U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southern Region );:; jini r 

Office of tlie Regional Cqups^tv^pi 

P.O. Box 20636 

Atlanta, Georgia 30320 

3 (404) 305-5200 

(404)305-5223 FAX 

CERTIFIED - RETURN RECEIPT REQUESTED 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW. , . 

Washington, DC 205.91 

Re: In the Matter of Sky King Inc. 

FAA Case No. 2010SO700422 

RECEIVED 

I-IEARING DOCKET 

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

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Louisville, Kentucky area, and 

expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, ASO-7 

Southern Region 

P.O. Box 20636 ' ' 

Atlanta, Georgia 30320 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

Sincerely, 

GERALD A. ELLIS 

Attorney 

Office of the Regional Counsel 

Enclosures 
SKyKINB 

Junes, 2011 

RE: Hearing Request Case No. 2010SO700422 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk 

AGC-430 

Wilbur Wright Building 

Room 2W1000 

Dear Attention: Hearing Docket Clerk, 

This letter is to request a Formal Hearing concerning Case No. 2010SO700422, and to provide a Written 

Answer to each of the allegations contained in the Final Notice of Proposed Civil Penalty. Sky King will 

address each of the following allegations according to 14 CFR, Section 13.35: 

1. DenyOn August 6, 2010, Sky King did not knowingly offer to United Parcel Service (UPS) a one-piece 

consisting of a fiberboard box containing hazardous materials for transportation by air. in an 

interview with the individual in our shipping department who packaged and shipped the 

assembly, he stated that he simply did not realize the unit fell into that category. Not being an 

aircraft technician, he looked at the unit as just another aircraft component. Sky King had 

ensured that this individual was trained and qualified to ship Hazardous Materials. 

2. Admit 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

Admit 

Admit 

Admit 

Admit 

Admit 

Admit 

Admit 

10. Admit 

11 Admit 

12. Admit 

13 Admit 

14. Admit 

15 Admit 

Sky King, Inc., • 

^ -^ f 

3600 Power Inn Road, Suite H • Sacramento, CA 95826 • (916) 454-2400 • Fax (916) 737-8960 
In a letter dated May 5, 2011, Sky King provided the FAA with additional information concerning actions 

taken to prevent further violations of 49 CFR Parts 171-173. These actions cost Sky King approximately 

$9,000 for specialized training and training material. 

It is our opinion that Sky King provided the required training for its shipping personnel and that the 

shipping person made a mistake; therefore. Sky King did not knowingly ship Hazardous Material. 

Notwithstanding, Sky King took significant corrective action to ensure we did not repeat this mistake. 

Finally, since this was the first mistake made in over 10 years of either Part 125 or Part 121 operations 

that the Civil Penalty is not appropriate. It seems to us that the matter could have been handled 

administratively (since it was not on purpose) instead of the $22,500 Civil Penalty. 

Respectfully submitted. 

Stephen A. Badger 

Sky King, Inc., Representative 

(916) 454-2400 or email sbadger@fly-skyking.com 

CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Request for Hearing has been mailed on June 8, 2011, by Certified 

Mail or Regular Mail to; 

Hearing Docket Clerk 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attention: Hearing Docket Clerk 

AGC-430 

Wilbur Wright Building 

Room 2W1000 

Gerald A. Ellis, Attorney 

Federal Aviation Administration 

Southern Region 

Office of the Regional Counsel 

P.O. Box 20636 

Atlanta, Georgia 30320 

Stephen A. Badger Q 

Sky King Director of Safety and Security 

Sky King, Inc., • 3600 Power Inn Road, Suite H • Sacramento, CA 95826 • (916) 454-2400 • Fax (916) 737-8960 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Sky King Inc. 

Respondent. 

FAA Docket No. 

Judge 

JUDGE NOT YET 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. 

1. On May 20, 2011, Respondent, Sky King Inc. was advised through a Final Notice 

of Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of 

$22,500. On June 8, 2011, the Agency Attorney received a written request for a hearing from 

the Respondent. 

II. 

2. On or about August 6,2010 Sky King, Inc. ("Sky King") knowingly offered to 

United Parcel Service (UPS) a one-piece shipment consisting of a fiberboard box containing 

hazardous materials for transportation by air. 

3. The above-mentioned shipment was assigned UPS Next Day Air tracking 

number/air waybill number IZ 9VX 859 44 9067. The shipment was offered by Sky King, Inc., 

2800 Propeller Place, Atwater, California, for transportation to the consignee. Sky King 

Mechanic, Mid Atlantic Jet, Gold Office Suite 112, AC International Airport, Egg Harbor 

Township, NJ 08234. 

