Rushmore Helicopter FAA 2010 - 0023 Agency Exhibits 

# Description ID IN 

1 Photo of red Bell Helo - starboard side -.••'\n-wr | IT n^^ ^ ^ 

2 Photo of red Bell Helo - starboard side closeup |'•": V^^A^'^QTAT1^)^! ^ ^ 

3 Rushmore Helo dtd 8/6/09 - 68W, AH - r^^' s-R'oppQiTir):^ ^ ^ ^ 

4 Rushmore Helo dtd 8/6/09-44J, 68W --i' - ^ ' " -^^^^ x x 

5 StaTSDO 20090831 - Leffert-2 pp --,51 pr i „ c; p 2: U-l ^ '^ 

6 FAA Compliance and Enforcement dtd 20071001 - 4 pp / x x 

7 Email 20110419 - dtd 20110419 - 2 pp ' ' x x 

8 ' ; 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

29 
r 
) 

^?tKJ-

^i-xmmtm 

I 

-«'.';•: - « , 

Agency Exhibit 2 A^' ^ <r\\dHZl 

Rushmore HeHcopters, Inc. 

FAA Docket No. CP10GL0002 
ATE 9:^i^^r> ^ 

# / Starts Helicopter »-,.ot 

L-^iL-

^ -XO'-^JL^ 

Rushmore Ground Crew "TX^j; ,v-) 

Weather PQ^- . < <^L . . , ,., 

Begin Time 

\o:S2> 

It'3 0 

End Time Begin lach EndTach 

Ctv~,*c\_^ 

Totai Tach 

_Sp,-•-.^fci^ ,^^ ^ Ij^a^ yi-.l.J fe.;. 

#/Party •|s>o.,»^^H;»=^.,.:,,.,,„.„-„j,:vM_^.::u^g^g ^/..rf.':!:"^—:,' ^ . ^ 

_F|ight # 

OFFICIAL US^QMIY 

ra?r-pt!e?tET NO. Cl-10aij0002 

EXHIBIT 

Hw 
DATE ^^b-p q 

#/Starts Helicopter Pilot 

RUSHMOR" HELICOPTERS 

Begin Time End Time Begin Tach End Tach Total Tach 

i i ^ 3ai (y.'nj? q-UD 

/^^^^-^) L e ^ nriy 

Rushmore Ground Crew ^ f .-HA ^ . j^A /!U n /A.l/\' j 

weather j^^ j U U AA. - . \ i 4 nfV/ A 

#1 Shorty Hop #2 Mt. Rushmore Special #3 Cra^z 

q:::^ ^ 7S ^ i / ^ ^-z-?-
Flight Standards District OfGce 

909 St. Joseph St. Suite 700 

Rapid City, South Dakota 57701 

Sirs: 

August 31, 2009 

GL 

" = • • 

2. 

^ • 

4 

>-

5 

7 

-

D 

ALL 

RAPF 

Iniiiais 

!9. 

no. 

:T;. 

i ' ^ 

113. 

il4 

116. 

!i6 

i (On August 7, 2009, a complaint was filed with FAA regarding a missing fuel cap on the^ 

iBeli 206 B, N2268W that I was flying. I did in fact loose the fuel cap on the afternoon of; 

^Augiist 6, 2009. After discpyering the cap niissing, I shut down the aircraft and searchedl 

for the missing cap, but it w ^ no where to be found. I then contacted Mike Jacobs,' 

(owner of Black Hills Aerial Adventures, to notify him that the fUel cap was missing and' 

(ask his opinion of what I should cfo. Fje suggested that I try to fmd a spare fuel cap in the) 

ihanger adjacent to the Keystone heliport. The previous owner/operator of the Keystonei 

^operation^ores his BeH 47 in the hangei^and has.some spare helicppter parts. ] found 

several fuel caps, but none of them fit the 206. I again called Mike Jacobs, but he wasl_ 

('not available, so^I tap^ oyer the opening and flew the aircn^ frpni Keystone, SD back t^ 

(our prim ^ h^port, located near Crazy Horse, about TO air miles away^ AJfter I landed,' 

'Mike told me diat anotfier fiiel cap was on order and would be arriving by express mail, f 

(did not fly the aircr^ any more that day. 

