o 

1.0//^^ M 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Southwest Region IJ-i I ^'^J •::;/'! V"' ' 

Arkansas, Louisiana, i :-. v. 

New Mexico, Olclahoma 

Texas 

Office of Regional Counsel 

Southwest Region 

2601 Meacham Boulevard 

FortWorth.TX 76137 

December 10, 2009 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

. i"<=4c^''''' 

RECEIVED 

DEC 1 6 2009 

HEARING DOCKET 

In the Matter of Central Flying Service 

Docket No. CP 

FAA EIR No. 2009SW110011 

Dear Sir or Madam: 

Enclosed are the original and one copy of the complaint in the abovereferenced proceeding as well as a copy of Respondent's request for a 

hearing. 

The Complainant requests that the hearing in this matter be held in Little 

Rock, Arkansas, and expects that the hearing will last one day. 

Please serve me with all documents in this matter. 

Sincerely, 

LYNETTE WORD 

Regional Counsel 

Southwest Region 

St&i*Siirari3 williaijia^ Es^ 

Safety Enforcemea^-BfSnch 

Federal Aviation Administration 

Southwest Region 

Fort Worth, Texas 76193-0007 

Telephone: 817-222-5081 

Facsimile: 817-222-5092 

stellamaris.williamsSfaa.gov 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

********************** * 

In the Matter.of: 

Central Flying Services, Inc. * FAA Case No. 2009SW110011 

* Docket No. 

* Judge Not Assigned 

+ **********•********** * 

COMPLAINT 

The Complainant files its Complaint, under Rule 208 of the Rules of 

Practice (14 C.F.R. § 13.208), and states the following: 

I. 

On August 18, 2009, Respondent, Central Flying Services, Inc., was 

advised through a Notice of Proposed Civil Penalty, and on November 18, 

2009, through a Final Notice of Proposed Civil Penalty, that the FAA 

proposed to assess a civil penalty in the amount of $33,000. 

Respondent's request for a hearing was received on November 23, 

2009. 

II. 

1. At all times pertinent herein. Central Flying Service, Inc., held 

Air Agency Certificate No. HBKA587E, authorizing it to operate as an 

Air Carrier under Part 135 of the Federal Aviation Regulations 

(FAR) . 

2. Central Flying Service, Inc., has been issued an Approved Aircraft 

Inspection Program (AAIP). 

3. At all times pertinent herein. Central Flying Service Inc., operated 

a Learjet Model 35A, civil aircraft N35SA, Serial Number 326, the 

property of another. 

4. At all times pertinent herein, the Operations Specifications, 

Paragraph D073, issued to Central Flying Services, Inc., authorized 
Central Flying Services, Inc., to maintain civil aircraft N35SA in 

accordance with the AAIP issued August 28, 2008. 

5. Central Flying Services, Inc.'s AAIP requires that lead acid 

batteries be serviced at three (3) calendar months after the last 

service of the batteries. 

6. The Concord lead acid batteries installed on N35SA were serviced on 

October 3, 2008, and the next service was due on January 31, 2009. 

7. The Concord lead acid batteries of N35SA were serviced on February 

26, 2009. 

8. Central Flying Services, Inc.'s AAIP requires inspection of the 

NiCad emergency power supply batteries at three (3) calendar months 

after the last inspection. 

9. The NiCad emergency power supply batteries were inspected on October 

3, 2008, and the next inspection was due on January 31, 2009. 

10. The NiCad emergency power supply batteries were inspected on 

February 26, 2009. 

11. Between February 5, 2009, and February 22, 2009, Central Flying 

Services, Inc., operated N35SA on approximately ten (10) revenue 

flights. 

By reason of the foregoing facts and circumstances. Central Flying 

Service, Inc., has violated the following section of the Federal Aviation 

Regulations: 

a. Section 119.5(1), which states that no person may operate an 

aircraft under this part, part 121 of this chapter, or part 135 of 

this chapter in violation of an air carrier operating certificate, 

operating certificate, or appropriate operations specifications 

issued under this part; and 

b. Section 135.419(g), which states that each certificate holder who 

has an approved aircraft inspection program shall have each aircraft 
that is subject to the program inspected in accordance with the 

program. 

III. 

1. Under 49 U.S.C. § 46301, Respondent, Central Flying Services, Inc., 

is subject to a civil penalty of $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. 

Complainant respectfully requests that the administrative law judge 

enter an order that Respondent, Central Flying Service, Inc., be assessed 

a civil penalty in the amount of $33,000. 

Submitted this 10TM day of December, 2009. 

LYNETTE WORD 

Regional Counsel 

Southwest Regiori 

Stellama^3»--WiTliams, Esq. 

SaJ^ifeyEnforcement Branch 

;ederal Aviation Administration 

Southwest Region 

Fort Worth, Texas 76193-0007 

Telephone: 817-222-5081 

Facsimile: 817-222-5092 

stellamaris.williamsgfaa.gov 
CERTIFICATE OF SERVICE 

I hereby certify that an original and a copy of the foregoing Complaint, 

and a copy of Respondent's Request for a Hearing, have been mailed this 

date by Certified Mail, Return Receipt Requested, to: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

And a copy of the Complaint has been mailed by the same means to: 

Central Flying Service, Inc. 

Attention: Richard N. Holbert, President 

1501 Bond Street 

Little Rook, AR 72202 

Telephone/ 501-375-3245 

FacsimiVfe: 501-375-72; 

Aileen CasiVlas Ayala 

Program Aijalyst 

Office of the Regional Counsel 

Federal Aviation Administration 

Southwest Region 

Fort Worth, Texas 76193-0007 

Date: /^ ' / D ^ d "f 
u 

6^ 'f^ 

FLYING SERVICE 

November 20,2009 

Federal Aviation Administration 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Suite 2W1000 

800 Independence Avenue, S.W. 

Washington, D. C. 20591 

Re: EIRNO.2009SW110011 

To Whom It May Concern: 

Central Flying Service, Inc. requests a Hearing on the referenced matter in 

accordance with 14 C.F.R. 13.16. 

CENTRAL FLYING SERVICE, INC. 

Richard N. Holbert 

President 

bO fiJAi 

1501 Bond Street • Little Rock. Arkansas 72202 • 501-375-3245 • Fax 501-37.'?-7?74