4. At all times mentioned herein, the above-mentioned shipment was not 

accompanied by a Shipper's Certification or Declaration of Dangerous Goods. 
5. On or about August 6, 2010, the above-mentioned shipment was flown on a 

regularly scheduled UPS cargo flight in air transportation to the UPS sort facility in Louisville, 

Kentucky. 

6. On or about August 6, 2010, ground-handling personnel at the UPS sort facility 

discovered the above-mentioned shipment leaking and giving off a strong odor. 

7. The above-mentioned fiberboard box contained one aircraft fuel control unit 

containing aviation fuel. 

8. Further investigation showed that approximately 2 ounces of aviation fuel had 

leaked into and through the fiberboard container. 

9. (a) Fuel system components such as fuel control units and fuel pumps are 

classified as hazardous materials under the Department of Transportation Hazardous Materials 

Regulations (HMR) (49 C.F.R. § 172.101). 

(b) The proper shipping name of the material is Dangerous Goods in 

apparatus. It is in Hazard Class 9 (Miscellaneous), and has an assigned identification number of 

UN3363. The proper label is CLASS 9. 

10. Sky King offered the above-described shipment of hazardous material for 

transportation by air without shipping papers that included: 

(a) the assigned identification number prescribed for each hazardous material; 

(b) the proper shipping name prescribed for each hazardous material; 

(c) the hazard class prescribed for each hazardous material; 

(d) the total net mass per package of each hazardous material; and, 

(e) the number and type of packages containing hazardous material. 

11. Sky King offered the above-described shipment of hazardous material for 

transportation by air and failed to: 

(a) certify that the materials were in accordance with the HMR (49 C.F.R. §§ 

171, et seq.) by printing on the shipping papers the certification set forth in § 172.204(a)(1), 

172.204(a)(2), or § 172.204(c) of the HMR; 

(b) prepare the required certifications in duplicate; and, 

(c) add to the certification required in this section the following statement: 
"I declare that all of the applicable air transport requirements have 

been met." 

12. Sky King offered the above-described shipment of hazardous materials for 

transportation by air when: 

(a) the outer container was not marked with the proper shipping name of each 

hazardous material contained therein; 

(b) the outer container was not marked with the assigned identification 

number of each hazardous material contained therein; 

(c) the outer container was not marked with standard orientation markings (as 

prescribed in 49 C.F.R. §172.312(a)) on two opposite vertical sides of the package with the 

arrows pointing in the correct upright direction; and 

(d) a "CLASS 9" label was not affixed to the outer container. 

13. Sky King offered the above-described shipment of hazardous material for 

transportation by air and failed to make emergency response information available for use at all 

times the hazardous material was present. 

14. Sky King offered the above-described shipment of hazardous material for 

transportation by air and failed to make an emergency response telephone number immediately 

available to the appropriate official person designated to respond to an incident involving a 

hazardous material, or who was conducting an investigation involving a hazardous material. 

15. Sky King offered the above-described shipment of hazardous material for 

transportation by air when the packaging was not designed, constructed, maintained, filled, its 

contents so limited, and closed, so that under conditions normally incident to transportation, 

there would be no identifiable release of hazardous material to the environment. 

16. Sky King offered the above-described combination package of hazardous 

materials for transportation by air with packaging that did not prevent the hazardous material it 

contained from leaking. 

III. 

17. By reason of the above, Sky King Inc. violated the following Department of 

Transportation Hazardous Materials Regulations (Title 49 of the Code of Federal Regulations): 

1. Section 171.2(e) in that Sky King offered or transported a hazardous material for 

treinsportation in commerce when the hazardous material was not properly classed, described, 

packaged, marked, labeled, and in condition for shipment as required or authorized by applicable 

requirements of this subchapter, or an exemption, approval, or registration issued under this 

subchapter or under subchapter A of this chapter. 
2. Sections 172.200(a) and 172.202(a)(1) in that Sky King offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

including the identification number prescribed for the material as shown in Column 4 of the § 

172.101 Table, in the maimer required by this subpart. 

3. Sections 172.200(a) and 172.202(a)(2) in that Sky King offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

including the proper shipping name prescribed for the material as shown in Column 2 of the § 

172.101 Table. 

4. Sections 172.200(a) and 172.202(a)(3) in that Sky King offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

including the hazard class or division number prescribed for the material as shown in Column 

3 of the § 172.101 Table.. 

