U.S. Department 

of Transportation 

Federal Aviation 

Administration 

JAN 2 5 2013 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 

FIRST CLASS MAIL AND TELEF AX #202-366-7536 

Hon. J. E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

1 Aviation Plaza 

Jamaica, NY 11434 

I 

.r::: 

Re: In the Matter ofNortheastern Aviation Corp., FDMS No. FAA-2012-1264 

Dear Judge Sullivan: 

Enclosed herein please find the FAA's Amended Complaint, together with proof of 

service upon the Respondent. 

Specifically, Section I of the Complaint is amended to read as follows: 

"Respondent, Northeastern Aviation Corporation, was advised through a Final 

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

the amount of $5,225.00. On December 24, 2012, Respondent submitted a written 

demand for a hearing." 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: Zachary~erman ~~ 

Attorney 

CC: Peter Montemurro 

General Manager 

Northeastern Aviation Corp. 

8200 Republic Airport, Suite 8 

Farmingdale, NY 11735 

FAX: 631-756-0698 

RECEIVED 

JAN 3 0 2013 

HEARING DOCKET 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AYIA TION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Northeastern Aviation Corp. 

FDMS NO. FAA-2-12-1264 

Judge J.E. Sullivan 

AMENDED 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 

Respondent, Northeastern Aviation Corp., was advised through a Final Notice of 

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

of $5,225. On December 24, 2012, Respondent submitted a written demand for a 

hearing. 

II 

1. At all times relevant herein, Northeastern Aviation Corporation 

(AOYA) was the holder of Part 135 Air Carrier On demand 

Certificate Number AOY A206C. 

2. On or about August 23, 2011, AOYA assigned a pilot, one Michael 

Kalish, to act as pilot-in-command of a Part 135 flight in a 

Gulfstream Givx aircraft, identification number N451 CM, on a flight 

from Teterboro Airport, NJ, to San Francisco, CA. 
3. In assigning Mr. Kalish to act as PIC of the above-referenced flight, 

AOYA failed to ensure that Mr. Kalish had at least 10 consecutive 

hours of rest during the 24-hour period that precedes the planned 

completion of the flight. 

4. Specifically, Mr. Kalish had only 9.5 hours of rest during the 24-

hour period that preceded the planned completion of the flight. 

III 

By reason of the foregoing facts and circumstances, Respondent violated the 

following section of the Federal Aviation Regulations: 

Section 135.267(d), which states that each assignment under paragraph (b) of 

this section must provide for at least 10 consecutive hours of rest during the 

24-hour period that precedes the planned completion time of the assignment. 

IV 

1. Pursuant to 49 U.S.C. §46301(a)(5), Respondent is subject to a civil penalty not 

to exceed $11,000 for each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $5,225 is 

appropriate. 

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WHEREFORE, the FAA, by counsel, respectfully requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty 

in the amount of$5,225. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Zachary ~~ . erman 

Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must 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. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 

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CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Amended Complaint has been sent via first class 

mail and facsimile addressed as follows: 

Peter Montemurro 

General Manager 

Northeastern Aviation Corp. 

8200 Republic Airport, Suite 8 

Farmingdale, NY 11735 

FAX: 631-756-0698 

Hon. J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

FAX: 202-366-7536 

I hereby certify that the foregoing Amended Complaint has been sent via first class 

mail addressed as follows: 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1 000 

Date: -------

JAN 2 5 2013 

~b~~ Paralegal Specialist 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

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