Black Hills Aerial Adventures does not have a full-time certified mechanic on staff. All 

required maintenance is contracted. As such, no certified mechanic was available to 

determine the necessity of having a fuel cap in place for airworthy flight. However, an 

informal consultation with Bel! Helicopter representatives deemed that the fuel cap is not 

an integral airworthy component of the aircraft, rather it is used to prevent debris from 

entering the fuel cell and reduce the potential for a fuel spill in the event of a dynamic 

rollover or crash. Though not recommended, flying without a fuel cap did not 

necessarily deem the aircraft to be unairworthy. Based on that information, on August 7, 

I flew the aircraft on several flights until confronted by two FAA representatives. They 

stated that flying the aircraft without a fuel cap constituted an airworthyness violation and 

I was not to fly the aircraft without a fuel cap. After the FAA officials left the site, I 

borrowed a fuel cap from our other 206 (which remained on the ground until the fuel cap 

was replaced) and flew the aircraft back to our Crazy Horse heliport. The fuel cap was 

then replaced on the other 206. I did not fly the aircraft any more that day. A 

replacement fuel cap arrived the next day. 

Background 

I provide this information, not to justify or legitimize my actions, but to try to provide a 

perspective on why and how the original complaint from a person or persons unknown 

was initiated. Helicopter tours have been ongoing in Keystone, SD for decades. Several 

years ago, the original owner of the Keystone operation terminated operations. The 

original facilities (ticket office, refueling points, loading/unloading pads, hanger, etc.) 

remained on-site. During the lull, no helicopters flew in or out of the site except periodic 

flights by the original owner in his Bell 47, which he keeps in the on-site hanger. During 

this lull, some local business owners and public apparently assumed that operations at the 

FOR OFFICIAL USE ONLY ^^1^^"^ ^ 

Public availability to be determined under ^J^ ^ 

5U.S.C. Section 552 Agency Exhibi t 5, page 1/2 

Rushmore He l i cop tiers, Inc 

FAA DOCKET NO. r:pinoLnon2 
heliport were permanently terminated. In 2008, Mike Jacobs, owner of Black Hills 

Aerial Adventures, leased the heliport from the original owner, and reinitiated tour 

operations from the site. Some locals objected and Mike Jacobs went out of his way to 

address and rectify local concerns. He adjusted flight patterns in and out of the heliport, 

tried to minimize noise by repositioning helicopters on the pads, not using the "jet" 

helicopters unless needed, and even agreed to terminate operations at a specific time in 

the evening. However, this was apparently not good enough for a small, but vocal group 

of people, who mW apparently settle for nothing less than complete shut-down of the 

operation. They have stated publicly that they will do anything and everything they can 

to ensure shut-down occurs. This small group has objected to the Keystone city council, 

contacted county commissioners and state legislators, and has complained to and 

corresponded with local and Washington DC FAA offices demanding the operation be 

terminated. On August 7,1 was caught in the crossfire as a "target of opportunity" in this 

vindictive vendetta. As stated, this group's sole agenda is to terminate helicopter tour 

operations, regardless of any collateral consequences. 

Mike Jacobs is running a legitimate, safe, tour operation. Inspections by FAA officials 

have found no substantial safety or aircraft airworthyness violations. This single act of 

flying without a fuel cap, though not an intentional violation of FAA rules and 

regulations, falls squarely upon myself as PIC. With the benefit of 20/20 hindsight, I 

would not do it again. 

Robert L Leffert / 

1427 Fetterman Drive 

Colorado Springs, CO 80915 

FOR OFHCIAL USE ONLY 

Public availability to be determined under 

5 U.S.C. Section 552 

Agency Exhibit 5, page 2/2 

Rushmore Helicopters, Inc 

FAA DOCKET NO. CP10GL0002 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

National Policy 

ORDER 

2150.3B 

Effective Date: 

10/01/07 

SUBJ: FAA Compliance and Enforcement Program 

This order coninins policies, pioccdurcs, and guidelines lor llic Federal Avialion Administraiion's 

compliance and cnforcenienl program. The order also arliculaies the FAA's philosophy Tor using 

various rcnicclics. including education, corrcciivc aelioii, in formal action, remedial training, 

administrative action, and legal enforcement action, to address noncompliance with statutoiy and 

regulatory requirements enforced by the FAA. It provides for the public a written statement of the 

Administrator's policy guidance for imposing sanctions for violations of such requirements. 

The order is used at all levels by agency personnel who are engaged in the invesiigaiion. reporting, 

and processing of cnlbreement actions. It applies to all offices with regulatory responsibilities. 

