U.S. Department 

of Transportation 

Federal Aviation 

Administration 

In Reply Refer To: ACE-7 

2013CE190010 

CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Office of Regional 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 A venue SW 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Room Suite 2W1 000 

Re: In the Matter of Grande Aviation, LLC 

Case No. 2013CE190010 

RECEIVED 

AUG 1 8 2014 

HEARING DOCKET 

~014- OCS45 

Enclosed herewith please find a copy of a 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 that the 

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 ~ 

FAA Docket No. 0)0 lL.j -06<-tS AUG 1 8 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, 

pursuant to Rule 208 of the Rules of Practice (14 C.P.R. 13.208), and states as follows: 

I. 

1. On February 13,2014, Respondent Grande Aviation LLC (Grande Aviation) was 

advised through a Notice of Proposed Civil Penalty that the FAA proposed to assess a civil 

penalty in the amount of $6,600. On August 5, 2014, Respondent submitted a written request for 

a hearing. 

II. 

1. At all times herein mentioned, Grande Aviation, LLC (Grande Aviation) was the 

holder of Air Carrier Certificate Number 9GEA814M, authorized to operate as an air carrier 

under Part 135 of the Federal Aviation Regulations. 

2. At all times herein mentioned, Grande Aviation employed Shaun Kruchek and 

Kris Mear as pilots and flight crewmembers for the company. 

3. On or about December 12, 2012, representatives of the Administrator ofthe 

Federal Aviation Administration (FAA) conducted an inspection of the training and dispatch 

records of Grande Aviation. 

4. During the inspection referenced in paragraph 3 herein, the Administrator's 

representatives discovered the following with respect to the duty times and crew rest times of 

airmen Shaun Kruchek and Kris Mear: 

a) Re: Mr. Shaun Kruchek 
i) On or about May 20, 2012, airman Kruchek was released from duty as a 

flight crew member to crew rest status at 213 0 hours. He then returned to 

duty as a flight crewmember on May 21, 2012, at 0700 hours, thus 

providing for a crew rest period of only 9.5 hours over the preceding 24-

hour period instead of the 10 consecutive hours of rest required for that 

period. 

2 

ii) On or about October 2, 2012, airman Kruchek started his duty day at 0530 

hours as a flight crewmember. His flight and duty time on October 2, 

2012, ended at 2330 hours, which equated to 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 exceeded the maximum 

number of hours 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 

crew member 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 

crew rest period of only 9.0 hours over a 24-hour period, instead of the 10 

hours required for that period. 

III. 

1. By reason of the foregoing facts and circumstances, Grande Aviation violated the 

following Federal Aviation Regulations (FARs): 

a. Section 135.267(c), which states that a flight crewmember's flight time may 

exceed the flight times of paragraph (b) of this section if the assigned flight 

time occurs during a regularly assigned duty period of no more than 14 hours. 
3 

b. Section 135 .267( d), which states that each assignment under paragraph (b) of 

this section must provide for at least 10 consecutive hours of rest dming the 

24-hour period that precedes the planned completion time of the assignment. 

2. Pursuant to Title 49 U.S.C. 46301, Respondent is subject to a civil penalty not to 

exceed $11,000 for each of the violations alleged. 

3. Under the facts and circumstances of this 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 day of August, 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) of the Rules of Practice in FAA 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 of filing an answer, not later than 30 days 

after service of the complaint. 

Section l3.209(f) states, "A person's failure to file an answer without good cause shall be 

deemed an admission of the truth of each allegation contained in the complaint. 

4 
5 

Grande Aviation, LLC, FAA Case No. 2013CE190010 

CERTIFICATE OF SERVICE 

I hereby certify that I have this date placed in the United States mail, certified mail, return 

receipt requested, a copy of the Administrator's Complaint, addressed to: 

Grande Aviation, LLC 

10919 Murdock Drive 

Knoxville, TN 3 793 2-3 017 

KentS. Jackson, Esq. 

Jackson & Wade, LLC 

21628 Midland Drive 

Shawnee, KS 66218 

In addition, I hereby certify that 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 2Wl 000 

Dated this 131

h day of August, 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. 

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

AC£-t 

Case No. 2013CE190010 

Judge: Not yet assigned 

Hearing Date: Not yet assigned 

Hearing Location: Not yet assigned 

REQUEST FOR HEARING 

In accordance with 14 C.F.R. § 13.16 and Subpart G of Part 13 of the Code of Federal 

Regulations, Respondent Grande Aviation, LLC by and through undersigned counsel, hereby 

files this Request for Hearing as outlined in the Final Notice of Proposed Civil Penalty dated July 

24, 2014 in connection with Complainant's Case No. 20 l3CE19001 0, 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 FOR RESPONDENT 
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 of August, 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 of Regional Counsel- ACE-7 

Central Region 

901 Locust, Room 506 

Kansas City, MO 64106-2641 

Kent. S. Jackson 

ATTORNEY FOR RESPONDENT