UNITED STATES OF AMERICA 

FEDERAL AVIATION ADMINISTRATION 

W ASillNGTON D.C. 

.T. Randolph Babbitt, Administrator 

Federal Aviation Administration 

Complainant 

v. 

Sea Hawk Air, Inc. 

Respondent 

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FAA Report No. 2011 M730060 

RECEIVED 

NOV 2 5 2014 

HEARING DOCKET 

REQUEST FOR HEARING: 

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 of Proposed 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 4 7-4001 
CERTIFICATE OF SERVICE 

1 hereby certify that I have this date mailed, by USPS Priority Mail Express service, an 

original and three copies of the 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 T have this date faxed, electronically mailed and mailed, by USPS Priority Mail 

Express service, a copy of the 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) 747-4001 
U.S, Department 

of Transportation 

Federal Aviation 

Administration 

Alaskan Region 

Office of the 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, POSTAGE PREPAID 

& CERTIFIED MAIL, RETURN RECEIPT REQUESTED 

Sea Hawk Air, Inc. 

c/o Joh.11 L. Wright 

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

11705 Airport Way, Suite 307 

Broomfield, CO 80021 

RE: Sea Hawk Air, Inc. 

Report No, 2011NM730060 

RECEIVED 

NOV 2 5 2014 

HEARING DOCKET 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

On Aprill6, 2013, we served a Notice of Proposed Civil Penalty on Sea Hawk Air, Inc. ("Sea 

Hawk"), Following discussions with Sea Hawk's attorney Jolm L Wright, on May 31,2013 we 

provided Mr. Wright with a copy of the discoverable portion of our investigative file and 

acknowledged Sea Hawk's request for a telephonic informal conference. Because Mr. Wright 

was tending to a personal matter, we did not press our request for Mr. Wright to contact us to 

schedule the conference. 

On April 15, 2014, we wrote to Mr. Wright and scheduled the informal conference for May 19 at 

9:00A Alaska time. However, on May 16, Mr. Wright wrote us and asked us for the conference 

to be rescheduled for the week of May 26. We cancelled the May 19 conference, but the 

conference was not rescheduled. 

On September 19, we wrote to Mr. Wright and scheduled the informal conference for October 8 

at 9:00A Alaska time. No objection was made. At the 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 proceed to 

issue this Final Notice. 

After considering all the evidence in this matter, it appears that: 

1. On or about April22, 2011, Sea Hawk Air, Inc. offered to Alaska Airlines an eight-piece 

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

shipment"). 
Sea Hawk Air, Inc. November 4, 2014 

Report No. 2011NM730060 

2. The Air Waybill, which an employee or other agent of Sea Hawk 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, Sea Hawk'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 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 of the United States 

Department of Transportation 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". It is in hazard 

class 1.4S and packing group II, and has an assigned identification number 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 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 number, proper shipping name, or hazard 

class 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. Sea Hawk offered the shipment for transportation in a non-bulk packaging without 

marking the package with the proper shipping name and identification number for the 

items. 

10. Sea Hawk offered the shipment for transportation without labeling the package as 

specified in the HMRs. 

11. Sea Hawk offered the shipment 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 had immediate access to 

such a person. 

By reason of the foregoing, Sea Hawk 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 condition for shipment as 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; 

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Sea Hawk Air, Inc. November 4, 2014 

Report No. 2011NM730060 

(b) Section 172.200(a), in that Sea Hawk offered a hazardous material for transportation 

without describing the hazardous material on the shipping paper in the manner required 

by subpart C of the HMRs; 

(c) Section 172.301(a), in that Sea Hawk 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 Sea Hawk 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 Sea Hawk 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 had 

immediate access to such a person 

Under 49 U.S.C. §5123, Sea Hawk is subject to a maximum civil penalty in the amount of 

$50,000 for each of the violations cited. We propose to assess a civil penalty for all of the 

violations noted in the total amount of $36,000.00. 

Unless Sea Hawk mails or personally delivers a request for a hearing, in writing, in this matter 

on or before 15 days after it receives this Final Notice, we will issue an Order Assessing Civil 

Penalty, and Sea Hawk will have no further right to a hearing. If Sea Hawk does not submit a 

written request for a hearing, it must pay the proposed civil penalty. 

If Sea Hawk seeks a hearing, it must send its hearing request in writing to both this office at the 

above address and to: 

Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Room 2W1 000 

800 Independence Ave., S.W. 

Washington, DC 20591 

Such a request must be dated and signed per § 13.16 of the Federal Aviation Regulations ( 14 

C.F .R. § 13 .16), which was sent to Sea Hawk with the proposed notice. 

If Sea Hawk does not seek a hearing, it may conclude this matter by delivering a check or mone 

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 

If Sea Hawk pays by check or money order, please indicate the report number from above on the 

face of the check or money order. 

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Sea Hawk Air, Inc. November 4, 2014 

Report No. 2011NM730060 

In the alternative, Sea Hawk may pay electronically over the 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 payment to the FAA Alaskan Region. Enter the report number in 

the "Civil Penalties Case Number" field and Sea Hawk's formal name in the "Name on 

Invoice/Civil Penalty Letter" field. If Sea Hawk pays electronically, please enter 

craig. black@faa.gov in the "cc" field, and notify us at the contact information above so that this 

matter may be quickly resolved. 

Please continue to direct all communication concerning this matter to us at the address appearing 

above. 

HOWARD L. MARTIN, JR 

Regional Counsel 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on ~H -)1 , 2014 I served a copy of the foregoing on the 

recipient listed above via the m'e'aris indicated. 

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