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^ TRAN S STATES 

' l-l O L D I N G 5 

David J.A. Hayes III , Vice President & General Counsel 

D::PI0FTP'':S^0RTAT!0N 

CERTIFIED MAJL 

RETURNED RECEIPT REQUESTED 

Februarys, 2010 

iifivr-

.1 • •• •'• I'i ,/' ' '> I,-

Federal Aviation Administration j , 

Attn: Hearing Docket Clerk, AGC-430 '"*•••••' ^ - ' - ^- ^rOCKt: T 

Wilbur Wright Building, Suite #2014 

800 Independence Ave, SW. 

Washington, DC 20591 

Re: FAA Case #2008CE030141 Windshield Ice CP^OC^COO^ Id,0/0 ' O/f O 

REQUEST FOR HEARING 

GoJet Airlines LLC by and though counsel hereby requests a Hearing in reference to 

the Final Notice of Proposed Civil Penalty in FAA Case #2008CE030141. 

GoJet Airlines LLC believes the hearing will take approximately two days and 

requests the hearing to be held in St. Louis, MO. 

ully submittQdTjP':j^iML^ 

David J. A. Hayes lll,^.Esq^ 

Vice-President & General Counsel 

Trans States Holdings, Inc. 

11495 Navaid Road 

Bridgeton, MO 63044 

314-222-4316(0) 

314-222-4311 (F) 

dhaves@transstates.net 

Attorney for Respondent, GoJet Airlines LLC 

CC: David Kessler, Attorney FAA Central Region 

11495 Navaid Road Bridgeton, Missouri 63044 

314.222.4316 office, 314.222.4311 fax, dhayes@transstates.net 
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O , , ^ / • .>•«"- . <•.-• 

T,£, ^ . ,.'• c, ..i ;- - • •'•••• OtJicc of Regional Comsel 

U.S. Dcpanmen t 901 Locust, Room J0 6 

of Transportation .^ ^.^ ^ , JMQ Kan.i!a.iCUy. MO M106-2641 

Federal Aviation „ - .;--,' 

Administration •,'-.''•' 

In Reply Refer To: ACE-7 

2008CE030141 

Area Code: 816-329-3763 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Certified Mail Receipt Nos. 70081300000046033906,70081300000046033913 & 70081300000046033920 

CLploC£m)^fM/o- ol91) 

February 17,2010 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Attn; Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Re: In the Mailer of GoJet Airlines, LLC 

CaseNo.2008CE030141 

Enclosed herewith please find a copy of a request for a hearing and the original and one copy of the 

Complaint in the above-referenced proceeding. 

The FAA requests that the hearing in this matter be held in St Louis, MO, and expects that the hearing will 

last one day. 

Please addrcs-s all communications for the FAA to David B. Kessler, Federal Aviation Administration, 

Central Region, ACE-7, Room 506, DOT Building, 901 Locust, Kansas City, MO 64106-2641, 

Sincerely, 

A. Lesicr Haizlip 

Regional Counsel 

Kessler 

^Aliorney 

Enclosures 

cc: Richard A. Leach 

DavidJ. A. HayeslU, Esq. 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

in the Matter of: 

GoJet Airlines, LLC 

Served; February 17,2010 

FAA Docket No. 

FAA Case No. 2008CE030141 

Judge Not Assigned 

COMPLAINT 

TM" •• " -ilia- rjsjt. 

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 follov^^s: 

I. 

1. On March 11, 2009, Respondent GoJet Airlines, LLC was advised through a Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $50,000. 

On February 8, 2010, Respondent submitted a written request for a hearine. 

II. 

1. At all times hereinafter-mentioned, GoJet Airlines, LLC (GoJet), d/b/a United 

Express, was the holder of Part 121 Air Carrier Certificate Number N6WA249L. 

2. At all times hereinafter mentioned GoJet was the operator of Civil Aircraft N155GJ, a 

Canadair CRJ-700 Regional Jet, Model CL-600-2C10, registered as an aircrall available for use 

in Part 121 revenue operations. 

3. On or about May 31, 2008, GoJet operated N155GJ on Flight 5365 from Lambert 

International Airport, St, Louis, MO (STL) to Denver hitemational Airport, Denver, CO (DEN). 