This revision of the order comprehensively updates policies, procedures, guidance, and assignments of 

responsibility. It reorganizes the order in a manner more useful for agency personnel and is available 

electronically to agency personnel and the public. The revision amends agency sanction guidance to 

confonn to statutory changes resulting from Vision lOOCcntury of Aviation Reauthorization Act and 

incorporates guidance into ihc agency's compliance and enforcement program order on policies and 

programs that have tleveloped since the last comprehensive order revision in I9SX. Those include 

policies relating to the FAA's exercise of its aulhorily to administratively assess civil penalties and 

guidance on the agency's voluntary safety programs. 

A workgroup of agency personnel from the Held and headquarters with extensive experience in 

statutory and regulatory enforcement reviewed the agency's policies and programs in this area to 

produce this comprehensive revision of the agency order on its compliance and enforcement program. 

Robert A. Sturg 

Acting Admin 

Distribution: A-\V-I;A-\V (AT/PS/SM)-2;A-\V (PP/AiM/SF/ 

GCIFS/1A/VS)-3;A-.XY2 (A T/AF/CS)-2:Z-X (AS/AM/GC/FS)-3: 

A-V (AM/AR1GC)~3;A-Z (AiVI/AN/GC)-3;A-FAC/FACIFCS-0; 

A-F AF/FA T/FIA-0{L TD);ZFS-325 

Initiated By: AGC-300 

Agency Exhibit 6, page 1/4 

Rushmore Helicopters, Inc 

FAA DOCKET NO. CP10GL0002 
10/01/07 2150.38 

Appendix B 

Table of Sanctions 

.All Enforcement Programs 

Fxcept Hazardous Materials 

Part One - Abhroviati(ms and Definitions 

1. Applicability, 'fhis table of sanctions applies to violations thai occuned on or after 

October 1, 2007. For violations occuiring before October I. 2007, FA.A enforcement personnel 

apply the sanction guidance principles in FAA Order 2150.3A using up to the statutory 

maximum sanction amount in effect at the time of the violation. 

2. Abbreviations. The following abbreviations are used in this Tabic: 

APIS means approved production inspection system 

A/IV means airworthiness 

.'J/yCmcans airworthiness ccrtiricaic 

BTS means Under Secretaf>' for Border and Transportation Security 

/// means inspection authorization 

LE means law enfotcement 

PC means production certificate 

S7'C means supplemental type certificate 

TC means type certificate 

TFR means Temporai-y Flight Restriction 

TSA means Transportation Security Administration 

3. Definitions: 

a. A cuniiiniing violation arises when a specific violation occurs over more than one day 

or over more than one llight. It also may involve a violation that is ongoing, /(jr example, an 

ongoing refusal to provide reciuired records to the FAA for inspection. Pimitive sanctions are 

appropriate for continuing violations that are not currently ongoing. Sanction guidance for 

these violations is set forth in paragraphs 6 and 7 {nuilliple acis or miiliiple violaiions) of 

chapter 7. A combination of punitive and remedial sanctions is appropriate when continuing 

violations are ongoing. 

b. Violation committed by a small hu.si/iess concern. Section 503 of Vision 1 UO---Century 

of Aviation Reauthorization Act (CARA) amended 49 U.S.C. ^ 46301 to change the civil 

penalty amounts the FAA may seek for violations that occur on or after December 12. 2003; 

the law sets different limits on the civil penalties the FAA may seek for violations by .small 

hiisine.\s concerns, as oppO-sed to violations by other entities. Vision 100 CARA gives small 

business concern the same meaning as in the Small Business Act {15 U.S.C. § 632). Section 

632 dellnes small bifsiness concern as an enterj^rise ''which is independently owned and 

operated and which is not dominant in its Held of operation." The Small Business 

Administration regulations implement the Small Business Act and define business concern as 

Agency Exhibit 6, page 2/4 

Rushmore Helicopters, Inc 

^"'' FAA DOCKET NO. CP10GL0002 
10/01/07 2150.3B 

Small Business Concern (for violations covered under 49 U.S.C. § 4630l(a)(!)(A) or (B) but 

not under 49 U.S.C. i^ 46301(a)(5)(A)): 

Maximum $750-$l.l00 

Moderate $450-5749 

Minimum $250 $449 

(5) VIOLATION COMMITTED BY AIRPORT OPI^RATOR. 

