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November 18, 2011 ^' '• ^ 

Gerald A. Ellis, Attorney 

Federal Aviation Administration ^^-^ ^ 1 

Southern Region 

Office of the Regional Counsel 

P.O. Box 20636 

Atlanta, Georgia 30320 

RE: WITHDRAWAL OF HEARING REQUEST WITH COMPROMISE ORDER, FAA Docket No. CPIOSOOOOO, 

DMS FAA02011-0670 

Dear Gerald A. Ellis, 

Sky King requests the Federal Aviation Administration (FAA) to consider the following settlement 

agreement for Complaint, FAA Docket No. CPIOSOOOOO, DMS FAA02011-0670: 

Sky King proposes to withdrawn its request for a Hearing, and agrees to pay a $10,000 Civil 

Penalty along with an FAA Compromise Order that includes no violations of the Federal Aviation 

Regulations. "^ 

This case seeks a $22,500 civil penalty based on alleged violations of 49 CFR, Section 171.2(e). 49 CFR, 

Section 171.2 (e), states, in part, no person may offer or accept a hazardous material for transportation 

in unless In this matter. Sky King an air carrier did everything expected of air carrier to prevent 

the unintentional shipment of hazardous materials. The person/employee who actually offered the 

hazardous material for transportation had both the proper initial and recent recurrent Hazmat training 

from expert organizations, i.e., FedEx. Sky King provided copies of the employee Hazmat training 

records along with its initial response to the Letter of Investigation. However, it seems these training 

records were not included in the final enforcement investigative report or considered as mitigating 

factors. Sky King realizes that it is possible that the reporting inspector may have considered these 

factors in their analysis; but this section is not releasable information to Sky King. 

Sky King, the air carrier, understands and accepts complete and total responsibility for all its operations, 

including, the unintentional shipment of hazardous material as in this matter. Notwithstanding, Sky King 

also believes it is reasonable to expect that a fully trained and qualified shipping employee would not 

make this type of shipping error, however, it seems Sky King is being treated unfairly and as if it acted 

with total disregard for the Hazardous Materials Safety Regulations. Sky King's outstanding shipping 

record over many years is proof that it takes this responsibility seriously! 

Respectfully submitted, 

^/Stephen A. Badger ^ 

Respondent's Representative 
4 

CERTIFICATE OF SERVICE 

I hereby certify that on November /S x 2011, the forgoing Request for Withdrawal of Hearing with 

Compromise Order, FAA Docket No. CPIOSOOOOO, DMS FAA02011-0670 was sent by United Parcel 

Service (UPS) to: 

ORIGINAL 

Gerald A. Ellis, Complainant's Counsel 

.Attornev,_Office.of_the.Regional_Co.unsel 

Southern Region, ASO-7 

federal A\j\3t\or\ Administration 

P.O. Box 20636 

Atlanta, Georgia 30320 

COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000 

COPY 

The Honorable Richard C. Goodwin, 

Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Stephen A. Badger 

Respondent's Representative