o 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southwest Region 

Arl^ansas, Louisiana, 

New Mexico, Oklahoma, 

Texas 

Office of Regional Counsel 

2601 Meacham Blvd. 

FortWorth, Texas 76137 

(817) 222-5099 Fax: (817) 222-5945 

December?, 2010 

f i 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

In the Matter of O.W.L. Fly. Inc. 

Docket No. CP: Not Yet Assigned 

Case No. 2010SW910070 

.=;oo 

is^^iDear Sir or Madam: 

Enclosed are the original and one copy of the complaint in the above-referenced proceeding. 

The Complainant requests that the hearing in this matter be held in San Antonio, Texas, and 

expects that the hearing will last one (1) day. Please serve me with all documents in this 

matter. 

Sincerel 

Gregory S. Lander 

Attorney, Safety Enforcement Branch 

Federal Aviation Administration 

2601 Meacham Blvd., 663 

Fort Worth, TX 76137 

Attorney, Satety Enforcement Branch 

Federal Aviation Administration 

2601 Meacham Blvd., 663 

Fort Worth, TX 76137 

Phone: 817/222-5083 

FAX: 817/222-5945 e-mail: sregory. s. lander(a)faa.sov 

Enclosure 
Q 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southwest Region 

Arkansas, Louisiana, 

New Mexico, Oklahoma, 

Texas 

Office of Regional Counsel 

2601 Meacham Blvd. 

FortWorth, Texas 76137 

(817) 222-5099 Fax: (817) 222-5945 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

In the Matter of: 

O.W.L. Fly, Inc. 

FAA Case No. 2010SW910070 

FAA Docket CP: Not Yet Assigned 

Judge Not Assigned 

COMPLAINT 

The Complainant files its complaint, under Rule 208 of the Rules of Practice in FAA 

Civil Penalty Actions, 14 C.F.R. § 13.208, and states the following: 

I. 

Respondent O.W.L. Fly, Inc., was advised through both a Notice of Proposed Civil 

Penalty and a Final Notice of Proposed Civil Penalty that the FAA proposed to assess a 

civil penalty in the amount of $22,000.00. Via email, on December 6,2010, Respondent 

submitted a v^itten request for a hearing and attached to that email an unsigned letter dated 

November 29, 2010. 

II. 

1. O.W.L. Fly, Inc., hereinafter referred to as "O.W.L. Fly," holds Air Agency 

Certificate No. OW7R981N and operations specifications issued under Part 145 of the Federal 

Aviation Regulations authorizing it to operate as a domestic repair station. 

2. On February 10, 2010, O.W.L. Fly performed ATC Transponders reporting 

equipment tests and inspections required by FAR 91.413 on N56FT, a civil aircraft operated by 

FLIGHT TIME Business Jets, a part 119 certificate holder with the authority to operate under 

part 135. 
3. On February 10, 2010, O.W.L. Fly performed altimeter and altitude reporting 

equipment tests and inspections required by FAR 91.411 on N56FT, a civil aircraft operated by 

FLIGHT TIME Business Jets, a part 119 certificate holder with the authority to operate under 

part 135. 

4. On March 19,2010, O.W.L. Fly performed ATC Transponders reporting 

equipment tests and inspections required by FAR 91.413 on N347MH, a civil aircraft operated 

by FLIGHT TIME Busmess Jets, a part 119 certificate holder with the authority to operate 

under part 135. 

5. On March 19, 2010, O.W.L. Fly performed altimeter and altitude reporting 

equipment tests and inspections required by FAR 91.411 on N347MH, a civil aircraft operated 

by FLIGHT TIME Business Jets, a part 119 certificate holder with the authority to operate 

under part 135. 

6. On March 12,2010, O.W.L. Fly performed ATC Transponders reporting 

equipment tests and inspections required by FAR 91.413 onN63FT, a civil aircraft operated by 

FLIGHT TIME Business Jets, a part 119 certificate holder with the authority to operate under 

part 135. 

7. On March 23,2010, O.W.L. Fly performed altimeter and altitude reporting 

equipment tests and inspections required by FAR 91.411 on N63FT, a civil aircraft operated by 

FLIGHT TIME Business Jets, a part 119 certificate holder with the authority to operate under 

part 135. 

