CIVIL PENALTIES PROPOSED BY FAA

  • $68,000 against Unical Aviation Inc. for allegedly violating Hazardous Materials Regulations.  The FAA alleges that on July 21, 2015, Unical knowingly offered undeclared hazardous material shipments to FedEx for transport by air.  The shipments contained Protective Breathing Equipment Units, which contain an oxygen generator chemical.  The chemical can cause or enhance combustion of other materials.  The FAA further alleged that in addition to failing to declare the hazardous materials being transported, the company also failed to properly class, describe, package, mark, and label the shipments as containing hazardous materials, and did not provide emergency response information with the shipments.
  • $200,000 against Detroit’s Wayne County Airport Authority (WCAA) for allegedly failing to maintain safe airfield conditions during a November 2014 storm.  The FAA alleged that WCAA, which operates Detroit Metro-Wayne County International Airport (DTW), did not follow the FAA-mandated Snow and Ice Control Plan (SICP) during the November storm and allowed various DTW airfield surfaces to become unsafe.  WCAA also did not limit air carrier operations to safe portions of the airfield.  The FAA further alleged that WCAA did not notify airlines of changing runway conditions, failed to activate the DTW “snow desk”, and did not conduct frequent runway inspections during the storm.
  • $240,000 against Helicopter Transport Services for allegedly operating a helicopter not in compliance with Federal Aviation Regulations.  The FAA alleged that on October 8, 2012, Helicopter Transport Services installed an unauthorized gearbox in a Sikorsky S61R10 and operated the helicopter 37 times when it was not in airworthy condition.
  • $509,180 against Martinaire Aviation LLC, for allegedly violating Hazardous Materials Regulations.  The FAA alleged the cargo carrier failed to comply with Notification to Pilot-In-Command (NOPIC) requirements for carrying hazardous materials onboard an aircraft.  The purpose of NOPIC is to “provide pilots and emergency responders with complete information about hazardous materials on aircraft for emergency response purposes.”  The FAA alleged that the company did not comply with NOPIC on board its aircraft for 43 flights between October and December 2013.  The cargo on those flights included toxic, corrosive and flammable materials as well as ammunition.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622), Drew Derco (dderco@eckertseamans.com, 202-659-6665), or Reese Davidson (rdavidson@eckertseamans.com, 202-659-6633).

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