UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION WASillNGTON D.C.

.T. Randolph Babbitt, Administrator Federal Aviation Administration Complainant v. Sea Hawk Air, Inc. Respondent ) ) ) ) ) ) ) ) ) ) FAA Report No. 2011 M730060 

# RECEIVED NOV 

## 25 2014 

## HEARING DOCKET

REQUEST FORHEARING: Sea Hawk Air, Inc., Respondent, by its undersigned counsel, pursuant to Section 13.16 of the Federal Aviation Regulations (14 C.F.R. §13.16), hereby requests a hearing regarding the Administrator's Final Notice ofProposed Civil Penalty, FAA Report No. 2011NM030060, dated November 4, 2014 and received in this office on Monday, November 10,2014, proposing to
assess a civil penalty in the total amount of$36,000. Respondent denies the violations alleged and assessment proposed in the Administrator's Notice and prays that it be reversed and abated. Respectfully submitted,

THE LAW OFFICE OF .TOliN 

### L. WRIGHT, PC

John L. Wright 11705 Airport Way, Suite 307 Broomfield, Colorado 80021 Telephone: (303) 747-4000 Facsimile: (303) 7 47-4001CERTIFICATE OF SERVICE 1hereby certify that I have this date mailed, by USPS Priority Mail Express service, an original and three copies ofthe foregoing Request for Hearing addressed to: Federal Aviation Administration Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Room 2W1000 800 Independence Ave. S.W. Washington, DC 20591 And, further, that Thave this date faxed, electronically mailed and mailed, by USPS Priority Mail Express service, a copy ofthe foregoing Request for Hearing addressed to:
Mr. Craig Wm. Black 222 West Seventh Avenue #14 Anchorage, Alaska 99513-7587 (907) 271-2800 Craig. Black@fcw.gov

Dated: November 24, 2014 L. Wright 11705 Airport Way, Suite 307 Broomfield, Colorado 80021 Telephone: (303) 747-4000 Facsimile: (303) 747-4001U.S, Department ofTransportation
Federal Aviation Administration Alaskan Region Office ofthe Regional Counsel
222 West Seventh Avenue #14 Anchorage, Alaska 99513-7587 (907) 271-3570 voice (907) 271-2800 fax craig.black@faa.gov email

November 4, 2014
VIA BOTH FIRST CLASS MAlL, POSTAGEPREPAID & CERTIFIED MAIL, RETURN RECEIPT REQUESTED
SeaHawkAir, Inc. c/o Joh.11 L. Wright The Law Office ofJolm 

### L Wright, P.C, 11705 AirportWay, Suite 307 Broomfield, CO 80021
RE: SeaHawkAir, Inc. ReportNo, 2011NM730060 

# RECEIVED NOV 2 5 2014 

## HEARING DOCKET

FINAL NOTICE OF PROPOSED CIVIL PENALTY
OnAprill6, 2013, we served a Notice ofProposed Civil Penalty on SeaHawkAir, Inc. ("Sea Hawk"), Following discussions with SeaHawk's attorney Jolm

### L Wright, onMay 31,2013 we providedMr. Wright with a copy ofthe discoverable portion ofour investigative file and acknowledged SeaHawk's request for a telephonic informal conference. Because Mr. Wright was tending to a personal matter, we did notpress our request for Mr. Wright to contact us to schedule the conference.
OnApril 15, 2014, we wrote to Mr. Wright and scheduled the informal conference for May 19 at 9:00A Alaskatime. However, on May 16, Mr. Wright wrote us and asked us for the conference to be rescheduled for the week ofMay 26. We cancelled the May 19 conference, but the conference was notrescheduled.
On September 19, we wrote to Mr. Wright and scheduled the informal conference for October 8 at 9:00AAlaskatime. No objection was made. Atthe appointed time, we telephoned Mr.**-------'Wftght~re-and** were**to~eared** to be a 

