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Great Lakes Region 

2300 Kasi Devon A«enue 

DesPlainei, Illinois 60018-^696 

In Reply 

Refer to: AGL^7K 

2009-GL-27-0021 

February!, 2010 

CERTIFIED MAIL 

Hearing Docket, Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

Wilber Wright Building - Suite 2W1000 

800 Independence Avenue, S.W. 

Washington, DC 20591 

847 294-7713 

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Re; Rushmore Helicopters, Inc., EIR 2009-GL-27-0021 ) 

Enclosed herewith please find the original and one copy of the Complaint in the abovc-rcfcrenccd 

proceeding. 

The FAA requests that the hearing in ihis matter be held in Rapid City, South Dakota, and expects that 

the hearing will last one day. Please address all communications for the FAA to the undersigned at: 

Chris G. Ziirales 

Federal Aviation Adminisiraiion 

Great Lakes Region, A0L-7K 

2300 East Devon Avenue 

Des Plaines. n. 60018-4696 

Phone (847)294-7713 

Fax (847) 294-7498 

Sincerely 

Chris 6rT6wAles 

Senior Attorney 

Enclosures: Complaint 

cc: Respondent (w/copy of Complaint) 
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U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D.C. 

Rushmore Helicopters, Inc. 

FAA DOCKET NO. CP*not yet assigned* 

(EIR2009-GL-27-0021) 

(Civil Penalty Action) 

Adminisirative Law Judge *not yet assigned* 

COMPLAINT 

On January 19, 2010, Respondent, Rushmore Helicopters, Inc., (Rushmore) was advised through 

a Final Notice of Proposed Civil Penally thai the FAA proposed to assess a civil penalty in the 

amount of $25,000.00. Rushmore, by counsel, has submitted a written request for a hearing, 

dated January 26, 2010, which was received by the Agency Attorney on February 1,2010. 

The Federal Aviation Administration (FAA), by counsel, hereby liles its Complaint, pursuant to 

Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: 

1. At all times relevant hereto Rushmore operated a commercial air tour operation 

(CAT operation) in the vicinity of Custer, South Dakota. 

2. In its CAT operation Rushmore employed the services of a commercial pilot, 

Robert Lcroy Lcffcrt (LclTcrt) and operated a Bell 206 helicopter, registered as 

N2268W and owned by 68 Whiskey LLC. 
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3. At all times relevant hereto Leffert acted as pilot in comniand and operated 

N2268W as a pilot of, and agent of, Rushmore in the CAT operation. 

4. At some point during the afternoon of August 6,2009, Lcflcrt discovered thai the 

fuel cap was missing from N2268W. 

5. Rather than secure N2268W until a replacement fuel cap could be obtained, or 

seek the assistance of a certificated mechanic lo obtain a special flight (ferry) 

permit, T .effert put duct tape over the fuel filler port and flew N2268 W, from 

Keystone, South Dakota to the Rushmore and Black Hills Aerial Adventures 

facility, near Custer, South Dakota, approximately 10 miles away. 

6. On August 7, 2009, Leffert operated N2268W in Rushmore's CAT operation, 

without the benefit of a fuel cap installed and with duct tape over the fuel filler 

port, on at least 10 passenger carrying air tour llights. 

7. N2268W did not meet the type design or type certificate for a Bell 206B 

helicopter when it did not have a fuel cap and when it had duct tape over the fuel 

filler port. 

8. Ai no lime relevant hereto was a special flight (ferry) permit issued that would 

allow for the operation of N2268W wiih duct tape over the fuel filler port rather 

than the appropriate fuel cap. 

9. At all times that Rushmore operated N2268W without a fuel cap and with duct 

tape over the fuel filler port, N2268W was not in an airworthy condition. 
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3 

10. Rushmore's operation orN2268W without a fiiel cap and with duct tape over the 

fliel filler port, as described above was careless and endangered the lives .md 

property of others. 

By reason of the Ibrcgoine tacts and circumstances, Rushmore violated, on each llight that they 

operated N2268W without a ftiel cap and with duct tape over the fiiei filler port, ihe following 

Federal Aviation Regulations: 

a. Section 91.7(a) which states that no person may operate a civil aircraft unless it is 

in an airworthy condition. 

b. Section 91.13(a) which prohibits a person from operating an aircraft in a careless 

manner so as to endanger the life or property of another. 

II 

1. Pursuant to Title 49 of the United Stales Code, Section 46301 (49 U.S.C. § 46301), 

Rushmore is subject to a civil penalty not to exceed $11,000.00 for each violation alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $25,000.00 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative 

Law Judge enter an Order that Respondent be assessed a civil penalty in the amount of 

$25,000.00. 

Respectfiilly submitted this 2nd day of February 2010. 

'Chris G. Zurales 

Senior Attorney 

Federal Aviation Administration 

Great Lakes Region, AGL-7K 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Phone: (847)294-7713 

Fax: (847) 294-7498 
02/23/2010 13:09 FAX 2024935142 FAA •>• DM S 12005/008 

Certificate of Service 

I hereby certify that the foregoing Complaint has been mailed this 2nd day of February 2010, by 

Certified Mail, Reiimi Receipt Requested, lo: 

Original and One Copy: 

Hearing Docket, Federal Aviation Administration 

Attention: Hearing Docket Clerk, AGC-430 

Wilber Wright Building - Suite 2W1000 

800 Independence Avenue, S.W. 

Washington, DC 20591 

One Copy: 

J. Darren Bycrs 

Law offices of J. Darren Byers 

105 West Fourth Street, Suite 400 

Winston-Salem, NC 27101 

Telephone: (336) 727-1070 

Fax: (336) 727-1085 

Dated this 2nd day of February 2010. 

Tarruny' TammyG ardncr ' 

Legal Technician 

F AA Great Lakes 
02/23/2010 13:09 FAX 2024935142 FAA + DMS glOOG/OOG 

J. Darren Bysrs 

jdbycrs@jdbyers.coin 

Lu^.' OFFICE S O F J . DARRE N BYI ^ 

A Professional Assoiiiaiion 

1 OS West i-ounh Slrccl 

Siiiic400, O'Hanlon Buildinu 

Winsion-Salem, Nonh Carolina 27101 

Teleplionc; .^36-727-1070 

Fac.<;imile: 3.'i6-727-lO«5 

www.jdbyer.s.com 

January 26,2010 

f 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATrENTION: Hearing Docket Clerk, AGC-430 

Wilber Wright Building, Suite 2Wl'00O 

FSB 

P.OiO 

J 

RE: Michael Jacob 

AGL-7K 

2009-GL-27-0021 

Dear Sirs: 

Please be advised that 1 represent Mr. Michael Jacob with regard to the above 

matter. This letter is a request for a formal hearing in this matter. I would appreciate you 

contacting my office at the above address and telephone nimiber to schedule the hearing. 

Thank you in advance for your cooperation in this matter If there is any 

additional information needed, please notify me immediately. 

Sincerely, 

J. Dane4 Byers 

JDB/jds 

Cc: Chris G, Zurales, Senior Attorney 

Michael Jacob