Southern Region U.S. Department ofTransportation Office of the Regional Counsel Federal Aviation Administration



## MAY .2

..9

# .zm CERTIFIED- RETURN RECEIPT REQUESTED Hearing Docket Clerk FAA, AGC-430, Suite 2Wl000 Wilbur Wright Building 800 Independence Avenue, SW Washington, DC 20591 Re: In the Matter ofComair Inc. FAA Case No. 20llS0271015 P.O. Box 20636 Atlanta, Georgia 30320 (404) 305-5200 (404) 305-5223 FAX 

# RECEIVED JUN 01)014 

## HEARING DOCKET

Enclosedherewithplease find a copy ofa request for hearing and the original and one copy of the Complaint inthe above-referencedproceeding. The FAA requests that the hearing inthis matterbe held in the Atlanta, Georgia area, and expects that the hearing will last two days. Please address all communications for the FAAto the undersigned, at: Federal AviationAdministration Office ofthe Regional Counsel, AS0-7 Southern Region 1701 ColumbiaAvenue College Park, GA 30337 Telephone: (404) 305-5200, facsimile (404) 305-5223.

CHRISTOPHERR. STEVENSON Attorney Office ofthe Regional Counsel Enclosures

# SILVERBERG 

# GOLDMAN& 

# BIKOFF, t.L.P. ATTORNEYS AT LAW

VIAFEDEX Federal Aviation Administration 600 Independence Avenue, S.W. Wilbur Wright Building Suite 2W1000 Washington, D.C. 20591 GEORGETOWN PLACE • Surnl20 • 1101 30TH STREET, NW • WASHINGTON,D.C 20007 VOICE (202) 944-3300 • FACSIMILE (202) 944-3306

May 21,2014

(Attention: Hearing Docket Clerk, AGC-430) Re: Request for Hearing ofComair, Inc. FAA Case No. 2011S0271015 Dear Sir or Madam: Pursuant to §13.16(g)(2)(ii) ofthe Federal Aviation Regulations, the undersigned counsel for Comair, Inc. ("Comair") hereby requests a hearing in accordance with the procedures of Subpart G of Part 13 of the Federal Aviation Regulations. A copy of the Final Notice of Proposed Civil Penalty being appealed by Comair is attached hereto. A copy ofthe Request for Hearing has been served by e-mail and first class mail upon Christopher R. Stevenson, attorney for the FAA inthis matter. Also enclosed is an additional copy of the Request for Hearing and a pre-addressed, postage paid envelope. Please date-stamp the additional copy and return it to our office in the enclosed envelope. Very truly yours, SILVERBERG, GOLDMAN & BIKOFF, LLP

EnclosuresU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS FEDERAL AVIATION ADMINISTRATION

FEDERAL AVIATION ADMINISTRATION, Complainant,

vs. Comair, Inc. Respondent. FAADocketNo.

## ~\L\ 

# ·**0~\ ~**  Judge

JUDGE NOT YETASSIGNED COMPLAINT TheFederal AviationAdministration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: I. 1. On May 7, 2014, Respondent, Comair, Inc. was advisedthrough a FinalNotice of Proposed Civil Penalty thatthe FAAproposedto assess a civil penalty in the amount of $170,000. OnMay21, 2014, the Agency Attorney received a writtenrequest for a hearing from the Respondent. II. 2. At all times material herein Comairwas the holder ofAir Carrier Certificate No. COMA005B. 3. a. Comair's Operations Specifications approve its Ground De-icing/Antiicing Program.b. Comair's approved Ground De-icing/Anti-icing Program Manual requires that personnel complete the AUDICE training class before engaging in de-icing/anti-icing activities on Comair aircraft. 4. a. On or about the following dates, Comair operated the following civil aircraft onPart 121 flights originating from NorthwestArkansas Regional Airport.

### b. De-icing/anti-icing was performed pnor to each flight by the listed individual. Date Registration Number Individual Performing De-Icing/Anti-Icing 10/29/2010 N685BR Brad Highbee 12/25/2010 N781CA Greg Bilby 12/25/2010 N685BR Greg Bilby 01/10/2011 N588SW Greg Bilby 01/10/2011 N969CA Greg Bilby 02/20/2011 N959CA MarkLawrence 02/04/2011 N960CA Perrin Blount 02/04/2011 N739CA Chris Whitaker 02/04/2011 N812CA Shane Deason 02/06/2011 N784CA Greg Bilby 02/07/2011 N809CA Greg Bilby 5. In each instance, the de-icing/anti-icing was performed by personnel who had not completed the AUDICE training class. 6. The operation of each of the listed flights

- including dispatch, release, and/or takeoff- did not comply with Comair's approved ground de-icing/anti-icing program. 7. The operation of the above flights was in violation of Comair's operations specifications.

III. 

### 8. As aresult, Comair violated the following sections ofthe Federal Aviation Regulations:

a. Section 119.5(1) in that no person may operate an aircraft under this part, part 121 ofthis chapter, or part 135 ofthis chapter in violation ofan air carrier operating certificate, operating certificate, or appropriate operations specifications issued under this part. b. Section 121.629(c) in that except as provided in paragraph (d) of this section, no person may dispatch, release, or take off an aircraft any time conditions are such that frost, ice, or snow may reasonably be expected to adhere to the aircraft, unless the certificate holder has an approved ground deicing/anti-icing program in its operations specifications and unless the dispatch, release, and takeoffcomply with that program.9. Pursuantto 49 U.S.C. Sections 4630l(a)-(d), Respondent is subjectto a civil penalty notto exceed $25,000 for each oftheviolations alleged. 10. Under the facts and circumstances ofthis case, a civil penalty of$170,000 is appropriate. WHEREFORE, the Agency, by counselrespectfully requests that the Administrative Law Judge enter an order that Respondent be assessed a civil penalty inthe amount of$170,000. }'-"'\. Respectfully submittedthis 

# ?--<=-t day ofMay, 2014.

# §~t-"-\

# - CHRISTOPHERR. STEVEiJSON Attorney Office ofthe Regional Counsel

PLEASE NOTE: Pursuantto Title 14 CFR Section 13.209(a), you are required to file a written answerto tbis Complaint, or a written Motionto Dismiss ifappropriate, not later than 30 days after the date shown onthe Certificate ofService which follows.CERTIFICATE OF SERVICE I hereby certifythat a copy ofthe foregoing Complainthas been mailed this date by Certified Mail, ReturnReceipt Requested, to the following: Hearing Docket Clerk FAA, AGC-430, Suite 2W1000 Wilbur WrightBuilding 800 Independence Avenue, SW Washington, DC 20591 Comair Inc Ryan Gumm, VP ofFlight Operations Comair Inc. 82 Comair Blvd. Erlanger, KY 41018 DeltaAir Lines Inc. James McClain P.O. Box 20706 Dept 982 Atlanta, GA 30320 RobertP. Silverberg, Esq. 1101 30th Street, NW, Suite 120 Washington, DC 20007

Dated (original + 1 copy)