U.S. Department Eastern Region 1 Aviation Plaza 

of Transportation Regional Counsel Jamaica, NY 11434 

Telephone: 718 553-3258 

Federal Aviation Facsimile: 718 995-5599 

Administration 

SEP 1 2011 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED ^M 

Federal Aviation Administration ..^, 

800 Independence Avenue, S.W. ^ 

Washington, D.C. 20591 J ^"^pS 

Attn: Hearing Docket Clerk, AGC-430 -^ ^§ 3 

"n^il 

Wilbur Wriuht Buildine - Room 2014 

ix? O ^oc 

ATTN: HEARING DOCKET CLERK ^ 

Re: In the Matter of Liberty Jet Management Corporation 

Docket No. 2011EA110025 /c^Oil-F^U)A'CfP-l ^^-^ ' 

Enclosed herein please 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 tiling, together with 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the New. York, NY area, 

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

Please address all communications for the Federal Aviation Administration to the 

attention of Zachar>' M. Bemian, Office of the Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Jolmson, Jr. 

Regional Counsel 

Zacharj^'^M. yeniian 

Attorney ^' - --"^'JC DOCKET 

Enclosures 
UNITED STATES OF AMERICA 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON. D.C. 

J. Randolph Babbitt, ADMINISTRATOR, 

Federal Aviation Administration, 

Complainant, 

V. 

LIBERTY JET MANAGEMENT 

CORJ'OR.ATION 

Respondent. 

Docket Number: 2011EA110025 

Judge: Not yel assigned 

Hearing Date: Not yet assigned 

Hearing Location: Not yet assigned 

REQUEST FOR HEARING 

COMES NOW, Respondent, Liberty Jet Management Corporation, by and through 

undersigned counsel pursuant to 49 C.F.R. Section I3.16(g)(2)(ii), and hereby appeals the 

Administrators Final Notice of Proposed Civil Penalty dated August 18, 2011, a copy of 

which is enclosed. 

Respectfully submitted. 

Dated: August 24, 2011 

Kent S. Jackson, Esq. 

Jackson & Wade, L.L.C. 

21628 Midland Drive 

Shawnee, KS 66218 

Tel: (913)338 1700 

Fax:(913)338 1755 
CERTIFICATE OF SERVICE 

1 hereby certify that I have this date ser\'ed via Federal Express, postage prepaid, an 

.original and one (1) copy of the foregoing Request for Hearing addressed to: 

Hearing Docket 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building 

Room 2014 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Tel: (202) 2670111 

Fax:(202)267-5047 

And. further, that I have this date served via Federal Express, postage prepaid, a copy of 

the foregoing Request for Hearing addressed to: 

Zachary M. Bennan, Esq. 

Office of the Regional Counsel 

FAA Eastern Region, AEA-7 

One Aviation Plaza, Room 561 

Jamaica, NY 11434 

Tel: (718)553-3258 

Fax:(718)995-5699 

Dated: August 24, 20 

Kent S. Jackson, Esq. 

Jackson & Wade, L.L.C. 

21628 Midland Drive 

Shawnee, KS 66218 

Tel: (913) 338-1700 

Fax:(913)338-1755 
U.S. DEiPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C 

In the Matter of Liberty Jet Management Corporation 

20nEAll0025 

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, Liberty Jet Management Corporation, was advised llirough a Final 

Notice of Proposed Civil Penalty that the FAA proposed to assess a civil penalt>' in 

the amotint of $14,300. On August 24, 2011, Respondent submitted a written 

demand for a liearing. 

II 

1. t all times relevant herein. Liberty Jet Management Corporation 

(LDJA) was the holder of Air Cairier on Demand Part 135 certificate 

number NLDJA639L. 

2. At al times relevant herein, under the General Operations Manual of 

LDJA, the pilot-in-command (PIC) shall not depart on a flight with 

an unreported and non-logged discrepancy. 

3. On or about August 3, 2010, LDJA operated a training flight in a 

Cessna 650 aircrafi, identification number N78AP (hereinafter "the 
aircraft"), on a training flight in the vicinity of Burke Lakefront 

Airport, Cleveland, Ohio (KBKL) (hereinafier "Flight #1). 

4. The pilot-in-command of Flight #1 was one Christian George Deputy 

(hereinafier "Mr. Deputy"). 

5. Mr. Deputy was the Director of Operations of LDJA. 

6. During Flight #1, the aircraft struck a flock of birds during the 

approach to land on Runway #24 at KBKL. 

