^ ^ -'," 2 201 0 

•'' ' •'J'NG DOCKET 

FEDERAL AVIATION ADMINISTRATION 

OmCE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Diamond Air Charter, Inc. 

FAA Docket No. CP10EA0004 

DMS No. FAA-2010-0620 

Judge Yoder 

Afiencv's Requests for Admissions 

The Federal Aviation Administration (FAA), by counsel, hereby files its Requests for 

Admissions, pursuant to Rule 220(1) of the Rules of Practice (14 C.F.R. 13.2220(1)), 

and requests that Diamond Air Charter, Inc. (Respondent) admit to the truth of the 

following statements: 

(1) The copy of Section D085 of the Operations Specifications of Diamond Air 

Charter, Inc. (attached herein as Exhibit A-1) is an authentic copy of Aat 

document. 

(2) The document represented by Exhibit A-1 was in effect during the entire 

month of October 2009. 

(3) The document represented by Exhibit A-1 contains a complete Usting of 

aircraft that Diamond Air Charter, hic, was authorized to operate in Part 135 

operations during the month of October 2009. 
(4) The copy of the document labeled as Exhibit A-2 is an authentic copy of an 

excerpt fi^om the Diamond Air Charter, Inc., website, or firom a link thereof, 

asofOctober29, 2009. 

(5) The copy of the document labeled as Exhibit A-3 is an authentic copy of an 

excerpt from the Diamond Air Charter, Inc., website, or fi-om a link thereof^ 

as of October 29,2009. 

(6) The copy of the document labeled as Exhibit A-4 is an authentic copy of an 

excerpt firom the Diamond Air Charter, Inc., website, or fi"om a link thereof^ 

asofOctober29, 2009. 

(7) The copy of the document labeled as Exhibit A-5 is an authentic copy of an 

excerpt firom the Diamond Air Charter, Inc., website, or from a link thereof, 

asofOctober29,2009. 

(8) The copy of the document labeled as Exhibit A-6 is an authentic copy of an 

excerpt from the Diamond Air Charter, Inc., website, or from a link thereof^ 

asofOctober29,2009. 

(9) The copy of the document labeled as Exhibit A-7 is an authentic copy of an 

excerpt from the Diamond Air Charter, hic, website, or from a hnk thereof^ 

asofOctober29, 2009. 

(10) The copy of the letter from Louis Misiano to Diamond Air Charter, Inc. 

(attached herein as Exhibit A-8) is an authentic copy of that document. 
(11) The three-page letter from Diamond Air Charter, Inc., to Louis Misiano 

(attached herein as Exhibit A-9) is an authentic copy of that document. 

(12) The document labeled as Exhibit A-10 is an authentic copy of an 

advertisement placed by Diamond Air Charter, Inc., in the December 25, 

2009 issue of Charter Hub. 

(13) The document labeled as Exhibit A-11 is an authentic copy of an 

advertisement or Usting placed by Diamond Air Charter, Inc., in the 

December 25, 2009 issue of Charter Hub. 

I 

RespectfijUy submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

W^yv^ ^ 

Zachaiy M.iB^man 

Attomey 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

Date: iMf^ 
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

DOSS . Aircraft Listing 

Operations Spcuificatiuns 

HQ Control: 02/06/1998 

HQ Revision: 02a 

a. The certificate holder is authorized to conduct operations under 14 CFR Part 135 using the aircrat\ 

identified on this operations specification. 

Registration No. 

N6045S 

N2IAB 

N27726 

2930Y 

N70«PW 

Serial No. 

BE-6S 

3I-8US2I22 

31-7852125 

34-7450099 

29 

Aircraft M/M/S 

BE-100-100 

PA-31-350 

PA-31-350 

PA-34-200 

TBM-700-700 

Print Date: 10/26/2009 0085-1 

Diamond Air Charter, Inc. 

Certificate No.: D9CA276H 
iz/10/zuuy /:Dy:i / AM 

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Operator Details 

DIAMOND AIR CHARTER, INC. 

Qualifications 

Established: 1996 • Fleet: 6 • Pilots: 7 full time, 10 part 

time 

Certificate: D9CA276H(Licensed to fly US,CN,CB,MX) 

http://www.flydiamond.com 

Contact Information 

DIAMOND AIR CHARTER, INC. 

