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01 

U.S. DEPARTMENT OF TRANSPORTATION 

IN THE MATTER OF 

ISLAND HELICOPTERS INTERNATIONAL, LTD. 

DOCKET NO. CP08SO0013 

(Civil Peaalty Action) 

DMS NO. FAA-2008-0693 

FAA Case No. 2008SO190004 

Judge Isaac D. Benkin 

ADMINISTRATOR'S MOTION FOR DECISION 

COMES NOW the Administrator, by and through her undersigned attorney, and 

in accordance with sections 14 C.F.R. 13.218(f)(5) of the Rules of Practice in FAA Civil 

Penalty Actions, and submits this Motion for Decision, as follows: 

On April 10, 2008 the Administrator issued a Final Notice of Proposed Civil 

Penalty that proposed to assess a civil penalty in the amount of $11,000. On May 9,2008 

Respondent submitted an answer to the complaint. Respondent's answer admitted 

paragraphs 1, 2, 3, 5, 6, and 7, denied paragraphs 8, and 9, and stated that Respondent 

had insufficient information to admit or deny paragraph 4. 

The complaint alleged that Respondent advertised, on their website, that they 

were a helicopter charter operator. The Respondent offered to fly customers to a number 

of different airports. _The Respondent denied that they were not authorized to conduct 

charter operations for flights for hire. 
Respondent presented an affirmative defense in the answer to the complaint. 

Respondent explained that at the time of the advertisement they were either Air Carolina 

doing-business-as Respondent or that their website only used the name Air Carolina and -v 

not "Island Helicopters". The attached affidavit from Aviation Safety Inspector Naveira 

explains in paragraph 4 that Respondent was removed as a D/B/A from Air Carolina's 

Operations Specifications. The affidavit includes the applicable sheets firom Air 

Carolina's Operations Specifications as Exhibit B, showing that Air Carolina had no 

D/B/A with the Administrator on October 13, 2007. Furthermore, the attached website 

printout shows that Respondent advertised as "Island Helicopters" on October 13, 2007, 

October 13, 2007 is an arbitrary date, selected because it is the date of the website 

printout by the Administrator's inspector. 

This case is appropriate for a decision. A party may file a motion for decision on 

the basis that the pleadings and other supporting documentation establish that there are no 

material issues of fact to be resolved and that party is entitled to judgment as a matter of 

law. The Respondent advertised or otherwise offered to perform air charter services, as 

admitted in the pleadings. The Respondent was not authorized by the Administrator to 

perform these services, as demonstrated by the attached exhibits. No other facts are 

necessary for a finding of a F.A.R. 119.5(k) violation. 

The Respondent violated F.A.R. 119.5(k), which states "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." 

The $11,000 penalty is appropriate. 49 U.S.C. 46301 (a)(5)(A)(i) creates hability 

not exceeding $ 10,000 ($ 11,000, with inflation adjustment) for this violation. The 
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Sanction Guidance Table [FAA Order 2150.3B, Appendix B, pages B1-B52] has no entry 

for a 119.5 (k) violation; however, the Sanction Guidance table recommends a maximum 

Civil Penalty for related violations ("Operation without a Part 139 Certificate" B-6-a(l) -v 

and "False advertising" for Part 141 Pilot schools B-3-d(3)). Under the facts and 

circumstances of this case, the Agency is seeking a civil penalty of $11,000. 

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

Law Judge grant this Motion for a Decision and enter an order that Respondent be 

assessed a civil penalty in the amount of $11,000. 

Respectfully submitted this i ^ day of July, 2009. 

/ 

J2?V^0ND VEATCH 

//Attorney 

)ffice of the Regional Coimsel 
r 

CERTIFICATE OF SERVICE 

1 hereby certify that a copy of this document was mailed this date by Certified Mail, 

Return Receipt Requested, to: 

Bradley p. Hanger, President (International Registered Mail) 

Island Helicopters International 

P.O. Box 2900 

East End, Tortola 

British Virgin Islands, West Indies 

and 

The Honorable Isaac D. The Honorable Isaac D. Benkin 

DOT, Administrative Law Judge 

Office of Hearings, M-20 

1200 New Jersey Avenue, SE 

East Building Ground Floor 

Room El2-320 

Washington, DC 20590 

OffiQs'of the Regior 

Dated 
U,S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

ISLAND HELICOPTERS INTERNATIONAL, LTD. 

