U.S. Department Southern Region 

of Transportation 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 of Comair 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 

Enclosed herewith please find a copy of a request for hearing and the original and one copy of 

the Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in the Atlanta, Georgia area, and 

expects that the hearing will last two days. 

Please address all communications for the FAA to the undersigned, at: 

Federal Aviation Administration 

Office of the Regional Counsel, AS0-7 

Southern Region 

1701 Columbia Avenue 

College Park, GA 30337 

Telephone: (404) 305-5200, facsimile (404) 305-5223. 

CHRISTOPHER R. STEVENSON 

Attorney 

Office of the Regional Counsel 

Enclosures 
SILVERBERG 

GOLDMAN& 

B IKO FF, t.L.P. 

ATTORNEYS AT LAW 

VIAFEDEX 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building 

Suite 2W1 000 

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 of Comair, Inc. 

FAA Case No. 2011S0271015 

Dear Sir or Madam: 

Pursuant to §13.16(g)(2)(ii) of the 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 of the Request for 

Hearing has been served by e-mail and first class mail upon Christopher R. Stevenson, attorney 

for the FAA in this 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 

Enclosures 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION 

FEDERAL AVIATION ADMINISTRATION, 

Complainant, 

vs. 

Comair, Inc. 

Respondent. 

FAA Docket No. ~\L\ · 0~\ ~ Judge 

JUDGE NOT YET ASSIGNED 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as follows: 

I. 

1. On May 7, 2014, Respondent, Comair, Inc. was advised through a Final Notice of 

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

$170,000. On May 21, 2014, the Agency Attorney received a written request for a hearing from 

the Respondent. 

II. 

2. At all times material herein Comair was the holder of Air 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 on Part 121 flights originating from Northwest Arkansas 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 Mark Lawrence 

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 a result, 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 of this chapter, or part 135 of this chapter in violation of an 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 takeoff comply with that program. 
9. Pursuant to 49 U.S.C. Sections 4630l(a)-(d), Respondent is subject to a civil 

penalty not to exceed $25,000 for each ofthe violations alleged. 

10. Under the facts and circumstances of this case, a civil penalty of$170,000 is 

appropriate. 

WHEREFORE, the Agency, by counsel respectfully requests that the Administrative Law 

Judge enter an order that Respondent be assessed a civil penalty in the amount of $170,000. 

}'-"'\. 

Respectfully submitted this ?--<=-t day of May, 2014. 

§~t-"-\ - CHRISTOPHER R. STEVEiJSON 

Attorney 

Office of the Regional Counsel 

PLEASE NOTE: 

Pursuant to Title 14 CFR Section 13.209(a), you are required to file a written answer to tbis 

Complaint, or a written Motion to Dismiss if appropriate, not later than 30 days after the date 

shown on the Certificate of Service which follows. 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing Complaint has been mailed this date by Certified 

Mail, Return Receipt Requested, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W1000 

Wilbur Wright Building 

800 Independence Avenue, SW 

Washington, DC 20591 

Comair Inc 

Ryan Gumm, VP of Flight Operations 

Comair Inc. 

82 Comair Blvd. 

Erlanger, KY 41018 

Delta Air Lines Inc. 

James McClain 

P.O. Box 20706 Dept 982 

Atlanta, GA 30320 

Robert P. Silverberg, Esq. 

1101 30th Street, NW, Suite 120 

Washington, DC 20007 

Dated 

(original + 1 copy)