7. As a result of the bird strike, both engines of the aircraft; were 

substantially damaged, rendering the aircraft unairworthy. 

8. • At the conclusion of Flight Hi, LDJA failed to have the aircraft 

• inspected by a mechanic. 

9. - At the conclusion of Flight //I, LDJA failed to enter or have entered 

by Mr. Deputy or by anyone else an entry in the aircraft maintenance 

log any notation about the bird strike or about the resulting damage. 

10. On or about August 4, 2010, LDJA operated the aircraft on a 

checkride flight with two of its pilots under Section 135.299 of the 

Federal Aviation Regulations, which checkride was administered by 

an FAA inspector (hereinafter "Flight #2). 

11. Later on August 4, 2010, LDJA operated the aircraft on a flight from 

KBKL to Republic Airport, Farmingdale, NY (hereinafter '^Flight 

nry 

12. At the time of Flight #2 and Flight #3, there was still no entry in the 

aircraft maintenance log of the bird strike or the resulting damage. 

13. At the time of Flight U2 and Flight #3, the aircraft was in an 

unairworthy condition as a result of the substantial damage to the 

engine from the bird strike. 

Ill 
By reason of the foregoing facts and circumstances. Respondent violated the 

following section(s) of the Federal Aviation Regulations: 

a. Section 135.21(a), which states that each certificate holder, other than 

one who uses only one pilot in the certificate holder's operations, shall 

prepare and keep current a manual setting forth the certificate holder's 

procedures and policies acceptable to the Administrator. This manual 

must be used by the certificate holder's flight, ground, and 

— maintenance personnel in conducting its operations. However, the 

Administrator may authorize a deviation from this paragraph if the 

Administrator finds that, because of the limited size of the operation, 

all or part of the manual is not necessar)' for guidance of flight, 

ground, or maintenance personnel. 

b. Section 135.413(a), which states that each certificate holder is 

priinarily responsible for the airworthiness of its aircraft, including 

airframes, aircraft engines, propellers, rotors, appliances, and parts, 

and shall have its aircraft maintained under this chapter, and shall have 

defects repaired between required maintenance under Part 43 of this 

ciiapter. 
c. Section 135.65(b), which states that the pilot in command shall enter 

or have entered in the aircraft maintenance log each mechanical 

irregularity that comes to the pilot's attention during flight time. 

Before each flight, the pilot in command shall, if the pilot does not 

already know, determine the status of each irregularity entered in the 

maintenance log at the end of the preceding flight. 

d. -••Section 91.7(a), which states that no person may operate a civil 

aircraft unless it is in an airworthy condition. 

c. Section 91.405(a), which states that each owner or operator of an 

aircraft shall have that aircraft inspected as required by Subpart E of 

Part 91 of the Federal Aviation Regulations and shall between 

required inspections (except as otherwise provided) have discrepancies 

repaired in accordance with Part 43 of the Federal Aviation 

Regulations. 

IV 

I. Pursuant to 49 U.S.C. §46301(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 $14,300 

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 $14,300. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Zacha:y NJ. Be/man 

Attorney 

Federal Aviation Administration 

I 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 Sei-vice. A general 

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

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 - Return Receipt Requested addressed 

as follows: 

Kent S.Jackson, Esq. 

Jacksion & Wade, LLC 

21628 Midland Drive 

Shawnee, KS 66218 

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 

-IF FILflVG BY FEDERAL EXPRESS 

Federal Aviation Administration (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building - Room 2014 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Date: SEP ] 2011 ''^^;^1 ^ 

Maiyanne Mignone 

Legal Technician 

Federal Aviation Administration 

Office of Regional Counsel 

I Aviation Plaza 

Jamaica, NY 11434 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVLATION ADMINISTRATION 

OFFICE OF HEARINGS 

WASHINGTON. D.C. 

In the Matter of Liberty Jet Management Coiporation 

201 lEAl 10025 

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.F.R. §13.204(b), that it shall be represented in the above-stated action by the 

attoniey listed below. All cominunications, notices, pleadings or documents are 

respectftilly requested to be fonvarded as follows: 

Zachary M. Bennan 

Federal Aviation Administration 

Office of Regional Counsel 

I Aviation Plaza 

Jamaica, NY 11434 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 

Respectftilly submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: Y \ ^^^F^^ Dated:. 

Zachary M.^Bennan 

Attorney 

llll