DOCKET NO. CP08SO0013 

(Civil Penalty Action) 

DMS NO. FAA-2008-0693 

FAA Case No. 2008SO190004 

Judge Isaac D. BenkiD 

AFFIDAVTT OF RADAMES NAVEIRA 

PERSONALLY APPEARED before me, the undersigned notary public Radames 

Naveira, who after being duly sworn, deposes and says as follows; 

1. I am employed by the FAA presently and was employed at all times materid 

herein as an Aviation Safety Inspector at the San Juan Flight'Standards District Office 

(FSDO). At all times material herein I was assigned as the Principal Operations 

Inspector for Air Carolina, Inc. I have personal knowledge of the facts set forth herein; 

they are true and accurate to the best of my knowledge. 

2. Air Carolina, Inc., was issued FAA air carrier certificate number IMUA in 

accordance with Part 119 of the Federal Aviation Regulations (FAR) and, during the 

period described herein, was authorized to operate on-demand flights under Part 135 of 

the FAR. 

3. Prior to June 27,2007, Air Carolina, Inc., was authorized on its Operations 

Sp^ifications to do business as "Island Helicopters, Inc." 

4. In a letter dated May 22,2007, (attached hereto as Exhibit A) I informed Air 

Carolina, Inc., that I was removing "Island Helicopters, Inc." as a dba firom its Operations 

Specifications. Thirty five (35) days later I removed "Island Helicopters, Inc." as a dba 

from the Air Carolina, Inc., Operations Specifications. 

5. During the period surrounding October 13,2007, Hat Island Helicopters, Inc., 

advertised on its web page to conduct flights for compoisation or hire it was not listed as 

a dba on the Air Carolina, Inc., Operations Specifications. 
6. I have attached, as Exhibit B, a copy of the Operations Specifications applicable 

on October 13, 2007, that does not list Island Helicopters, Inc., as a dba of Air Carolina, 

Inc. 

7. At the time that Island Helicopters, Inc., advertised to conduct flights for 

compensation or hire it did not hold a certificate issued under Part 119 of the Federal 

Aviation Regulations nor was it listed on any air carrier's Operations Specifications as a 

dba. 

8. I have initiaied every page of the exhibits referred to herein and it is my intention 

that these attached exhibits are made a part of my Affidavit. The attached exhibits are 

true and correct copies of the original documents. 

FURTHER AFFIANT SAYETH NOT. 

Date RAliAXtES NXVEIR^ , kffiant 

Sworn to (or affirmed) and subscribed before me this / V day of July 2009, by 

Radames Naveira. 

Pwsonally known • J 

or Produced Identification 

Type of Identification produced 
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gXH/BIT A_ 

U.S,Dep<»tmenr 

ofTttinsportcrtion 

Federal Aviof l0n 

Adtnbiistrcttfon 

South Florida FSDO / San Juan Off^eoNcyiwENcy* 

S019 

La Torre de Plaza, Suite 901 

525 F.D. Roosevelt Avenue 

Hato Rey, Puerto Rico 00918.1198 

<787) 784-2538, Fax: (787) 764-264 I 

May 22, 2007 

CERTIFIED MAIL-RETURN RECEIPT REQUESTED 

Mr. William Duncan - Director of Operations 

Air Carolina, Inc. 

P.O. Box 810312 

Carolina, P.R. 00981-0312 

Dear Mr. Duncan: 

On a letter dated August 3, 2005, we informed you that our evaluation of the operational 

structure of Island Helicopters d/b/a, justified an amendment to your A001, Operations 

Specifications. 

