U.S. Department of Transportation Federal Aviation Administration ! i 

### 7 Eastern Region Regional Counsel Telephone: 718 553-3258 Facsimile: 718 995-5699
CERTIFIED MAIL

- RETURN RECEIPT REQUESTED Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing DocketClerk, AGC-430 WilburWright Building- Room 2014 ATTN: HEARINGDOCKETCLERK 1 Aviation Plaza Jamaica, NY 11434 

# RECEIVED JAN 23

# 20f2 

# HEARING DOCK!T

Re: Inthe Matter of BrendanAirways, LLC DocketNo. 2011EA170024 

# No(j;t.ta/ude:L _/
__ Enclosed herein please find a copy of ajiequest for hearinyndthe original and one copy of the FAA's Complaint in the above-entitled action for filing, together with proofofservice upon the Respondent. The FAArequests that the hearing inthis matter be held inthe Phi1adephia, P A area, and expects that the hearing will last one (1) day. Please address all communications for the Federal Aviation Administration to the attention ofZachary M. Berman, Office ofthe Regional Counsel, 1 Aviation Plaza Jamaica, NY 11434. Sincerely, Alfred R. Johnson, Jr. Regional Counsel
By:

# ~h~ ZacharyMBe Attorney EnclosuresU.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.
In the Matter ofBrendan Airways, LLC 2011EA170024 Judge Not Assigned
COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: I Respondent, Brendan Airways, LLC, was advised through a Final Notice of Proposed Civil Penalty that the FAAproposed to assess a civil penalty inthe amount of $37,000. On December 27,2011, Respondent submitted a written demand for a hearing. II 1. Brendan Airways, LLC (hereinafter "Brendan Airways") IS the holder ofAir Carrier Certificate No. U30A762J. 2. At all times relevant herein, Brendan Airways was authorized under its operations specifications to conduct non-scheduled (supplemental operations). 3. At all times relevant herein, under its operations specifications, Brendan Airways was required to conduct its supplementaloperations in accordance with the Federal Aviation Regulations pertaining to supplemental operations. 4. On or about November 30, 2010, starting at approximately 12:00 noon and concluding at approximately 12:40 a.m. on December 1, 2010, Brendan Airways had two of it pilots, Randal Kulp (as pilotin-command) and William Pearce (as second-in-command) (hereinafter "the two pilots"), fly an Airbus A320214 aircraft, identification number N263AV (hereinafter "the aircraft") on four supplemental Part 121 flights, which in total exceeded eighthours. 5. The four flights referenced in Paragraph (4), above, were, in chronological order, from Norfolk Naval Air Station (KGNU) to Jacksonville Naval Air Station (KNIP); from KNIP to Guantanamo Naval Air Station (MUGM); from MUGM to KNIP; and from KNIP toKGNU. 6. On or about December 1, 2010, starting at approximately 11:05 am and concluding at approximately 5:25 p.m., Brendan Airways had the two pilots fly the aircraft onthree supplementalPart 121 flights. 7. The four flights referenced in Paragraph (6), above, were, in chronological order, from NGU to Port Columbus International Airport, Columbus, Ohio (CMH); from CMH to Raleigh-Durham International Airport (RDU); and from RDU to Philadelphia International Airport, PA. 8. The two pilots had fewer than 16 hours of rest between the flights referenced in Paragraph (4), above, and the flights referenced in Paragraph (6), above. 9 Brendan Airways thus failed to ensure that each pilot who has flown more than eight hours during any 24 consecutive hours be given at least 16 hours of rest before being assigned to any duty with the certificate holder.

2III By reason of the foregoing facts and circumstances, Respondent violated the following section(s) ofthe Federal Aviation Regulations:
a. Section 119.5(g), which states that no person may operate as a direct air carrier or as a commercial operator without, or in violation of, an appropriate certificate and appropriate operations specifications. No person may operate as a direct air carrier or as a commercial operator in violation of any deviation or exemption authority, if issued to that person orthatperson's representative.
IV

1. Pursuantto 49 U.S.C. §4630l(a)(l), Respondent is subject to a civil penalty notto exceed $25,000 for each of the violations alleged, or, for a small business concern, pursuant to 49 U.S.C. §46301(a)(5), Respondent is subject to a civil penalty not to exceed $11,000 for eachofthe violations alleged. 2. Under the facts and circumstances of this case, a civil penalty of $37,000 is appropriate.

3WHEREFORE, the FAA, by counsel, respectfully requests that the Administrative Law Judge enter an order that Respondentbe assessed a civil penalty inthe amount of $37,000. Respectfully submitted, AlfredR. Johnson, Jr. Regional Counsel

By:

# ~~ Zachary

### M~an Attorney FederalAviation Administration 1AviationPlaza Jamaica, NY 11434 718 553-3258 718 995-5699


### NOTE: The Rules of Practice for this proceeding are set forth in 

### Part 13, SubpartG, 

### oftheFederalAviationRegulations (14 

### C.F.R. Part 13). 

### The Rules of Practice provide that Respondent must file a written answer to this Complaint, or a written Motion to Dismiss if appropriate, not laterthan 30 days after the date shown onthe Certificate ofService. A general denialis deemed a failure to file an answer (Section 13.209(e)).

4CERTIFICATE OF SERVICE I hereby certify that the foregoing Complaint has been placed this date in the United States mail, postage prepaid, byCertifiedMail

- RetnmReceiptRequested addressed as follows: JasonDickstein Washington Aviation Group 2233 Wisconsin Avenue, N.W., #503 Washington, DC 20007 FederalAviation Administration (Original and one copy) 800Independence Avenue, S.W. Washington, D.C. 20591 / Attn: Hearing DocketClerk, AGC-430 WilburWright Building- Room 2014

Date:
______ _ MaryannMignone LegalTechnician FederalAviation Administration Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434

5

# RECEIVED U.S. DEPARTMENT OFTRANSPORTATION

FEDERALAVIATION ADMINISTRATION 

### JAN 232012 OFFICE OF HEARINGS 

## HEARING DOCKET

WASHINGTON, D.C. In the Matter ofBrendan Airways, LLC 2011EA170024 Judge NotAssigned
NOTICE OF APPEARANCE Complainant, Federal Aviation Administration, hereby notifies the United States Department ofTransportation, Office ofHearings, and the Respondent, pursuant to 14 C.P.R. §13.204(b), that it shall be represented in the above-stated action by the attorney listed below. All communications, notices, pleadings or documents are respectfullyrequested to be forwarded as follows: ZacharyM. Berman Federal Aviation Administration Office of Regional Counsel 1AviationPlaza Jamaica, NY 11434 Telephone: 718 553-3258 Facsimile: 718 995-5699 Respectfully submitted, Alfred R. Johnson, 

### Jr. Regional Counsel

By: ZacharyM.

### ~erhlan Attorney Dated:_"-'[

# /~fo+/"-f1

__CERTIFICATE OF SERVICE I hereby certify that on this day copies ofthe foregoing Notice ofAppearance were placed in the United States mail, postage prepaid, Certified Mail

- Return Receipt Requested addressed as follows: JasonDickstein WashingtonAviation Group 2233 Wisconsin Avenue, N.W., #503 Washington, DC 20007 FederalAviation Administration (Original and one copy) 800Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building- Room 2014 

## / ' Date·.__

# '+//+;-'-';+./'+~-' V
__ ·- , ; , : r i. 

### r, Maryann Mignon(:) Legal Technician Office ofRegional Counsel 1Aviation Plaza Jamaica, NY 11434

2