85 TOWER RD. 

HANGARE 

WHITE PLAINS. NY United States 10604 

Tel: 914-761-7336,203-730-9955 • Fax: 203-730-9966 

Email: info@flydiamond.com 

Company Profile 

Diamond Air Charters Inc. is a HPN based Executive Charter company with offices and a FBO in DXR. We offer a 

full range of aircraft such as piston Navajo's, TBM 700, King Air, Citation V and soon the new very light jet Phenom 

100. We specialize in aircraft management and acquisition/sales. We strive for the highest safety standards and 

customer satisfaction. 

Fleet 

KHPN - White Plains, NY US 

Qty. Type (Common Name) 

1 HI_CE-560 (CITATION V) 

I ii_BE-100 (KING AIR) 

1 a_TBM-700 

2 ai_PA-31-350 (CHIEFTAIN)Piston-Multi 

1 ai_PA-34 (SENECA) Piston-Multi 

Category 

Light Jet 

TurboProp 

TurboProp 

SeatsPrice Range (Per Hour) 

8$ 2545 avg. Price Quote 

8$ 1150 Price Ouote 

4$ 795 Price Ouote 

6$ 495 Price Ouote 

4$ 427 avg. Price Quote 

Back to Operator Listings 

jdtjKfsrAL 

Safety & Security 

V?s0 in 9t: 

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Subscribe to Air Charter Guide in Print | Free Copy of Executive Traveler Edition 

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DIAMOND AIR CHARTER, INC. Page 1 of 2 
*•. / 

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select an operator/aircraft. Then click on the "Send RFQ" button. This will send a RFQ to all the 

aircraft operators that you have checked. If you have any questions please contact us. 

1. Flight Details 

^ _ _ BASED ON AIRCRAFT 

Depart From: SELECTED 

Destination: 

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Date: 

Return Date: 

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2. Contact Information 

First Name: 

Last Name: 

2009 ^ [Oct _ij|30_^ 

1:00PM j j 

2009_^|Oct _lj|31 _^ 

1:00PM j j 

r One-Way c Round Trip 

(^ Multi-Leg 

Company 

Name: 

Phone: 

Fax: 

Email: 

# 

(.••[ n II 

llOYAL 

1 

i 

.lUl \ 

IL 1 

1 

Fly Private 

For thfli cost of 

First clasa 

M« iim MChartor Pool 

li" 

3. Check each aircraft you want to quote for your trip, then click "Send 

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Filter Results by Aircraft Radius : |within 50 miles ^ 

White Plains, NY US 

RFQOperator 

DIAMOND AIR 

Category : |A" 3 

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>ii9 = Currency Conversion 

^ ^ \ CategorySeatsPrice Range (Per Hour) 

P" CHARTERJ.NC., 

, CE-560 

\£CITATIONV) Light Jet 8 $ 2541 avg. © 

Send RFQ 

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Request Air Charter Quote for CE-5... Page 1 of 2 
DIAMOND AIR CHARTER, INC. 

1991 CE-560 (CITATION V) - 8 seats 

Tail Number 

• N365EA 

Image 1 of 1 

\ircraft Photos Page 1 of 1 
Diamond Air Cliarter 

' •' a Email This 

View Aircraft For Charter 

Send A Message to Diamond Air Charter 

^ ^ ^**->s.,^^ ^ Chartering your own aircraft from Diamond Air Charter 

I ^ \ —^••:^_^^^ puts you in complete control of your joumey! Any 

\ -flug-j -Ix time...Anywhere ~ we handle each minute detail of 

X / llji^f^MLJitilrSLOV ^ your trip so that your entire flying experience Is 

"— ^"" ^ absolutely hassle freel Our in depth Industry 

knowledge gives our customers the insider's advantage in chartering aprj^|^ircraft for business 

or pleasure. At Diamond Air Charted our customers are guaranteed tN^^^^^comfort, and 

Pleasure ma..hevdes,^. ^ 

Our aircraft network consists of a diverse fleet of jet, turbf^rop, and tw/lfTengine equipment. 

3ur in depth Ind 

g a priv^i^irc 

1 twnnengine e( 

Customers are matched to a particular aircraft based on their unique needs and travel profiles. 

Diamond Air Charter's goal is to maximize comfort, while minimizing travel time and overall cost 

factors. Efficiency and value are Important considerations when planning any trip. 

Diamond Air Charter can utilize small, executive class airports that offer easy access to the 

customer's home base and final destination. Private airports typically offer their patrons "free 

parking' just steps away from their door. Private car service and rental cars are easily arranged, in 

advance, by our staff. Additionally, flights can be custom catered to accommodate the most 

discriminating preferences! 

