0 8/0 1/2 0 12 1 0 : 13 FA X 2 0 2 4 9 3 514 2 

U.S. Department 

of Tra~nation 

Federal Aviation 

Adminisbation 

MAY 17 201Z 

---· 

FAA 

Eastern Region 

Regional Counsel 

Telephone: 7113 553-~256 : 't 1 .. ! 

Facsimile: 718 995-5699'· · · ' · 

~ OMS 141001/010 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence A-venue, S.W. 

RECEIVED W~hington, D.C. 20591 

Atln: Heariqg Docket Clerk, AGC~430 

Wilhur Wright Building- Room 2014 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter ofHeloair, Inc. 

Docket No. 20 11EA2I 0081 

MAY 2 3 2DtZ . 

HEARING DOCKET 

aotJ- fJ'-17~ 

Enclosed herein p1ease find a copy of a request for hearing and 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 F M requests that the hearing in this matter be held in the Richmond, VA, and 

expects that the hearing will last one (I) day. 

Please address all communications for the Federal A vi.ation Administration to the 

attention of Zachary M. Bennan, Office of the Regional Counsel, 1 A\jiation Pla:m 

Jamaica, NY 11434. ( 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: ~~~(p-. Zachary >Betnan - Attorney 

Enclosures 

cc: -23_0(~)/230(b )/--FSDO 
06/01/2012 10:13 FAX 2024935142 FAA + OMS 

Rt:gional Counsel for the l:!:mcm Regio11 

Fcderdl Aviarion Adminisrration 

1 Al.iationPw 

Jamaica, NY 11434 

Helo:lir, fnc.- Z011EA210081 

Subject: final Notice of Pt9poscd Civil Penn!ty 

Resoon.~c Arra~bmcnt 

ln reply to your Fin;~l Notice of Proposed Ci "il Penal!)' Heloair, Inc. decrs ro proceed a.~ illdicared by it.~ check mark besiQe rhe numbered paragro~pb below: 

1. (_..) Hclooir. Inc. liereby submits I he amounr of the proposed civil penalty with the under~tanding tha[ an Order Assess ins Civil 

Penalty will be issued in 111'11 amounr. · 

2. (~ li<llo~ir, I11c. hereby requcsL~ a formnlheuing In accordance with Section 13.16 of the li'ederal Aviarion Regulations. 

By ~e11dlng 1hls form to lht l<'ederal Aviation AdminiiiQ-aU0n, Eastern R.eglon, Hcloalr, Inc. 

~lso hereby certiJi~'!l tb<U a cr>py of rhls form h:u l>een filed whb rhe Hearing Docket C.:Ierll; 

(He.1rlng Docl(et, Fedtr:al Aviolion Administration, 800 lndepe11deoc:e Avenue, S.W., aoom 924A, Washin~ton, DC 205!1l, Atlention: fleurin; Docltet Clerk). 

A 'ITORNEYIREPRESl':NTATlVE 

Name: tv h.§~ f-irm: ~· ;: ~ Address: ~ (;J;G:\.""' r....o •. J/ 

Phone No. _ _:____ -'2-(;. ... J ~ 

~ 002/010 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HE.AR.mGS 

WASHINGTON, D.C. 

In the Matter of Heloair, Inc. 

2011EA210081 

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, Heloair, was advised through a Final Notice of Proposed Civil Penalty 

that the FAA proposed to assess a civil penalty in the amount of $33,000. On May 9, 

2012, Respondent submitted a written demand for a hearing. 

II 

1. At all times relevant herein, Heloair, Inc.. was the holder of Air 

Carrier Certificate No. RW8A341W. 

2. At all times relevant herein, Heloair, Inc., maintained and operated a 

Bell 427 aircraft, identification number N7NU (hereinafter "the 

aircraft"). 

3. On or about July 20, 2011, Heloair, h1c .• perfonned maintenance on 

the aircraft. 

4. Specifically, Heloair, Inc., installed a Gannin GPS 496. 

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5. The Garrnin GPS 496 was a portable electronic device. 

6. The wiring associated with the installation of the Gannin GPS 496 

failed to meet the requirements of 14 CPR Section 27.1365. 

