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U.S. Department 

of Transportation 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3258 

Facsimile: 718 995-5699 

1 Aviation Plaza 

Jamaica, NY 11434 

Federal Aviation 

Administration 

JUN 1 7 2010 

CERTIHED MAIL - RETURN RECEIPT REQUESTED 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk, AGC^430 

Wilbur Wright Building - RQQTO ?01 4 

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m \ 2 2 2010 • 

HEARING DOCKET 

ATTN: HEARING DOCKET CLERK 

Re: In the Matter of Diamond Air Charter, Inc.|c,f|6t A 000^ 

Docket No. 2010EA110008 ' .^ . ^?^ 

Enclosed herein please find a copy of a request for hearing and the original and one 

copy of the FAA's Complaint in the above-entitled action for filing, together with 

proof of service upon the Respondent. 

The FAA requests that the hearing in this matter be held in the Central Islip, LI area, 

and expects that the hearing will last one (1) day. 

Please address all communications for the Federal Aviation Administration to the 

attention of Zachary M. Berman, Office of the Regional Counsel, 1 Aviation Plaza 

Jamaica, NY 11434. 

Sincerely, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Zachary 

Attorney 

Enclosures 

cc: AEA~230(a)/230(b)/~-FSDO 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

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Federal Aviation Administration 

Complainant, 

v. 

Diamond Air Charter, Inc. 

Respondent. 

HEARH^IG •?UUKET 

FAA Docket No. 2010EA110008 

Judge Unassigned 

REQUEST FOR HEARING PURSUANT TO 14 C.F.R. S 13.16 

COMES NOW, Respondent, Diamond Air Charter, Inc., by and through undersigned 

counsel pursuant to 14 C.F.R, § 13.16, and hereby requests a hearing concerning the allegations 

raised in the Administrator's Notice of Proposed Civil Penalty dated May 25,2010, which 

proposes to assess a civil penalty in the amount of $1,100.00. Respondent denies the violations 

alleged in the Administrator's Final Notice of Proposed Civil Penalty and prays that it be reversed. 

Respondent requests that a hearing be held in New York, N.Y. 

Dated: June 3, 2010 

Respepttulljj^^nitted, 

Winton,Esq. 

Aviation Law Firm 

One Research Court, Suite 450 

Rockville, MD 20850 

Tel: (301) 294-8550 !" 

Fax:(301)294-2525 

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CERTIFICATE OF SERVICE 

I hereby certify that I have this date served by regular U.S. mail, postage prepaid, an original and 

one (1) copy of the foregoing Request for Hearing addressed to: 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building, Suite 2W1000 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C; 20591 

And, further, that I have this date served by regular U.S. mail, postage prepaid, a copy of the 

foregoing Request for Hearing addressed to: 

Zachary M. Berman, Esq. 

FAA Eastern Region, AEA-7 

1 Aviation Plaza, Room 561 

Jamaica, NY 11434 

Tel: 718 553-3258 

Fax:718 995-5699 

Dated: June 3, 2010 

Gregar5^ S^^inton, Esq. 

The/Vviation Law Firm 

Onfc Research Court, Suite 450 

tockville, MD 20850 
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U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVL\TION ADMINISTRATION pj|| 2 2 2010 

OFFICE OF HEARINGS 

WASHINGTON, D.C. HEAF^ING DOCKET 

In the Matter of Diamond Air Charter, Inc. 

2010EA110008 

Judge Not Assigned 

COMPLAINT 

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, 

pursuant to Rule 208 of flie Rules of Practice (14 C.F.R. 13.208), and states as 

follows: 

Respondent, Diamond Air Charter, Inc., was advised through a Final Notice of 

Proposed Civil Penalty that the FAA proposed to assess a civil penalty in the amount 

of $1,100. On June 3, 2010, Respondent submitted a written demand for a hearing. 

II 

1. Diamond Air Charter, Inc. is the holder of Air Carrier Certificate No. 

D9CA276H. 

2. On or about October 29, 2009, it was discovered by the Federal 

Aviation Administration that Diamond Air Charter, Inc., was 

advertising or otherwise offering to use a Cessna 560 aircraft, 

identification number N365EA aircraft (hereinafter "the N365EA 

aircraft") in Part 135 (Air Carrier On Demand) flight operations. 

3. At the time, under the operations specifications of Diamond Air 

Charter, Inc., Diamond Air Charter, Inc., was not authorized to 

conduct Part 135 flight operations with any Cessna 560 aircraft, 

including the N365EA aircraft. 
4. At the time, Diamond Air Charter, Inc., was thus not authorize' 

the Federal Aviation Administiation (FAA) to conduct Partf,-

flight operations in die N365EA aircraft. 

5. Diamond Air Charter, Inc., thus advertised or otherwise offeree 

use the N365EA aircraft in Part 135 flight operations when Diariil,, 

Air Charter was not authorized by the FAA to use the N365E 

aircraft in Part 135 flight operations. 

m 

By reason of the foregoing facts and circumstances. Respondent violated the 

following section(s) of the Federal Aviation Regulations: 

a. Section 119.5(k), which states tiiat no person may advertise or 

otherwise offer to perform an operation subject to this part unless tiiat 

person is authorized by the Federal Aviation Administiation ;io 

conduct that operation. 

rv 

1. Pursuant to 49 U.S.C. §46301(a)(l). Respondent is subject to a civil pena 

to exceed $25,000 for each of tiie violations alleged, or, for a small busines 

pursuant to 49 U.S.C. §46301(a)(5). Respondent is subject to a civil p' 

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

2. Under the facts and circumstances of this case, a civil penalty 

appropriate. 
WHEREFORE, the FAA, by counsel, respectfully requests tiiat the 

Administiative Law Judge enter an order that Respondent be assessed a civil penalty 

in the amount of $1,100. 

Respectfully submitted, 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 

Zachary M. Berman 

Attorney 

Federal Aviation Administiation 

1 Aviation Plaza 

Jamaica, NY 11434 

718 553-3258 

718 995-5699 

NOTE: 

The Rules of Practice for this proceeding are set forth in Part 13, 

Subpart G, of the Federal Aviation Regulations (14 C.F.R. Part 13). 

The Rules of Practice provide that Respondent must file a written 

answer to this Complaint, or a written Motion to Dismiss if appropriate, not 

later than 30 days after the date shown on the Certificate of Service. A general 

denial is deemed a failure to file an answer (Section 13.209(e)). 
CERTIFICATE OF SERVICE 

I hereby certify that the foregoing Complaint has been placed this date in the United 

States mail, postage prepaid, by Certified Mail - Return Receipt Requested addressed 

as follows: 

Gregory S. Winton 

Aviation Law Experts , LLC 

One Research Court, Suite 450 

Rockville, MD 20850 

Federal Aviation Administiation (Original and one copy) 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Attii: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

IF FILING BY FEDERAL EXPRESS 

Federal Aviation Administiation (Original and one copy) 

600 Independence Avenue, SW 

Wilbur Wright Building - Room 2014 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Date: 

vlUN 1 7 2010 ^ ^ ; 

'n ^ 

Maryann JVUinone 

Legal Techmcian , 

Federal Aviation Administration 

Office of Regional Counsel 

1 Aviation Plaza 

Jamaica, NY 11434