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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 FAA proposed to assess a civil penalty in the 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 written request for a hearing. 

II. 

1. Respondent is now, and at all times referenced herein it was, the holder of an 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 

conduct its operations subject to part 135 of the FAR in 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 aircraft N777YA on some 19 flights in air commerce that were su~jec1 to part 

135 ofthe FAR. 

5. For the flights referenced jn paragraph 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 of an air carrier operating certificate, operating certificatt:, or 

appropriate operations specifications issued under par 119 ofthe FAR. 

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2. Pursuant to 49 U.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 of this case, a civil penalty of $2,800 is appropriate. 

WHEREFORE, the Federal Aviation Administration, by counsel, respectfully requests 

that the administrative law judge enter an order that Respondent be assessed a civil penalty in the 

amount of $2,800. 

RESPECTI~ULLY SUBMITTED this (7th of ;\1 <lIe. h- dO I 0 . 

HOWARD L. MARTIN, JR. 

Regional Counsel 

By: 

Olenn 

~~ H. Brown 


Senior Attorney 


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CERTIFICATE OF SERVICE 

Re: 	 Bush Air Cargo, Inc. 

FAA Case No. 2009AL030119 

FAA Docket No. To Be Assigned 

1 hereby certify that on this date I served a copy of the FAA's Complaint and a copy of the 

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 2Wl 000 

~1/f;2010 Date 

Anchorage~ Alaska 99513-7587 

Oft1ce ofthe Regional C(,)Un 

222 West 7th A venue #14 

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