By reason of the foregoing facts and circumstances, O.W.L. Fly violated the 

following sections of the Federal Aviation Regulations (Title 14, Code of Federal 

Regulations); 

a. Section 120.117(c)(l)(ii), in that O.W.L. Fly failed to implement an FAA drug 

testing program no later than the date it started performing safety-sensitive functions for a 

part 119 certificate holder with the authority to operate under part 135. 

b. Section 120.225(c)( 1 )(ii), in that O.W.L. Fly failed to implement an FAA 

alcohol testing program no later than the date it started performing safety-sensitive fiinctions 

for a part 119 certificate holder with the authority to operate under part 135. 

III. 

1. Under 49 U.S.C. §46301, respondent is subject to a civil penalty for each of the 

violations alleged. The maximum penalty per violation is $11,000.00. 

2. Under the facts and circvimstances of this case, a civil penalty of $22,000.00 is 

appropriate. 
Complainant respectfully requests that the administrative law judge enter an order 

that respondent be assessed a civil penalty in the amount of $22,000.00. 

Submitted dii.s--7th^ay of December, 2010. 

ft 

If 

a 

j 'J, 

y^^TEWOR I 

Etegional do\xa5m 

Southweffl^ BjSgipn 

By:^ 

iry S. Lander 

Atte£5eyr"Safe^;:BfSbrcement Branch 

Federm^y^tviarion Administration 

2601 Meacham Blvd., 663 

Fort Worth, TX 76137 

Phone: 817/222-5083 

FAX: 817/222-5945 e-mail: gregory.s.lander®faa.gov 
u CERTIFICATE OF SERVICE 

I certify that the foregoing complaint has been mailed this date by Certified Mail, Return 

Receipt Requested to: 

O.W.L. Fly, Inc. 

c/o Mr. George Treanor Silva, Jr. 

28436 Bonn Mountain 

San Antonio, Texas 78260 

(210)912-9190 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

MarquKia Robinson 

Paralegal Specialist 

Office of the Regional Counsel 

Southwest Region 

2601 Meacham Blvd., 663 

Fort Worth, TX 76137 
OWLFIylnc11_17_2010 

" / Treanor to: Gregory S Lander 12/06/2010 03:27 AM 

From: "Treanor" <gtreanor@satx.rr.com> 

To: Gregory S Lancler/ASW/FAA@FAA 

• Mr. Landers, as the attached states I was never inform about 

been on a Drug Program. I did personally deliver this letter to San 

Antonio FSDO. I was unaware of Hearing Docket. I would be happy to 

Fed EX this letter today. I have proven that I did take two drug test 

recently, and email you both results. I received this letter on 

November 18, (by counting work days) then there was Thanksgivings 

& the day after. That means that my request for an appeal must be by 

December 10, 2010. In my meeting with San Antonio FSDO, last 

Monday, was the l " time I was told of a suspension. I have been work 

this job for over 14 years. The FSDO told me that the RSM manual 

needed work. I have rewritten this manual 3 times over the past 14 

years. I wrote the last one 4 years ago, and turn it in the FSDO, an 

FAA agent did point out some problems (which I corrected) and 

resubmitted, and never was told there was a problem. The FSDO told 

me that once the Manuals are corrected the suspension will be lifted. I 

hired a Aviation Consultant, his name is Carlos Don'e, his number is 

214-597-5300. He has inform me that the Manuals will be done the 

Tuesday December 7, 2010. You can reach me at 210-912-9190 

George Silva. Thank you owLFiyinciij7_20iG.docx 
OWL Fly Inc 

George T Silva 

28436 Bonn Mt. 

San Antonio, TX 78247 

Date: November 29, 2010 

Case No 2010SW9100700 

1. O.W.L. Fly is an Air Agency to operate as a domestic repair station. 

2. On February 10,2010 I was not under any suspension. 

3. I have talked to Flight Time about the above job and again I was not 

under any suspension. 

4. I have talked to Flight Time about this job and again I was not under 

any suspension. 

5. I have talked to Flight Time about this job and again I was not under 

any suspension. 

6. I have talked to Flight Time about this job and again I was not under 

any suspension. 

7. I have talked to Flight Time about this job and again I was not under 

any suspension. 

8. Section 120.117 No One Inform me that I needed to be under a FAA 

Drug Program. Furthermore, I did take a Drug test on 7/07/2010 & 

11/19/2010 

9. Section 120.225 I am under an alcohol program.