Diamond Air Charter, a private aviation company, is FAA licensed , Bahamian permitted, and U.S. 

insured. Our aircraft and flight crews meet the highest FAA standards for safety and 

professionalism. 

OUR PROMISE. 

As an experienced jet charter company, we know that price and flexibility are very important to our 

clients. As a charter company, we also recognize that NOTHING is more important than safety 

and security. To that end, we have secured systems and developed relationships that allow us to 

provide information and services to our clients that assure them that, when using our air charter 

sen/ices, they are flying safe and secure whenever they work with Diamond Air Charter. 

Products & Services 

We work with the following categories of aircraft: 

• Turboprop 

Aircraft 

• Piston Twin 

Aircraft 

We work with the following categories of facliites: 

• Brokering • Charter • Management • Sales 

• Line Services 

We provide the following services: 

• Conference • Flight Planning 

Rooms 

• Restaurant 

• Pilots Lounge • Tie Downs 

Contact Information 

Diamond Air Charter 

85 Tower Road 

Hangar E 

Certificate #: D9CA276H 

Phone: (203)730-9955 

Diamond Air Charter Page 1 of 2 
f \^i.jjitn v^ I n I i\jn V jc i Mircran: ror i 

X!:. 

General Information 

call for details and aveilability 

-i.-

Say you saw this CESSNA CITATION V On ChartsrHub.comI 

Send Diamond Air Charter A Message 

Contact: 

Diamond Air Cliarter 

Anthony Debany 

Aircraft is located in: 

White Plains, New York 

Phone: (203)730-9955 

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HubTM is a trademart( of Sandhills Publishing Company. 

charterhub.com/llstlngsdetail/detail.asp.. 2/2 
V.COOINM va 1«I iuN V Jet Aircrart ror 

i ' 

.com 

CESSNA CITATION V 

Close Window 

liSi Email This 

Add To Aircraft Of Interest 

Print TWs 

iismi 

tip*? - Reset Special ZOOM Features 

Equipment Specifications 

lUanufeicturer 

Model 

Hourly Charter 

Location 

Condition 

Number Of Seats 

CESSNA 

CITATIQNV 

Call 

White Plains, New York 

Used 

8 

charterhub.com/llstingsdetail/detail.asp., 1/2 
4» 

U S Department Farmingdale Flight Standards District Office 

of TransDortatton '^^ ^° Republic Airport 

"^ Admin. Building, Suite 235 

Federal Aviation Farmingdale, NY 11735 

Administration Tel: (631) 755-1300 Ext. 237 

Fax:(631)694-5516 

DEC 1 6 2009 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

File No. 2010EA110008 

Mr. John Diamond, Director of Operations 

Diamond Air Charter 

Westchester County Airport 

85 Tower Road, Hanger E 

White Plains. NY 10604 

Dear Mr. Diamond: 

Information obtained by this office has shown that you are offering to perform Part 135 

operations with aircraft that are not authorized. Operations of this type may be contrary to 

Federal Aviation Regulations (FAR). 

This letter is to inform you that this matter Is under investigation by the Federal Aviation 

Administration (FAA). We would appreciate receiving any evidence or statements you might 

care to make regarding this matter within 10 days of receipt of this letter. Any discussion or 

written statements furnished by you will be given consideration in our investigation. If we do not 

hear from you within the specified time, our report will be processed without the benefit of your 

statement. 

Sincerely, 

Original Signed 3y 

Louis Misiano 

Aviation Safety Inspector 

Enclosure: Privacy Act Notice 

N:\letter\LXM - LOI Diamond Air Advertising 

EXHIBIT 

e-<g 
O^ MR V) 

St_: 

l-MTUlivi; 

Air t Ii.irter .uui 

\ircr.it-> Vl.ifi.ii^oitioiit 

January 20,2010 ^ ^ ,„, . 

I JAM 2 9 2010 

Via Facsimile (631) 694-S516 

and Regular Mail 

L. 

Inspector Louis Misiano 

Federal Aviation Administration. 

Flight Standards District Office 

7150 Republic Airport, Route 110 

Farmingdale, New York 11735 

Re: File #20 lOEA 110008 

Dear Inspector Misiano: 

This will serve as a follow-up to our conversations regarding the above file number. 

