Airways LLC, was advised through a Final Notice of Proposed Civil 

Penalty that the FAA proposed to assess a civil penalty in the amount of $16,200. On 

August 23, 2010, Respondent submitted a written demand for a hearing. 

II 

1. Brendan Airways LLC (hereinafter, "Brendan Airways") is the holder of Air 

Carrier Certificate No. U30A762J. 

2. At all times relevant herein, Brendan Airways is a hazmat employer defined by 49 

C.F.R. §171.8. 

3. At all times mentioned herein, a hazmat employee means a person who is 

employed by a hazmat employer and who in the course of employment directly 

affects hazardous materials transportation safety pursuant to 49 C.F.R. §171.8. 

4. At all times mentioned herein, the Department of Transportation Hazardous 

Materials Regulafions (HMR) (49 C.F.R. Parts 171-177) required Brendan 

Airways, as a hazmat employer, to ensure that each of its hazmat employees was 
trained in accordance with the requirements of the HMR, was tested by appropriate 

means on the training subjects covered in Section 172.704 (49 C.F.R. Section 

172.704), and was precluded from performing any fiinction subject to the 

requirements of the HMR without first being instructed in the requirements of the 

HMR that apply to that function. 

5. At all times herein, Brendan Airways, contracted with ASIG, to provide employees 

to perform ground handling duties for Brendan Airways at Baltimore Washington 

International Airport (BWI), MD. 

6. At all times herein, ASIG employees Tecarez Cook, Clayne Currle, and Lowell 

Thomgard performed ground handing duties for Brendan Airways at BWI. 

7. Brendan Airways did not ensure that Tecarez Cook, Clayne Currle, and Lowell 

Thomgard had current and documented hazardous materials training as required by 

applicable DOT HMR. 

8. Brendan Airways did not ensure that Tecarez Cook, Clayne Currle, and Lowell 

Thomgard had been tested by appropriate means on the training subjects covered in 

§172.704. 

9. Brendan Airways did not ensure that Tecarez Cook, Clayne Currle, and Lowell 

Thomgard had been provided general awareness/familiarization training designed to 

provide familiarity with the requirements of this subchapter, and to enable the 

employee to recognize and identify hazardous materials consistent with the hazard 

communication standards of the DOT HMR. 

10. Brendan Airways did not create and maintain a record of current training, inclusive 

of the preceding three years, in accordance with the applicable sections of the DOT 

HMR, nor did Brendan Airways ensure that such record is retained for as long as 

that employee and for 90 days thereafter. The record shall include: (1) the hazmat 

employee's name; (2) the most recent training completion date of the hazmat 

employee's training; (3) a description, copy, or the location of the training materials 

used to meet the requirements in paragraph (a) of this section; (4) the name and 

address of the person providing the training; and (5) certification that the hazmat 

employee has been trained and tested, as required by 
Ill 

By reason of the foregoing facts and circumstances, Respondent violated the following 

section(s) of the Department of Transportation Hazardous Materials Regulations: 

a. Section 172.702(a), which states that a hazmat employer shall ensure that 

each of its hazmat employees is trained in accordance with the requirements 

prescribed in this subpart. 

b. Section 172.702(b), which states that a hazmat employee who performs any 

fimction subject to the requirements of this subchapter may not perform that 

fiinction unless trained in accordance with the requirements prescribed in this 

subpart. It is the duty of each hazmat employer to comply with the applicable 

requirements of this subchapter and to thoroughly instmct each hazmat 

employee in relation thereto. 

c. Section 172.702(d), which states that a hazmat employer shall ensure that 

each of its hazmat employees is tested by appropriate means on the training 

subjects covered in §172.704. 
d. Section 172.704(a)(1), which states that hazmat employee training shall 

include the following: Each hazmat employee shall be provided general 

awareness/familiarization training designed to provide familiarity with the 

requirements of this subchapter, and to enable the employee to recognize and 

identify hazardous materials consistent with the hazard communication 

standards of this subchapter. 

e. Section 172.704(d), which states that a record of current training, inclusive of 

the preceding three years, in accordance with this section shall be created and 

retained by each hazmat employer for as long as that employee is employed 

by that employer as a hazmat employee and for 90 days thereafter. The 

record shall include: (1) the hazmat employee's name; (2) the most recent 

training completion date of the hazmat employee's training; (3) a description, 

copy, or the location of the training materials used to meet the requirements in 

paragraph (a) of this section; (4) the name and address of the person 

providing the training; and (5) certification that the hazmat employee has 

been trained and tested, as required by this subpart. 

IV 
1. Pursuant to 49 U.S.C. §5123(a) of Chapter 51, Titie 49 of tiie United States Code of 

Transportation, 49 U.S.C.§5123 Respondent is liable for a civil penalty of not less than 

$250 ($450 for training violations), nor greater than $50,000 ($100,000 if death, serious 

illness, severe injury, or substantial property damage results), for each of the violations 

alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $16,200 is appropriate. 

WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the amount of 

$16,200. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

^j( Jeaninel^otimer 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3267 

718 995-5699 
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 been placed this date in the United States 

mail, postage prepaid, by Certified Mail - Return Receipt Requested addressed as follows: 

Jason Dickstein 

Washington Aviation Group, PC 

2233 Wisconsin Avenue, NW, Ste 503 

Washington, DC 20007 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

Date: 

SEP 2 2010 

hi^Aj, ^ 0(^..-vt>ia-i^ JL^U. ^ 

Marianna Perero 

Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434