U.S. Department ofTransportation Federal Aviation Administration



### JAN 2 5 2013 Eastern Region Regional Counsel Telephone: 718 553-3258 Facsimile: 718 995-5699
FIRST CLASS MAIL AND TELEFAX #202-366-7536 Hon. J. E. Sullivan, Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E. (Ell-310) Washington, DC 20590 1 Aviation Plaza Jamaica, NY 11434

I .r:::

Re: IntheMatter ofNortheasternAviation Corp., FDMS No. FAA-2012-1264 DearJudge Sullivan: Enclosed herein please find the FAA's Amended Complaint, together with proofof service upon the Respondent. Specifically, Section I ofthe Complaint is amended to read as follows: "Respondent, Northeastern Aviation Corporation, was advised through a Final Notice ofProposed 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, AlfredR. Johnson, Jr. Regional Counsel
By:

# ~~**Zachary~erman** Attorney CC: PeterMontemurro General Manager Northeastern Aviation Corp. 8200 Republic Airport, Suite 8 Farmingdale, NY 11735 FAX: 631-756-0698 

# RECEIVED JAN 302013 

## HEARING DOCKET

### U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AYIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Inthe Matter ofNortheastern 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 FAAproposed 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 NumberAOY 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 N451CM, on a flight from Teterboro Airport, NJ, to San Francisco, CA.3. In assigning Mr. Kalish to act as PIC ofthe 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 ofthe flight. 4. Specifically, Mr. Kalish had only 9.5 hours of rest during the 24- hourperiod that preceded the planned completion ofthe flight.


### III By reason of the foregoing facts and circumstances, Respondent violated the following section ofthe Federal Aviation Regulations: Section 135.267(d), which states that each assignment underparagraph (b) of this section must provide for at least 10 consecutive hours ofrest during the 24-hourperiodthatprecedes the planned completiontime ofthe 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 ofthe violations alleged. 2. Under the facts and circumstances of this case, a civil penalty of $5,225 is appropriate.

2WHEREFORE, 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 1Aviation Plaza Jamaica, NY 11434 718 553-3258 718 995-5699


### NOTE: The Rules of Practice for this proceeding are set forth in Part 13, SubpartG, oftheFederalAviation 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 laterthan 30 days after the date shown on the Certificate ofService. A general denial is deemed a failure to file an answer (Section 13.209(e)).

3CERTIFICATE 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 NortheasternAviation Corp. 8200 Republic Airport, Suite 8 Farmingdale, NY 11735 FAX: 631-756-0698 Hon. J.E. Sullivan, Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 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 AviationAdministration (Original and one copy) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: HearingDocket Clerk, AGC-430 WilburWrightBuilding- Suite 2W1000



### JAN 2 5 2013

# ~b~~ Date:

------- Paralegal Specialist Federal Aviation Administration Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434

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