Large Business Concern: 

Maximum $18,750-$25,000 

Moderate $10,000-$ 18,749 

Minimum $2,000-59,999 

Small Business Concern (for violations covered under 49 U.S.C. ij 46301(a)(5)(A)): 

Maximum $8,250-$ 1 1,000 

Moderate $4,400-58.249 

Minimum $1,10()-S4J99 

Small Business Concern (for violations covered under 49 U.S.C. § 46301(a)(1)(A) or (B) but 

not under 49 U.S.C. ;< 46301(a)(5)(A)): 

Maximum $850-$ 1,100 

Moderate $650-5849 

Minimum $500 $649 

(6) LARGF BUSINI^SS CONCERN - DOES NOT HOLD CERTIFICATE 

Maximum $18.750-$25,000 

Moderate SI 0,000-$ 18,749 

Minimum $2,000-59,999 

(7) S.MALL BUSINESS CONCERN - DOES NOT HOLD CERTIFICATE 

For violations covered under 49 U.S.C. § 46301(a)(5)(A): 

Ma.ximum $4,400-$ I LOOO 

Moderate $2,200-54,399 Agency Exhibi t 6, page 3/4 

Minimum $550-52,199 Rushmore Helicopters, Inc 

FAA DOCKET NO. CP10GL0002 

B-6 
10/01/07 2150.3B 

IM^ . B-2-e. Other provisions applicable lo individual 

certillcalc holders cont. 

(b) Lack of type rating 

(c) Missed proHciency check or line check 

(d) Lack of current experience 

(e) Failure lo have current airman or medical 

certificate in possession 

(t") Lack of initial or recurrent training 

(g) Operation with known disqunlitving disabililv 

(i) Operating wiihoni valid medical certificate when not 

medically qualilled or application for medical ccrtillcate 

deferred 

Civil Penalty 

Minimum to Moderate 

Certificate 

Action 

1 so-day 

Suspension 

to 

Revocation 

30- to yO-day 

Suspension 

30- to 90-day 

Suspension 

30- to 90-day 

Suspension 

Revocation 

Revocation 

Fig. B-2-r. Other Air Carrier Personnel 

(1) Failure to keep manual current 

Civi l Penalty 

Minimum 

Certificate 

Action 

30- to 90-day 

Suspension ] 

3. INDIVIDUALS AM) GKNKRAL AVIATION - OWNKRS. PILOTS, REPAIR STATIONS, 

PILOT .SCHOOLS, MAINTKNANCF PLRSONNKL. 

Fig. li-3-a. Owners and Operators Other Than Required 

Ciewinembers 

(!) Failure to compiv with airworthiness directive 

(2) I'aihirc lo pcrfonn or improper perfonnance of 

maintenance, inchidiniz required maintenance 

(3) Failure to make proper entry in aircraft ion 

(4) Operation o1 aircraft beyond annual. 100-houi. or 

progressive inspection 

(5) Operation of unaiiworiliy aircrafi 

(6) Inteniionally false or tVauduleni entry, reproduction, or 

alteration in any record or report 

Civil Penalty 

Moderate lo Maximum 

Moderate to Maximum 

Minimum to Moderate 

Miniinimi to Moderate 

Motlerate to Maximum 

Maximum 

Certil'ieatc 

.Action 

Revocation 

Fi;:. H-3-b. Repair Station.s 

(1) Failure to provide required facilities 

mamtenanee, repair, or inspection 

for proper servicing, 

Civil Penalty 

Moderate to Maximum 

Certificate 

Action 

Indefinite 

Suspension 

until 

compliance 

to 

Revocation 

B-20 

Agency Exhibit 6, page 4/4 

Rushmore Helicopters, Inc 

FAA DOCKET NO. CP10GL0002 
Re: Attn: Tony Dicf<ei^on <PSE Request no: 2011040775-1 > 

pselight to: Gary F Kwasniewski 

Cc: "Gunderson, Paul (CSR)" 

Please respond to "pselight" 

04/19/2011 10:05 AM 

Hello Gary, 

In regards to your query concerning airworthiness and safely issues when conducting 

flight operations of a Bell model 206B with fuel filler port covered with duct tope in lieu 

of on approved fuel cap, we offer the following: 

The fuel filler cop assembly is an essential (as opposed to optional) component linked to 

the Bell Helicopter model 206 engineering top drawing. 

Bell Helicopter believes that if flight operations ore performed when the Helicopters 

does not hove on approved fuel filler cop installed, the safety of the helicopter and it 

occupants is compromised and we consider the Helicopter is an an unair/zorthy 

condition. 