### member-ofhis-staff-t-Mic.-------j Wright was not available, but that I could leave a voice mail message. I left a message asking Mr. Wright to contact me immediately. To date, we have heard nothing. We therefore proceedto issue this Final Notice.
After considering all the evidence in this matter, it appears that: 1. On or aboutApril22, 2011, SeaHawkAir, Inc. offered to Alaska Airlines an eight-piece cargo shipment for air transport from Kodiak, Alaskato Anchorage, Alaska ("the shipment").Sea Hawk Air, Inc. November 4, 2014 Report No. 2011NM730060
2. The Air Waybill, which an employee or other agent ofSeaHawk apparently named Kiowa Oliver signed to accompany the shipment, no. 027-7217 1923 ("the waybill"), described the nature ofthe shipment as "HUNTING GEAR" and listed the dimensions of the eight pieces. 3. In offering the shipment, Sea Hawk's employee or other agent initialed the portion ofthe 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 ofPederal ammunition ("the ammunition") and one box ofPederal primers ("the primers") (collectively "the items"). 5. The items are classified as hazardous materials under§ 172.101 ofthe United States Department ofTransportation Hazardous Materials Regulations (HMR), 49 C.P.R. Chapter I, Subchapter C (Parts 171-80). 6. The ammunition's proper shipping name is "Cartridges, Small Arms". Itis inhazard class 1.4S and packing group II, and has an assigned identificationnumber ofUN0012. 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. Sea Hawk offeredthe shipment for transportation by air withoutproperly providing in the shipping paper any ofthe following: a description ofthe items; an emergency response telephone number; the assigned identificationnumber, proper shipping name, or hazard class for the items; the total net mass ofthe items perpackage; a statement indicating that the shipment is within the limitationsprescribed for eitherpassenger and cargo aircraft or cargo aircraft only; the shipper's certificationrequired bythe HMRs; or two copies ofthe shipper's certification. 9. Sea Hawk offeredthe shipment for transportation in a non-bulk packaging without marking the package with the proper shipping name and identification number for the items. 10. SeaHawk offered the shipment for transportation without labeling the package as specified inthe HMRs. 11. Sea Hawk offered the shipment for transportation without providing an emergency response telephone numberthat was monitored at all times the shipment was in transportationby a personwho was either knowledgeable ofappropriate emergency response and incident mitigation information for the items or had immediate access to such a person. By reason ofthe foregoing, SeaHawk violated the following HMRs: (a) Section 171.2(e), in that Sea Hawk offered a hazardous material for transportation in commerce without properly classing, describing, packaging, marking, labeling, or otherwise placing the hazardous material in conditionfor shipment as required or authorized by the applicable requirements ofthe HMRs or an exemption or special permit, approval, or registration issued under either the HMRs or 49 C.P.R. ChapterI, Subchapter A;

-2-Sea Hawk Air, Inc. November 4, 2014 Report No. 2011NM730060 (b) Section 172.200(a), inthat SeaHawk offered a hazardous material for transportation without describing the hazardous material onthe shippingpaper inthe manner required by subpart C ofthe HMRs; (c) Section 172.301(a), inthat Sea Hawk offered a hazardous material for transportation in a non-bulk packaging without marking the package with the proper shipping name and identificationnumber for the hazardous material; (d) Section 172.400(a), inthat Sea Hawk offered a hazardous material for transportation in a non-bulk packaging without labeling the package as specified inthe HMRs; and (e) Section 172.604(a), inthat Sea Hawk offered a hazardous material for transportation without providing anemergency response telephone number that was monitored at all times the shipment was in transportation by a person who was eitherknowledgeable of appropriate emergencyresponse and incident mitigation information for the items or had immediate access to such a person Under 49 U.S.C. §5123, SeaHawkis subject to a maximum civilpenalty inthe amount of $50,000 for each ofthe violations cited. We propose to assess a civil penalty for all ofthe violations noted in the total amount of$36,000.00.
Unless Sea Hawk mails orpersonally delivers a request for a hearing, in writing, in this matter on orbefore 15 days after it receives this Final Notice, we will issue an Order Assessing Civil Penalty, and Sea Hawkwill have no further right to a hearing. IfSea Hawk does not submit a written request for a hearing, itmust pay the proposed civil penalty.
IfSeaHawk seeks a hearing, it must send its hearing request inwriting to boththis office atthe above address and to: Federal Aviation Administration Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Room2W1000 800 Independence Ave., S.W. Washington, DC 20591 Such a request mustbe dated and signed per § 13.16 ofthe Federal Aviation Regulations (14 C.F.R. § 13.16), which was sent to Sea Hawk with the proposed notice.
IfSeaHawk does not seek a hearing, it may conclude this matterby delivering a check ormone order for the intended amount, payable to the Federal Aviation Administration, to: Federal Aviation Administration ATTN: Accounts Receivable Branch, AMK.-322 P.O. Box25770 Oklahoma City, OK 73125-4915 IfSeaHawk pays by check or money order, please indicate the report number from above on the face ofthe check or money order.

-3-Sea HawkAir, Inc. November 4, 2014 ReportNo. 2011NM730060
Inthe alternative, Sea Hawkmaypay electronically overthe internet from a bank account or with a credit card. To pay electronically, visit tinyurl.com/5zuw9d and follow directions to use form FAL-FINEl to make the paymentto the FAAAlaskan Region. Enter the report number in the "Civil Penalties Case Number" field and SeaHawk's formal name in the "Name on Invoice/Civil Penalty Letter" field. IfSea Hawkpays electronically, please enter craig.black@faa.gov in the "cc" field, and notify us atthe contact information above so that this matter maybe quickly resolved.
Please continue to direct all communication concerning this matter to us atthe address appearing above.
HOWARD L. MARTIN, JR Regional Counsel

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on

## ~H 

# -)1 ,2014 I served a copy ofthe foregoing on the recipient listed above viathe m'e'aris indicated.

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