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## u.s. DEPARTMENT OF TRANSPORTATION

FEDERAL 

### AVIATION ADMINISTRATION Tnthe Matter of: FAA Docket No. Unassigned Bush Air Cargo, Inc. Judge Not Assigned 

### COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Comp1aint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.. F.R. § 13.208), and states as follows: 

### 1. On December 16, 2009, Respondent was advised through a Notice ofProposed Civil Penalty that the FAAproposed to assess a civil penalty inthe amount of$2,800. On March 2> 2010, a Final Notice ofProposed Civil Penalty in the amount of$2,800 was issued. On March 16,2010, Respondent submitted a writtenrequest for a hearing. II. 1. Respondent is now, and at all times referenced herein it was, the holder ofan operating certificate and appropriate operations specifications authorizing it to conduct intrastate common carriage operations under part 135 ofthe Federal Aviation Regulations (FAR).

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2. At aU times referenced herein. Respondent was authotized 

### by it operations specification to conductits operations subject to part 135 ofthe FARin civil aircraft N777YA. a Douglas Model 

### DC-3C airp1ane. 3. At all times referenced herein, Respondent wa.s required 

### by its operations speciHcatiol).s to use Donald P. Ballard as the second in command in its operations subject to part 135 ofthe 

### FAR.
4. During the period from about February 21,2009, through 

### May 1,2009, Respondent operated civil aircraftN777YA on some 19 flights in air commerce that were**su~jec1** to part 135 ofthe FAR. 5. For the flights referenced jnparagraph 4. Respondent used William Coon as the second in command.

III 1. 

### By reason ofthe foregoing facts and circumstances, Respondent violated § 

### 119.5(1) of the Federal Aviation Regulations in that Respondent operated an aircraft under part 135 ofthe FAR in violation ofan air carrier operating certificate, operating certificatt:, or appropriate operations specifications issued under par 119 ofthe FAR.

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.. OMS 004/005

2. Pursuant to 49U.S.C. 

### §46301(a) and 14 C.F. 

### R. § 13305(d), Respondent is subject to a civil penalty of$11 ,000 for each violation ofthe FAR. 3. Under the facts and circumstances ofthis case, a civil penalty of$2,800 is appropriate. 

### WHEREFORE, the Federal Aviation Administration, 

### by counsel, respectfully requests that the administrative lawjudge enter an order that Respondent be assessed a civil penalty in the amount of$2,800.

# RESPECTI~ULL Y SUBMITTED this 

### (7th of 

# ;\1 <lIe.

# h- 

# dO I

# 0 . HOWARD L. MARTIN, JR. Regional Counsel By:

# ~~ Olenn 

### H. Brown Senior Attorney



### 304/08/2010 14:07 FAX 2024935142 FAA -7 OMS 005/005



### CERTIFICATE OF SERVICE Re: Bush Air 

### Cargo, Inc. FAA Case No. 2009AL030119 FAA Docket 

### No. To Be Assigned 1hereby certify that on this date I served a copy ofthe FAA's Complaint 

### and a copy ofthe 

### foregoing letter by placing them in the United States Mail, postage-prepaid, certified mail, return receipt requested, addressed as follows: Barton M. Tieman President, 

### Bush Air Cargo, Inc. 

### P.O. Box 93144 Anchorage, AK 

### 99509-3144 I further certify

### that on this date I have served the original ofthe foregoing letter and the original and one copy 

### ofthe FAA's 

### CompJaint by postage..,prepaid, certified mail, return receipt requested, addressed as follows: Federal Aviation Administration 800 

### Independence Avenlle, SW 

### Washington, DC 

### 20591 ATTN: 

### Hearing Docket Clerk, AGC-430 WiJbur 

### Wright Building - Suite 2Wl000

# ~1/f;2010 Date**Anchorage~** 

### Alaska 99513-7587 Oft1ce ofthe Regional C(,)Un 

### 222 West 7th A

### venue #

### 14

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