If we can provide any additional information, please advise, 

Anthony C. Dickerson 

Product Support Engineering 

Canada : 800.361.9305 

U.S. only: 800.363.8023 

Tel: 450.971.6407 

Fax: 450.433.0272 

pseliqht@bellhelicot3ter.iextron.com 

NOTICE: This E-mail (including attnchnients) is covered by both Canadian and U.S. law, including but not limited 

to the Electronic Communications Privacy Act. 18 U.S.C. §§ 2510-2521, is confidential, may coniain proprietary 

infomiation, and may be legally privileged. If you are not the intended recipient, you are hereby notified that any 

retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the 

sender that you have received the message in error, and then delete it. Thank you. 

-Original MessageFrom: 

Sent: 

To: 

Cc : 

Subject: 

Gary.F.Kwasniewski@faa.gov 

MONDAY , APRIL 18, 2011 12:40 PM 

pselight 

Attn: Tony Dickerson Agency Exhibit 1, page 1/2 

Rushmore Helicopters, Inc 

FAA DOCKET NO. CP10GLQ002 
Tony: 

As per our earlier phone conversation, I would like to know the position Bell 

Helicopter has concerning the airworthiness and safety Issues of operating a Bell 

Model 206B with the fuel port covered with "duct tape" 

instead of Its standard fuel cap. 

Thank you with your assistance In this matter. 

Gary F. Kwasniewski 

FAASTeam Program Manager (Airworthiness ND/SD) 

3501 5th Street 

Rapid City, SD 57701-6000 

605-737-3030 

605-737-3069 (Fax) 

The Great Lakes Region FAA Safety Team (FAASTeam) values your input. We 

would appreciate your feedback using the following link: 

http://www.fQa.qov/about/office org/headauarters offlces/avs/stokeholder fe 

edback/gfs/field/ 

imageOOl .gif 

Agency Exhibit 7, page 2/2 

Rushmore Helicopters, Inc 

FAA DOCKET NO. CP10GL0002 
Rushmore FAA 2010 0023 Respondent's Exhibit Unt 

Description tD IN 

1 Diagram of fuel vent for liefl x x 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

^12-

13 

14 

15 

16 

17 

18 

19 

20 

/ 

/ 
Fuel system dcseriptiun 

The fuel system on the Bell 2()6 H Long Ranger is similar to thai on the smaller Jet Ranger in that 

the main fuel tank is integral with the rear passenger bench scat However, the system capacity is 

greater on the B206L-I as two additional fuel tanks are located beneath the cabin forward seats. 

The main lank capacity is 76 US gallons and each forward tank is 11 US gallons, giving a total 

capacity of 98 US gallons. On N206DD this capacity had been further increased to 110 US gallons 

by the installation of the tiller neck 'range extender' modillcation. 

FULL PflCiSun r r.ACE 

LNGiivC 

reC L OUAHlll f lUAMSI.MlU U 

.'. I il M 

RIGHT FUE L CCL L 

VCrjT (TOf) FtLLER CAP-f ( 1 f-o 

ruci. F'HCSSunL Tn.i;ii,[iuC! 

AT r rui:L crui. 

UUAL fLE.MCtJT EJi:CIOn Cljf.'.P 

fflOllCNILncOfJfJCCT TUPE' 

'—1_ \ / J—'i-^nuA L tLf-.'.'.f.N; 

I (CLt.C'MlCl 

-TMER:.'.''- L HELtEF VAi •.'!:$ 

rNi.iME FUE L riLTE« s 

ANDCHECK VALVCS 

VEfir iTOf) 

LEF7 FUEL CELL 

Fuel system schematic 

Fuel is transferred from each forward cell into the main fuel tank by the action of a dedicated dual 

element ejector (jet) pumR.pow.cred,j;cspectively, by fuel under pressure from the output side of the 

lefl and right fuel boostjumps sited on the floor of the main tank. These fuel bleeds are passed 

:thrmigirwirc~mesh'fiiicrs/chcck valves upstream of the jet pumps and are sensed by flow switches.^ 

Loss of the fuel flow is indicated to the pilot by the respective boost pump warning light. Thus i f 

the fuel pumps were to fail, or the supply in the main tank becomes exhausted, then these lights 

should illuminate. Fuel quantity in the main and additional tanks is measured using capacitive type 

sensors, their outputs being summed and presented as a total quantity on a single gauge on the 

instrument panel. As the forward tanks are interconnected, the single probe fitted to the lefl forward 

tank normally senses the quantity in both forward tanks. 

Wreckage examination 

/ 

zxiWi^Hzy