04/17/2015 12:21 4252271007 ANM7 PAGE 02/07 

u.s. Department 

of Transportation 

federal Aviation 

Administration 

Northwest Moun~aln Region 

Office of Regional Counsel 

Colorado, Idaho, Montana, 

Oregon, Utah, Washington, 

Wyoming 

1601 lind Avenue S.W. 

Renton, Washington 98057 

Tel: (425) 227-1417 

Apri117, 2015 

Fax: (425) 227-1007 

robert.spltzer@faa.gov 

VlA FACSIMILE AND CERTIFIED MAIL -RETURN RECEIPT REQUESTED 

Attn: Hearing Docket Clerk, AGC-430 

Hearing Docket 

Federal Aviation Administration 

(Wilbur Wright Bldg-- Room 2Wl000) 800 Independence Avenue S.W. 

Washington, D.C. 20591 

Re: In the Matter of Rugby Aviation- :FAA No. 2014NM010021 

Enclosed is an original and one copy of a request for hearing and Complaint in the above- referenced proceeding. 

The Federal Aviation Administration (FAA) requests that the hearing in this matter be held in Seattle, Washington, and expects that the hearing will last one (1) day. 

For scheduling purposes, FAA attorney, Robert Spitzer will be unavailable is unavailable the following dates in 2015: May 13 through June 5, 201.5. · 

Please address all communications for the FAA to the undersigned at: 

Sincerely, 

Ro&pitzer 

FAA Attorney 

RS/tek 

Federal Aviation Administration 

Northwest Mountain Region, ANM:-7 

1601 Lind Avenue S.W. 

Renton, Washington 98057 

Telephone: (425) 227-1847 

FAX: (425) 2:27-1007 

Enclosures: Request for Hearing (Appeal) Complaint 
04/17/2015 12:21 4252271007 

ROBERT SPITZER 

F M OFFICE OF REGIONAl. COUNSEL 

1601 LINDAVE.,SW 

RENTON, W ASB:!NGTON 98057 

TELEPHONE: ( 425) 227-1417 

FACSIMILE: (425) 227-1007 

ANM7 

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, D.C. 

In the Matter of: 

Rugby Aviation FAA Case No. 20!4NM01002l 

Judge Not Assigned 

JUDGE NOT ASSIGNED: 

COMPLAJNI 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

PAGE 03/07 

pursuant to Rule 208 ofthe Rules of Practice (14 Code ofFederal Regulations (C.F.R) Section 

13.208), and states as follows: 

l 

On April 9, 2015, Rugby Aviation, L.L.C., (Rugby) was advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount of $11,000. 

On April17, 2015, Rugby, through its counsel of record, submitted a written request for a 

hearing. 

II. 

1. Rugby is now, and at all times mentioned herein was, the holder of A..ir Carrier 

Certificate No. ROIA597J, which at all times relevant herein, permitted Rugby to 

conduct operations pursuant to Part !35 of the Federal Aviation Regulations (FAR). 

CO.Ml'LAJNT 

PM v, Rugby Aviation, L.L.C. 

FM Ca•e No. 2014NM:010021 

Page 2 of6 

Ros>RT SPITZER, F M AnoRNEY 

TEL; (425) 227·1417: FAX: (425) 227-1007 
04/17/2015 12:21 4252271007 ANM7 PAGE 04/07 

2. At all times relevant herein, Rugby's Operations Specifications, A001, authorized 

Rugby to conduct operations only under the name "Rugby Aviation" or "Northwest 

Sky Ferry". 

3. At all times relevant herein, Rugby's Operations Specifications, A008 (d)(4)(b), stated 

"The certificate holder shall not operate an aircraft under Part 135 under the name or 

fictitious name of any other person. or entity, unless authorized in operations 

specification AOOI of these operations specifications." 

4. Rugby's Operations Specifications did not authorize Rugby to use the business name 

"San Juan Airlines" until March 24, 2014. 

5. The U.S. Department of Transportation, did not register the business name "San Juan 

Airlines" for Rugby until March 24, 2014 · 

6. On or about February 21, 2014; February 24, 2014; February 26, 2014; and February 

27, 2014, Rugby was advised in person by the FAA Principal Operations Inspector 

assigned to Rugby not to conduct operations under the name "San Juan Airlines" until 

the name was authorized on Rugby's operations specifications. 

7. On or about March 3, 2014, Rugby was advised not to use the name "San Juan 

Airlines" via a letter of investigation sent from the FAA 

8. From a period starting on or about February 27, 2014, until March 24, 2014, Rugby 

used the name "San Juan Airlines" to advertise their air services, and conducted 

business under the name ''San. Juan Airlines", when the nam.e did not appear as an 

approved name on Rugby's operations specifications. 