5. Sections 172.200(a) and 172.202(a)(4) in that Sky King offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

including the packing group in Roman numerals, as designated for the hazardous material in 

Column 5 of the § 172.101 Table. 

6. Sections 172.200(a) and 172.202(a)(6) in that Sky King offered a hazardous 

material for transportation by aircraft and failed to describe the hazardous material on shipping 

papers showing the total mass per package, unless a gross mass is indicated in Columns (9A) or 

(9B) of the § 172.101 Table in which case the total gross mass per package must be shown; or , 

for Class 7 materials, the quantity of radioactive must be shovra by activity. 

7. Sections 172.200(a) and 172.202(a)(7) in that Sky King offered a hazardous 

material for transportation and failed to describe the hazardous material on shipping papers 

indicating the number and type of packages (for example, "12 drums"). 

8. Sections 172.204(a) or (c)(1) in that Sky King offered a hazardous material for 

transportation and failed to certify that the material was offered for transportation in accordance 

with this subchapter by printing on the shipping paper containing the required shipping 

description one of the certifications set forth in this part. 

9. Section 172.204(c)(2) in that Sky King offered a hazardous material to an aircraft 

operator for transportation by air and failed to provide two copies of the certification required in 

this section. 

10. Section 172.204(c)(3) in that Sky King offered for transportation by air a 

hazardous material authorized for air transportation and failed to add to the certification required 

in this section the following statement: 

"I declare that all of the applicable air transport requirements have been met." 
11. Section 172.301 (a) in that Sky King offered for transportation a hazardous 

material in a non-bulk packaging and failed to mark the package with the proper shipping name 

and identification number (preceded by "UN" or "NA", as appropriate) for the material as shown 

inthe §172.101 table. 

12. Section 172.301(b) in that Sky King offered for transportation a hazardous 

material and failed to mark each non-bulk package containing hazardous materials subject to the 

provisions of §172.203(k) of this part with the technical name in parentheses in association with 

the proper shipping name in accordance with the requirements and exceptions specified for 

display of technical descriptions on shipping papers in § 172.203 (k) of this part. 

13. Section 172.400(a) in that Sky King offered for transportation a hazardous 

material in one of the packages or containment devices listed in this subpart and failed to label 

the package or containment device with the labels specified for the material in the §172.101 

Table and in this subpart. 

14. Section 172.600(c)(1) in that Sky King offered for transportation a hazardous 

material and failed to make the emergency response information conforming to this subpart 

immediately available for use at all times the hazardous material was present. 

15. Section 172.600(c)(2) in that Sky King offered for transportation a hazardous 

material and failed to make emergency response information including the emergency response 

telephone number, immediately available to any government agency responding to an incident 

involving hazardous materials or conducting an investigation which involves a hazardous 

material. 

16. Section 173.24(b)(1) in that Sky King failed to use apackage which was 

designed, constructed, maintained, filled, its contents so limited, and closed, so that under 

conditions normally incident to transportation, there would be no identifiable (without the use of 

instruments) release of hazardous material to the environment. 

17. Section 173.222(b)(2) in that Sky King offered an aircraft fiiel control unit 

containing aviation fuel for transportation by air and failed to ensure that no leakage fi:om the 

equipment was possible. 

18. Pursuant to 49 U.S.C. Section 5123(a), Sky King Inc. is subject to a civil penalty 

not lower than $250 ($450 for training-related violations), nor greater than $50,000 ($100,000 if 

death, serious illness, severe injury, or substantial property damage results), for each violation of 

the Department of Transportation Hazardous Materials Regulations. 

19. Under the facts and circumstances of this case, including consideration of 

respondent's correction action, a civil penalty of $22,500 is appropriate. 
WHEREFORE, the Agency, by counsel respectfiilly requests that the Administrative Law Judge 

enter an order that Respondent be assessed a civil penalty in the amount of $22,500. 

^ 

Respectfully submitted this \ LP day of June, 201 1. 

GERALD A. ELLIS 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to 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 which follows. 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk (original + 1 copy) 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Stephen A. Badger 

Sky King Director of Safety and Security 

Sky King, Inc. 

3600 Power Irm Road, Suite H 

Sacramento, CA 95826 

pi^F^ 

Office^ STe Regional Coimsel 

JUN 1 6 2011 

Dated