U.S. Department ofTransportation Federal Aviation Administration In Reply Refer To: ACE-7 2013CE190010

CERTIFIED MAIL- RETURN RECEIPT REQUESTED Office ofRegional Counsel 901 Locust, Room 506 Kansas City, MO 64106-2641

Area Code: 816-329-3766
Certifed Mail Receipt Nos. 70111150000003378454, 70111150000003378461 & 70111150000003378478 August 13,2014 Hearing Docket Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Room Suite 2W1 000 Re: In the Matter ofGrande Aviation, LLC Case No. 2013CE190010 

# RECEIVED AUG 1 8 2014 

## HEARING DOCKET

# ~014- 

# OCS45

Enclosed herewith please find a copy ofa request for a hearing and the original and one copy ofthe Complaint in the above-referenced proceeding. The FAA requests that the hearing in this matter be held in Kansas City, Missouri, and expects thatthe hearing will last one day. Please address all communications for the FAA to Gayle E. Townsend, Federal Aviation Administration, Central Region, ACE-7, Room 506, DOT Building, 901 Locust, Kansas City, MO 64106-2641. Sincerely, A. Lester Haizlip Regional Counsel By: 

# J

Gayle E. Townsend Attorney Enclosures
cc: Grand Aviation, LLC Kent S. Jackson, Esq.U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION 

# RECEIVED In the Matter of: Served: August 13,2014**~** FAADocketNo. 

## 0)0 lL.j 

# -06<-tSAUG 18 20h FAA Case No. 2013CE190010 

## HEARING DOCKET _:::Gc::ran=d:::e..:A..:.v:..:i::::at::.:io::::n,,_,L::.:L::.:C:::.....
______ ....J Judge Not Assigned 

### COMPLAINT
The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuantto Rule 208 ofthe Rules ofPractice (14 C.P.R. 13.208), and states as follows: I. 1. On February 13,2014, Respondent Grande AviationLLC (Grande Aviation) was advisedthrough a Notice ofProposed Civil Penaltythatthe FAAproposed to assess a civil penalty inthe amount of$6,600. OnAugust 5, 2014, Respondent submitted a writtenrequest for
a hearing. 

### II. 1. At all times hereinmentioned, Grande Aviation, LLC (Grande Aviation) was the holder ofAir Carrier Certificate Number 9GEA814M, authorized to operate as an air carrier under Part 135 ofthe Federal Aviation Regulations. 2. At all times hereinmentioned, GrandeAviation employed ShaunKruchek and Kris Mear as pilots and flight crewmembers for the company. 3. On or about December 12, 2012, representatives ofthe Administrator ofthe Federal Aviation Administration (FAA) conducted an inspection ofthe training and dispatch records ofGrande Aviation. 4. Duringthe inspectionreferenced inparagraph 3 herein, the Administrator's representatives discoveredthe following withrespect to the duty times and crewrest times of airmen ShaunKruchek and Kris Mear: a) Re: Mr. Shaun Krucheki) On or about May 20, 2012, airman Kruchek was released from duty as a flight crewmember to crewrest status at 2130 hours. He then returned to duty as a flight crewmember onMay 21, 2012, at 0700 hours, thus providing for a crew restperiod ofonly 9.5 hours overthe preceding 24- hourperiod instead ofthe 10 consecutive hours ofrestrequired for that period. 2

ii) On or about October 2, 2012, airman Kruchek startedhis duty day at 0530 hours as a flight crewmember. His flight and duty time on October 2, 2012, ended at 2330 hours, which equatedto a total of 17.5 flight duty hours during a consecutive 24-hour period. On October 2, 2012, Airman Kruchek's total flight time duty as a crewmember exceededthe maximum number ofhours allowed for flight duty time for a regularly assigned duty period, which is 14 hours. b) Re: Mr. Kris Mear On or about June 6, 2012, airman Mear was released from duty as a flight
crewmember to crew rest at 2000 hours. He then returned to duty as a flight crewmember on June 7, 2012, at 0500 hours, thus allowing for a
crewrest period ofonly 9.0 hours over a 24-hour period, instead ofthe 10 hours required for thatperiod. 