7. In installing the Gannin GPS 496, Heloair, Inc., did not test the 

device to determine that it would not cause interference with the 

navigation or communication system of the aircraft on which it 

would be used. 

8. On or about July 20, 2011, an inspector of the Federal Aviation 

Administration advised Heloair, Inc., that installation of the Gamrin 

GPS 496 may be contrary to the Federal Aviation Regulations. 

9. Notwithstanding the above, Heloair, Inc., released the aircraft for 

return to service when the aircraft was not in an airworthy condition, 

in· that the wiring associated with the Garmin GPS 496 was 

improperly installed and the device had not been tested to detennine 

that it . would not cause interference with the naviga.tion · or 

communication system of the aircraft on which it would be used. 

10. Heloair, Inc., thus performed maintenance on an aircraft and failed to 

use the methods, techniques, and practices prescribed in the current 

manufacturer's maintenance manual or fustructions for Continued 

Airworthiness prepared by its manufacturer, or other methods, 

techniques, and practices acceptable to the Administrator, except as 

noted it1 §43.16. 

11. Heloair, Inc., thus performed. maintenance on an aircraft and failed 

to do that work in such a manner and use materials of such a quality, 

that the condition of the aircraft, airframe, aircraft engine, propeller, or 

appliance worked on would be at least equal to its original or properly 

alteTed condition (with regard to aerodynamic function, structural 

strength, resistance to vibration and deterioration, and other qualities 

affecting airworthiness). 

12. On August 6, 2011, Inc., Heloair, Inc., operated the aircraft on two 

flights, from Richmond, VA to . Irving, VA, and return (hereinafter 

"the flights"). 

13. During the flights, the aircraft was in an unairworthy condition, as 

described above. 

2 

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ill 

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

following sections of the Federal Aviation Regulations: 

a. Section 43.13(a), which states that each person performing maintenance, 

alteration, or preventive mamtenance on an aircraft, engine, propeller, or 

appliance shall use the methods, techniques, and practices prescribed in the 

current manufacturer's maintenance manual or Instructions for Continued 

Airworthiness prepared by its manufacturer, or other methods, techniques, 

and practices acceptable to the Administrator, except as noted in §43.16. He 

shall use the tools, equipment, and test apparatus necessary to assure 

completion of the work in accordance with accepted industiy practices. If 

special equipment or test apparatus is reconunended by the manufacturer 

involved, he must use that equipment or apparatus or its equivalent 

acceptable to the Administrator. 

b. Section 43.13(b), which states that each person maintaining or altering, 

or perfonning preventive maintenance, shall do that work in such a 

manner and use materials of such a· quality, that the condition of the 

aircraft, airframe, aircraft engine, propeller, or appliance worked on will 

be at least equal to its original or properly altered condition (with regard 

to aerodynamic function, structural stre~ resistance to vibration and 

deterioration, and other qualities affecting airworthiness). 

c. Section 9l.7(a), which states that no person may operate a civil aircraft 

unless it is in an airworthy condition. 

3 

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...... · 

IV 

L 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 $33,000 is 

appropriate. 

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 $33,000. 

Respectfully submitted,· 

Alfred R. Johnson, Jr. 

Regional Counsel 

CJ ~\ 1\ •• 0 

By: --------~~~~~--v~~~---­ Zachmy M Ber/nan 

Attorney 

Federal Aviation Administration 

l Aviation Pla7..a 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

4 

141008/010 
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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)). 

5 

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08/01/2012 10:13 FAX 2024835142 FAA ~ OMS 

CE.RTIF.lCATE OF SERVICE 

1 hereby certifY that the foregoing Complaint has been placed this date in the United 

States mail, postage prepaid, by Certified Mail- Return .Rece1pt Requested addressed 

as follows: 

Whit Baldwin 

President 

Heloair, Inc. 

5721 Gulfstream Road 

Richmond. VA 23 250 

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: MAY 1 7 2012 1~·-d /I-?~~~~· y Paralegal Specialist · 

6 

Federal Aviation Administration 

Office of Regional Counsel 

1 A viati.on Plaza 

Jamaica, NY 11434 

llJOOB/010