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 Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

ATTN: HEARING DOCKET CLERK 

1 Aviation Plaza 

Jamaica, NY 11434 

RECEIVED 

JAN 2 3 20f2 

HEARING DOCK!T 

Re: In the Matter of Brendan Airways, LLC 

Docket No. 2011EA170024 

No( j;t.ta/ude:L _/ __ Enclosed herein please find a copy of ajiequest for hearinynd the original and one 

copy of the FAA's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the 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 of Zachary M. Berman, Office of the Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

ZacharyMBe 

~h~ 

Attorney 

Enclosures 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

In the Matter of Brendan 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 FAA proposed to assess a civil penalty in the 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 of Air 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 supplemental 
operations 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 N263A V (hereinafter "the aircraft") on four 

supplemental Part 121 flights, which in total exceeded eight hours. 

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 on three supplemental Part 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. 

2 
III 

By reason of the foregoing facts and circumstances, Respondent violated the 

following section(s) of the 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 or that person's representative. 

IV 

1. Pursuant to 49 U.S.C. §4630l(a)(l), Respondent is subject to a civil penalty not to 

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 each of the violations alleged. 

2. Under the facts and circumstances of this case, a civil penalty of $37,000 is 

appropriate. 

3 
WHEREFORE, the FAA, by counsel, respectfully requests that the 

Administrative Law Judge enter an order that Respondent be assessed a civil penalty 

in the amount of $37,000. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Zachary M~an 

~~ Attorney 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (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 

later than 30 days after the date shown on the Certificate of Service. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 

4 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been placed this date in the United 

States mail, postage prepaid, by Certified Mail - Retnm Receipt Requested addressed 

as follows: 

Jason Dickstein 

Washington Aviation Group 

2233 Wisconsin Avenue, N.W., #503 

Washington, DC 20007 

Federal Aviation Administration (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 / 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

Date: ______ _ 

Maryann Mignone 

Legal Technician 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

5 
RECEIVED 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION JAN 2 3 2012 

OFFICE OF HEARINGS HEARING DOCKET 

WASHINGTON, D.C. 

In the Matter of Brendan Airways, LLC 

2011EA170024 

Judge Not Assigned 

NOTICE OF APPEARANCE 

Complainant, Federal Aviation Administration, hereby notifies the United States 

Department of Transportation, Office of Hearings, 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 

respectfully requested to be forwarded as follows: 

Zachary M. Berman 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Zachary M. ~erhlan 

Attorney 

Dated:_"-'[ /~fo+/"-f 1 __ 
CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing Notice of Appearance were 

placed in the United States mail, postage prepaid, Certified Mail - Return Receipt 

Requested addressed as follows: 

Jason Dickstein 

Washington Aviation Group 

2233 Wisconsin Avenue, N.W., #503 

Washington, DC 20007 

Federal Aviation Administration (Original and one copy) 

800 Independence A venue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

/ ' 

Date·. __ '+//+;-'-';+./'+~-' , ; , : r V __ · - i. r, Maryann Mignon(:) 

Legal Technician 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434 

2