9. At all times relevant herein, Rugby operated aircraft as a FAA Part 135 carrier, 

III. 

I. By reason of the foregoing facts and circumstances, Rugby violated the following sections 

of the Federal Aviation Regulations (14 C.F.R.): 

a. Section J.l9.5(g), in that Rugby operated as a direct air carrier in violation of its 

operations specifications. 

b. Section 119,9(a), in that Rugby operated an aircraft under Part 135 using a 

business name other than a business name appearing in, the certificate holder's 

operations specifications. 

COMPLAINT 

FAA v, Rugby Aviation, L.L.C. 

FAA Case No. 2014NMOl002l 

Page 3 of6 

RoBEl>.! SpiT<ER, FAA ATTORN!!~ 

TEL• (425) 227·14li; FAX: (425) 227-1007 
04/17/2015 12:21 4252271007 ANM7 PAGE 05/07 

2. In accordance with Sections 46301(a) and (d) ofTitle 49 ofthe United States Code 

(U.S. C.) (Transportation) (49 U.S.C. Sections 46301(a) and (d)], Rugby is !lable for a civil 

penalty not to exceed $11,000 for each of the violations noted. 

3. Under the facts and circumstances of this case, a civil penalty of$11,000 is appropriate. 

WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law 

Judge enter an Order that Rugby be assessed a civil penalty in the amount of$11,000. 

Respectfully submitted this 17"' day of April, 20 15. 

Robert Spitzer 

FAA Attorney 

COMPLAlNr 

FAA v. Rugby Aviation, L.L.C. 

FAA Case No. 2014NM010021 

Page 4 of6 

RoE•~r SPITZER, FAAATTO'<NllY 

TEL: (425) 127·1417; FA.l<: (425) 227-1007 
04/17/2015 12:21 4252271007 ANM7 PAGE 05/07 

In accordance with Section 13.209 ofthe Federal Aviation Regulations, Rugby, must answer this Complaint not later than thirty (30) days from the time it is served on it. Fai.lure to file an Answer within thirty (3 0) days without good cause shall be deemed an admission ofthe truth of each allegation contained in the Complaint [14.C.F.R. § 13209(£)]. 

COMPLAOO 

FAA v. Rugby Aviation .• L.L.C. 

FAA Case No. 2014NMOJ0021 

Page 5 of6 

RoB~RT SPITZER, F .AA.A l70RNB Y 

TEL: (42S) 227-1417: FAX: (425) 227-1007 
04/17/2015 12:21 4252271007 ANM7 PAGE 07/07 

CERTIFICATE OF SERVICE 

I hereby certif'y that the foregoing Complaint has been served via facsimile, certified mail -Return Receipt Requested and/or electronic mail tllis date, to the following: 

COMPLAINT 

Federal Aviation Adnlinistration (Original and one copy) 

800 Independence Avenue SW 

Washington, D.C. 2059! 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2Wl 000 

Fax: (202) 267-1293 

President 

Rugby Aviation, L.L.C. 

4167 Mitchell Way 

Bellingham, WA 98226 

J.C. Becker 

P.O. Box 13253 

Mill Creek, WA 98082-1253 

icb@Jojqb•._~<Prn 

Co~~ru201< 

Tern Kirk 

Office ofRegional Counsel (ANM-7) Federal Aviation Administration 

1601 Lind Ave. SW 

Renton, WA 98057 

( 425) 227-2007 

FAA v. Rugby Aviation, L.L.C. 

FAA Case No. 20l4NM01002! 

Page 6 of6 

RoBE.r S~rr<mR, F AAAno~NEY 

TEL: (425) 227-1417; FAX: (425) 227-1007 
04/17/2015 12:21 4252271007 ANM7 

FACSIMILE MESSAGE 

FEDERAL AVIATION ADMINJSTRATION 

OFl'JCE OF REGIONAL COUNSEL 

ANM-7 

1601 LIND A VENUE S.W. 

RENTON, WASHINGTON 98057 

PAGE 01/07 

The information contained in this facsimile message is legally privileged and confidential 

information and is intended only for the use of the individual named on this cover sheet. 

If the reader of this message is not the intended recipient, you are hereby notified that any 

use, dissemination, distribution, or copy of this facsimile is strictly prohibited. If you 

have received this facsimile in error, please immediately notify us by telephone at 

425-227-2007_ 

r------------------,--------------.. -

DATE: 

TO: 

FAX NO.: 

PHONE NO.: 

RE: 

April 17, 2015 

Docket Clerk AGC-430 

202-267-1293 

Complaint- FAA Case 

No. 2014NM010021 -------· .. ~~·--

NO. PAGES: 7 including cover 

FROM: Robert Spitzer 

FAX NO.: 425-227-1007 

PHONE NO.: 425-227-1417