U. S. Department 

of Transportation 

Federal Aviation 

Administration 

DEC- S 2014 

Alaskan Region 

Office of the Regional Counsel 

CERTIFIED MAIL-RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2Wl000 

Re: In tbe Matter of Sea Hawk Air, Inc. 

Case No. 2011NM730060 

Dear Sir or Madam: 

222 W. 7th Avenue #14 

Anchorage, Alaska 99513 

Phone: (907) 271-3570 

Fax: (907) 271-2800 

Email: craig.black@faa.gov 

RECEIVED 

DEC 1 6 2014 

HEARING DOCKET 

We have received notification that Sea Hawk Air, Inc., requested a hearing in the above-referenced case. 

Enclosed are the original and one copy of the Complaint in tbe above-referenced proceeding as required 

by§ 13.208(a) of the Rules ofpractice in FAA Civil Penalty Actions, 14 C.F.R. Part 13, Subpart G. By 

copy of this letter, the Complaint is being served on Respondent as required by§ 13.208(b). 

The FAA requests that the hearing in this matter be held in Anchorage, Alaska, and expects that the 

hearing will last one day. 

Please address all communications for the FAA to Howard L. Martin, Jr., Regional Counsel, Federal 

Aviation Administration, Office of tbe Regional Counsel, AAL-7, 222 West 7th Avenue, Box 14, 

Anchorage, Alaska 99513-7587. 

HOWARD L. MARTIN, JR. 

Regional Counsel 

By: 

Enclosures 

cc: John L. Wright, Esq. 

(with copy of FAR 13.16 and Subpart G of Part 13) 
In the Matter of: 

Sea Hawk Air, Inc. 

Judge Not Assigned 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

RECEIVED 

DEC 1 6 2014 

HEARING DOCKET 

FAA Docket No. Unassigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

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

I. 

On Aprill6, 2013, Respondent was advised through a Notice of Proposed Civil Penalty 

that the FAA proposed to assess a civil penalty in the amount of $36,000. On November 4, 

2014,a Final Notice of Proposed Civil Penalty in the amount of$36,000 was issued. On 

November 24, 2014, Respondent submitted a written request for a hearing. 

II. 

1. On or about Apri122, 2011, Respondent offered to Alaska Airlines an eight-piece cargo 

shipment for air transport from Kodiak, Alaska to Anchorage, Alaska ("the shipment"). 

2. The Air Waybill, which an employee or other agent of Respondent apparently named 

Kiowa Oliver signed to accompany the shipment, no. 027-7217 1923 ("the waybill"), 
described the nature of the shipment as "HUNTING GEAR" and listed the dimensions of the 

eight pieces. 

3. In offering the shipment, Respondent's employee or other agent initialed the portion of the 

waybill that reads "THIS SHIPMENT DOES NOT CONTAIN DANGEROUS GOODS", 

thereby representing that the shipment did not contain dangerous goods. 

4. The shipment included ten rounds of Federal ammunition ("the ammunition") and one box 

of Federal primers ("the primers") (collectively "the items"). 

5. The items are classified as hazardous materials under § 172.101 of the United States 

Department of Transportation Hazardous Materials Regulations (HMR), 49 C.F.R Chapter I, 

Subchapter C (Parts 171.80). 

6. The ammunition's proper shipping name is "Cartridges, Small Arms." It is in hazardous 

class 1.4S and packing group II, and has an assigned identification number ofUN0044. 

7. The primers' proper shipping name is "Primers, cap type." They are in hazard class 1.4S 

and packing group II and have an assigned identification number ofUN0044. 

8. Respondent offered the shipment for transportation by air without properly providing in 

the shipping paper any of the following: a description of the items; an emergency response 

telephone number; the assigned identification munber, proper shipping name, or hazard class 

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for the items; the total net mass of the items per package; a statement indicating that the 

shipment is within the limitations prescribed for either passenger and cargo aircraft or cargo 

aircraft only; the shipper's certification required by the HMRs; or two copies of the shipper's 

certification. 

9. Respondent offered the shipment for transportation in a non-bulk packaging without 

marking the package with the proper shipping name and identification for the items. 

10. Respondent offered the shipment for transportation without labeling the package as 

specified in the HMRs. 

11. Respondent offered the shipment for transportation without providing an emergency 

response telephone number that was monitored at all t:mes the shipment was in transportation 

by a person who was either knowledgeable of appropriate emergency response and incident 

mitigation information for the items or had immediate access to such a person. 

III. 

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

Department of Transportation Hazardous Materials Regulations: 

(a) Section 171.2(e) in that Respondent offered a hazardous material for 

transportation in commerce without properly classing, describing, packaging, marking, 

labeling, or otherwise placing the hazardous material in condition for shipment as 

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required or authorized by the applicable requirements of the HMRs or an exemption or 

special permit, approval, or registration issued under either the HMRs or 49 C.P.R. 

Chapter I, Subchapter A; 

(b) Section 172.200(a) in that Respondent offered hazardous material for 

transportation without describing the hazardous material on the shipping paper in the 

manner required by subpart C ofthe HMRs; 

(c) Section 172.301 (a) in that Respondent offered a hazardous material for 

transportation in a non-bulk packaging without marking the package with the proper 

shipping name and identification number for the hazardous material; 

(d) Section 172.400(a) in that Respondent offered a hazardous material 

for transportation in a non-bulk packaging without labeling the package as specified in 

the HMRs; and 

(e) Section 172.604(a) in that Respondent offered a hazardous material for 

transportation without providing an emergency response telephone number that was 

monitored at all times the shipment was in transportation by a person who was either 

knowledgeable of appropriate emergency response and incident mitigation information 

for the items or has irumediate access to such a person. 

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IV. 

1. Under 49 U.S.C. § 5123(a)(l) and 14 C.P.R.§ 13.305(d), Respondent is liable for a civil 

penalty of at least $250 ($450 for training violations) but not more than $50,000 (or 

$100,000 for violations resulting in death, serious illness, or severe injury to any person, or 

substantial destruction of property) for each violation of the HMR. 

2. Under the facts and circumstances ofthis case, a civil penalty of $36,000 is appropriate. 

WHEREFORE, the Federal Aviation Administration, by counsel, respectfully requests 

that the administrative law judge enter an order that Respondent be assessed a civil penalty in the 

amount of$36,000. 

RESPECTFULLY SUBMITTED this 'tS -f:.b_day of December 2014. 

5 

HOWARD L. MARTIN, JR. 

Regional Counsel 

By: 
CERTIFICATE OF SERVICE 

Re: Sea Hawk Air, Inc. 

Case No. 2011NM730060 

FAA Docket No. To Be Assigned 

I hereby certifY that on this date I served a copy of the FAA's Complaint and a copy of the 

foregoing letter by sending them by postage-prepaid, certified mail, return receipt requested, 

addressed as follows: 

Sea Hawk Air, Inc. 

c/o John L. Wright 

The Law Office of John L. Wright, P.C. 

11705 Airport Way, Suite 307 

Broomfield, CO 80021 

I further certifY that on this date I have s<:rved the original ofthe foregoing letter and the original 

and one copy of the FAA's Complaint by postage-prepaid, certified mail, return receipt 

requested, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

Office of the Regional Couns 

222 West 7th Avenue #14 

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Date I