### III. 1. Byreason ofthe foregoing facts and circumstances, Grande Aviationviolatedthe following Federal AviationRegulations (FARs):
a. Section 135.267(c), which states that a flight crewmember's flight time may exceed the flight times ofparagraph (b) ofthis section ifthe assigned flight time occurs during a regularly assigned duty period ofno more than 14 hours.3


### b. Section 135 .267(d), which states that each assignment under paragraph (b) of this section mustprovide for at least 10 consecutive hours ofrest dming the 24-hour period that precedes the planned completion time ofthe assignment. 2. Pursuant to Title 49 U.S.C. 46301, Respondent is subject to a civil penalty not to exceed $11,000 for each ofthe violations alleged. 3. Under the facts and circumstances ofthis case, a civil penalty of$6,600 is appropriate. WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge enter an order that Respondent be assessed a civil penalty in the amount of$6,600.
Dated this 13th 

### dayofAugust, 2014.

I

### Respectfully submitted, A. 

### Lester Haizlip Regional Counsel By:



### <f Gayle E. Townsend 1 

### Attorney for Complainant

Federal Aviation Administration 901 Locust St., Room 506 Kansas City, MO 64106-2641 816-329-3766; Fax (816) 329-3771

### Answer 

### Section 13.209(a) ofthe Rules ofPractice inFAA 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 l3.218(f)(l-4) instead offiling an answer, not later than 30 days after service ofthe complaint. Section l3.209(f) states, "A person's failure to file an answer without good cause shall be deemed an admission ofthe truth ofeach allegation contained in the complaint. 

### 45 

### Grande Aviation, LLC, FAA Case No. 2013CE190010
CERTIFICATE OF SERVICE 

### I hereby certify that I have this date placed inthe United States mail, certified mail, return receipt requested, a copy ofthe Administrator's Complaint, addressed to: Grande Aviation, LLC 10919 Murdock Drive Knoxville, TN 37932-3017 KentS. Jackson, Esq. Jackson & 

### Wade, LLC 21628 Midland Drive Shawnee, KS 66218 In addition, I hereby certifythat I have this date placed in the United States mail, certified mail, return receipt requested, the 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, Room 2Wl000

Datedthis 13 1 h 

### day ofAugust, 2014. Alisa Gause Paralegal Specialist

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION 

## 2614 MJG -5 

## AH iO: 28 WASHINGTON, D.C.

Michael P. Huerta, Administrator, Federal Aviation Administration, Complainant; 

### v. GRANDE AVIATION, LLC Respondent. ) ) ) ) ) ) ) ) ) ) 

# ..**U:-:_.:J.~L** i... 

### AC£-t

Case No. 2013CE190010 Judge: Not yet assigned Hearing Date: Not yet assigned Hearing Location: Notyet assigned
REQUEST FOR HEARING 

### In accordance with 14 C.F.R. § 13.16 and Subpart G ofPart 13 ofthe Code ofFederal Regulations, Respondent Grande Aviation, LLC by and through undersigned counsel, hereby files this Request for Hearing as outlined in the Final Notice ofProposed Civil Penalty dated July 24, 2014 in connection with Complainant's Case No. 20 l3CE190010, proposing a penalty of $6,600.

Dated: August 4, 2014 Respectfully Submitted,

KentS. Jackson 21628 Midland Dr. Shawnee, KS 66218 Phone (913) 338-1700 Fax (913) 338-1755 ATTORNEY FORRESPONDENT

### CERTIFICATE OF SERVICE 

### I hereby certify that I have this day served the foregoing document on the following parties' counsel or designated representatives at the address indicated by Federal Express to the following addresses: Original and one copy:

One Copy:

Dated this 4th day ofAugust, 2014 Federal Aviation Administration Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Room 2014 600 Independence Ave. SW Washington, D.C. 20591

Gayle E. Townsend, Attorney Federal Aviation Administration Office ofRegional Counsel- ACE-7 Central Region 901 Locust, Room 506 Kansas City, MO 64106-2641

Kent. S. Jackson ATTORNEY FOR RESPONDENT