Accordingly, this letter is written in response to your request for further explanation of 

the circumstances surrounding advertisements recently placed by Diamond Air Charter 

concerning a Cessna Citation aircraft, registration number N365EA. Please be advised 

that the advertisements in question were intended to be released to the public only when 

the aircraft was formally authorized for charter service on the Diamond Air Charter 

certificate. 

As you are aware, 14 C.F.R. §119.5, entitled Certifications, authorizations, and 

prohibitions, states the following, in part, regarding advertising or otherwise offering to 

perform an operation subject to Part 119: 

(k) No person may advertise or otherwise offer to perform an operation subject to 

this part unless that person is authorized by the Federal Aviation Administration 

to conduct that operation. 

(1) No person may operate an aircraft under this part, part 121 of this chapter, or 

part 135 of this chapter in violation of an air carrier operating certificate, 

operating certificate, or appropriate operations specifications issued under this 

part. 
-0 ^i « y> 

l'\i'«'utive 

Mr ( li.li for iiui 

\ir».'r.itt M.iii.ii'i-iiicnt 

Inspector Louis Misiano 

January 27, 2010 

Page 2 

Since the aircraft was scheduled to conduct proving or validation tests in December 2009 

(pursuiant to 14 C.F.R. §135.145), Diamond Air Charter had prepared advertising 

materials in anticipation of announcing the addition of Cessna Citation charter services to 

the company. Once the aircraft had been approved for charter operations by the FAA, the 

advertisements were to be submitted for publication. Nevertheless, under no 

circumstances did Diamond Air Charter intend to advertise or otherwise offer to perform 

an operation subject to Federal Aviation Regulations (FARs) Part 119 or Part 135, unless 

the aircraft was authorized by the Federal Aviation Administration (FAA) to conduct 

such operations. Furthermore, Diamond Air Charter never operated the Cessna Citation, 

N365EA, under Part 135 in violation of its operating certificate or operations 

specifications. 

When the aircraft was initially scheduled for proving tests in December 2009, the 

proposed advertisements were submitted to Anthony Debany, Advertising Agent for 

Diamond Air Charter, Avith explicit instructions to hold the ads until further word firom 

the company concerning the status of FAA approval for the Cessna Citation in Part 135 

charter services. However, the apparent confijsion occurred when the Advertising Agent 

took it upon himself to submit the ads for publication prior to and without approval fi-om 

the Director of Operations for Diamond Air Charter. Upon further investigation, it was 

discovered that advertisements for the Cessna Citation were combined with similar ads 

that were already listing the Citation as "coming soon", and as a result were inadvertently 

released for publication without my knowledge or consent. All advertisements were 

pulled and stopped upon the receipt of your correspondence. Moreover, the Advertising 

Agent was appropriately counseled and reprimanded 

Nevertheless, as the Director of Operations for Diamond Air Charter, I have ultimate 

Operational Control authority of the air carrier. As a result, at no time did Diamond Air 

Charter offer to perform an operation subject to FAR Part 119 or Part 135, unless the 

aircraft was authorized by the FAA to conduct such operations. Furthermore, Diamond 

Air Charter never operated Citation N365EA under Part 135 in violation of its operating 

certificate or operations specifications. 

I trust that this letter sufficiently explains the circumstances under investigation. 

Accordingly, I understand that this matter will be closed without further action. 

However, if my understanding is incorrect, kindly advise me in writing otherwise. 
rxi'iutivo 

Air (barte r .ind 

Micr.it'l M.in.mi-'iiitfnt 

Inspector Louis Misiano 

January 27, 2010 

Page 3 

If you have any questions, please do not hesitate to contact me. Thank you in advance 

for your anticipated cooperation. 

Sincerely, 

John Diamond Jr. 

Director of Operations 

cc: Gregory S, Winton, Esq. 

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CharterHub.com Charter Hub • Page 11 
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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Agency's Request for Admissions has been sent 

via first class mail and facsimile to the following: 

Gregory S. Winton 

Aviation Law Experts , LLC 

One Research Court, Suite 450 

Rockville, MD 20850 

Telefax: (301)294-2525 

The Honorable Ronnie A. Yoder 

Chief Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

Telefax: (202)366-7536 

I hereby certify that the foregoing Request for Admissions has been sent via first 

class mail to the following: 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Room 924A 

Washington, D.C. 20591 

JUL 2 6 2010 Date: ^ r ^ 

Hooks 

Paralegal Specialist 

Federal Aviation Administration 

OfBce of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434