4. During the above flight, Nl 55GJ experienced an in-flight discrepancy for the pilot's 

left side window heal. It was indicated on the Aircraft Maintenance Flight Log (Flight Log), that 

the displayed message was "L Window Heat Caution Msg." 
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5. GoJet's maintenance personnel deferred the pilot's left v^indshield anti-ice controller 

using the Minimum Equipment List (MEL) item 30-41 -01 without addressing the discrepancy 

for the left side window heat system. 

6. GoJet improperly deferred tlic pilot's left windshield anti-ice controller and failed to 

address the discrepancy for the left side window heat system. 

7. Subsequent to Flight 5365, GoJet released for service and operated Nl 55GJ on Flight 

No. 5393 from Denver Intemaiional Airport, Denver, CO (DEN) to Gerald R. Ford Intemalional 

Airport, Grand Rapids, MI (GRR). 

8. On June 12,2008, the Flight Standards District Office, St. Ann, Missouri (STL FDSO) 

was notified through a pilot's ASAP report of the incident. STL FSDO persormel initiated an 

investigation. 

9. Incident to the above investigation, STL FSDO persoimel made the following 

findings: 

a. GoJet Airlines is authorized to use an approved Minimum Equipment List (MEL) 

per Operations Specification D095. The Preamble of the approved MEL for GoJet Airlines 

states, "Compliance with this operations specifications requirement is mandatory." The Preamble 

also states, "Compliance with the preamble, definitions, operations specification D095, and the 

conditions and limitations specified in the MEL are required." 

b. GJ's Operations Specifications (Op Specs), D-095, MEL Authorisation states in 

relevant part that the certificate holder is authorized to use an approved Minimum Equipment List 

(MEL) provided tlie conditions and limitations contained therein are met. The Op Specs lists 

Model CL-600-2C10 as an aircraft to which the MEL applies. 
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c. The Bombardier CRJ 700/900 Aircraft Maintenance Manual (AMM), Part 1, 

System Description Section, Task 30-40-00-001-AOl Windows, Windshields and Door.s, Page 8, 

Figure 30-40-00-000001, EICAS Messages, shows tiie sy.stem displays for the windshield heat 

system. The message that would have been displayed in the case of a failure of the left 

windshield heat system would have been, "L WSHLD HEAT." The message that was 

displayed, "I. Window Heat" is displayed for a failure of the left window heat system. 

d. The CRJ 700 Fault Isolation Manual (FIM), Revision 17, Task 30-41-00-810-802-

AOl, states in relevant part that the EICAS - L (R) Window Heat Caution shows when no heat is 

found in the left (right) window MPE2 (MPE4) or the test signal is present for more than 10 

seconds. The EICAS message L (R) window heat (Caution) occtus when the controller or one of 

the window heating element (sensor, heater) is defective. 

e. The FIM, Revision 17, Task 30-41-00-810-802-AOI, shows three possible causes 

for a failure of the left window heat system; a defective left side window temperature controller, 

a defective left side window temperature controller wiring interface or a defective left side 

window. 

f GoJet's MEL 30-41-01, Windshield and Side Window Anti-Ice Confrollers, states 

that the windshield and side window anti-ice controllers arc not deferrable unless the pilot's (left) 

side window heating is operative. The discrepancy "L WINDOW FIEAT" indicated that the left 

side window heating was not operative. Consequently, the pilot's windshield anti-ice controller 

using the Minimum Equipment List (MEL) item 30-41-01 could not be deferred under the 

circumstances and the action taken by GoJet was improper. 
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g. There is no MEL item to defer the pilot's left side window heating system - it must 

be operative. The deferral of the pilot's left side window hearing system creates the potential for 

build up of ice on the pilot's window preventing the pilot from a full field of vision; this situation 

could be a major factor in an accident which could contribute to a potential injury and/or loss of 

life and property. 

h. On June I, 2008, GoJet operated N155GJ on Flight 5363 from STL to DHM. The 

flight log (# 47716) for Flight 5363 shows that the discrepancy "L Window Heat" caution 

message occurred again during Flight 5363. The flight log also shows that maintenance 

personnel swapped the overheat sensor with the spare sensor to correct the discrepancy after 

Flight 5363. However, no other action was taken to address/correct other discrepancies as no 

other discrepancies were reported. 