On a letter dated March 20, 2007, we requested that you submit evidence, views and 

arguments by which Air Carolina, Inc. was in compliance with the Operational Control 

requirements in relation to island Helicopters, d/b/a. 

Your reply letter dated April 17, 2007, was submitted to our Southern Region Legal 

Department and it was concluded that you failed to submit the evidence requested. 

In accordance with Title 14 of the Code of Federal Regulations, Part 119, we are informing 

that your Operations SpecJficattons A001 will be amended removing Island Helicopters 

as a d/b/a for Air Carolina, Inc. This amendment will be effective 30 days after receipt of 

this letter. 

Please be advised that if Air Carolina, Inc. continue to use Island Helicopters as a d/b/a 

after the effective date, it will be contrary to the Operations Specifications authorized 

by the Administrator. 

Kovnm fmaa 

E. McvKs 

KCXJIINO tYMBOI. 

nOt>1WO rtVMBOl 

ntwujt/tie 

MUTING SYMBOL 

KOirrrK SYMBOL 

ROimi a STMSOL 

Sincerely, 

Original 8i(Hied by: 

Radames Naveira Jr. 

Principal Operations Inspector 

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U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Operations Specifications 

FYHIRIT ^Q^id Ui 

AOOl. Issuance «nd AppHcabllitv HQ Control: 

HQ Revision: 

05/09/03 

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a. Iliiese operations specificati<His are issued to Air Carolina, Inc., whose principal base of operation is 

located at: 

yi. 

Primary Business Addrass: 

R99CaIle7 

Vilk Venecia 

CaiDlioa, P.R. 00981 

Mailing Address: 

P.O. Box 8I03I2 

Carolina, P.R, 00981-0312 

The bolder of these operations specifications is the holder of Ah- Carrier Certificate Number 

IMUA63SK and shall hereafier be referred to as the certificate holder, The certificate holder is 

authorized to conduct: 

On Dnnand 

(135) 

operations in Conunon carriage pursuant to 1 t9.25(b) - On and provided> at all times, the 

Title 14 Code of Demand HEL certificate holder bas qipropriate 

FedCTalRcfiwlations written ecmioinic authorify issued by 

(CFR) Section . the Department of Transportation. 

Tlte certificate holder shall conduct these Jdnds of operatioDS in accordance with the specijEic 

authorizations, liinitatioD5, and procedures in these operations q>ecificatioiis and all appropriate Parts 

of flie CFR. 

b. These operations specifications are effective as of the "Date Approval is ef&ctive'* listed in each 

paragraph and shaU remain in effect as long as the certificate holder continues to meet the requirements 

of Part 119 as specified for certification. 

c. The certificate holder is autiiorized to use only the business name which appears on the certificate to 

conduct Ae operatioas described in subparagraph a. 

d. The certificate holder is audtorized to conduct flights under 14 CFR Part 91 for crewmember training, 

maintenance tests, fsarying, re-positioning, and the carrie^e of company officials using the applicable 

authorizations in these operations specifications, wtd!iout obtaining a Letter of Authorization, provided 

the fllgjits are not conducted for compensation or hire and no charge of ai^ kind is made for the 

conduct of the flights. 

Print Date: 6/27/2007 AOOl-1 

Air Caroiinaj Inc. 

Certificate No.: IMUA638K 
t T 

U.S. Department 

of Ttonsportation 

Federal Avtetlon 

AdmlnistraUon 

Operations Specifications 

EXHIBIT SI 

1. Issued by the Fedeial Aviation Administration. 

2. Support information reference: 

3. These Operations Specifications are approved by direction of the Administrator, 

N^eirs, Radanfes Jr. / Principal Operations Inspector SOI 9 

4. Date Approval is effective: 6/27/07 Amendment Number: 7 

5. I hereby accept and receive die Operations Specifications in this paragrt^h. 

Duncan, Wiltiam Dir. of Operations, Part 135 Date: 6/27/07 

Print Date: 6/27/2007 A001.2 

Air Carolina, Inc. 

CertificBteNo.: 1MUA63SK