10. Based on the foregoing findings, N155GJ was not in an airworthy condition on May 31, 

2008, after the maintenance for the pilot's windshield anti-ice controller was improperly 

deferred. 

11. GoJet released for service and operated N155GJ in an unairworthy condition on a 

passenger-carrying revenue operation while it was in an unairworthy condition, on May 31, 

2008. 

12. The above noted improper deferral was accomplished contrary to GoJet's Ops Specs, 

Section D095, MEL Authorization. 

13. The operation conducted by GoJet using N155GJ, while the aircraft was in an 

unairworthy condition, constituted a careless act on the part of GoJct. The operation of NI55GJ 
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in an unairworthy condition endangered the lives and property of the flight and cabin crews, any 

passengers aboard, as well as the lives and property of others on the ground. 

III. 

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

following sectionsof the Federal Aviation Regulations; 

a. Section 91.13(a), which states in relevant part that no per.ion may operate an aircraft i n 

a careless manner so as to endanger the hfe or property of another. 

b. Section 121.153(a)(2), which states in relevant part that no certificate holder may 

operate an aircraft unless that aircraft is in an airworthy condition and meets the applicable 

airworthiness requirements. 

c. Section 119.5(1), which states in relevant part that no person may operate an aircraft 

under this part or part 121 of this chapter in violation of an air carrier certificate, operating 

certificate, or appropriate operations specifications issued under this part. 

d. Section 121.605 which stales that no person may dispatch or release an airplane unless 

it is airworthy and is equipped as prescribed in § 121.303. 

e. Section 91.213(a)(3)(ii), which states in relevant part that no person may take off an 

aircraft with inoperative instruments or equipment installed unless the following conditions are 

met: The Minimum Equipment List must provide for the operation of the aircraft with the 

instruments and equipment in an inoperable condition. 

2. Pursuant to Title 49 U.S.C. 46301, Respondent is subject to a civil penalty not to 

exceed $11,000 for each of the violations alleged. 
02/26/201 0 11:4 9 FAX 202493514 2 FAA + DMS 0008/009 

6 

3. Under the facts and circumstances of this case, a civil penalty of $50,000 is 

appropriate. 

WHEREFORE, the Agency, by counsel, rcspcctfijlly requests that the Administrative 

Law Judge enter an order that Respondent be assessed a civil penalty in the amotmt of $50,000. 

Dated this 17th day of February, 2010. 

Respectfully submitted, 

A. Lester Haizlip 

Regional Counsel 

By: 

Ija-^d B. Kessler 

Attorney for Complainant 

Federal Aviation Administration 

901 Locast, Room 506 

Kansas City, MO 64106-2641 

816-329-3763; Fax (816) 329-3771 

Answer 

Section 13.209(a) of the Rules ofPractice in FAA Civil Penalty Proceedings states, "A 

respondent shall file a written answer to the complaint, or may file a written motion pursuant to 

Section 13.208(d) or Section 13.218(0(1-4) instead of filing an answer, not later than 30 days 

after service of the complaint. 

Section 13.209(0 states, "A person's failure to file an answer without good cause shall be 

deemed an admission of the truth of each allegation contained in the complaint. 
02/26/201 0 11:4 8 FAX 2024935142 FAA + DMS 0009/009 

GoJet Airlines, LLC, FAA Case No. 2e08CE03014l 

CERTIFICATE OF SERVICE 

I hereby certify that I havu this date placed in the United States mail, certified, return 

receipt requested, a copy of the Administrator's Complaint, addressed to: 

Mr. Richard A. Leach 

GoJet Airlines, LLC 

11495 Navaid Road, Suite 303 

.St. Louis. Mo 63044 

David J. A. Hayes III, Esq. 

Trans States Holdings, Inc. 

11495 Navaid Road 

St. Louis, Mo 63044 

In addition, 1 hereby certify that I have this dale placed in the United States mail, 

certified, return receipt requested, tlie original and one copy, addressed to: 

Federal Aviation Administration 

800 Independence Avenue, SW. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Alisa Cause ^ 

Paralegal Specialist 

Dated this 17th day of February, 2010.