04/03/2014 15:28 7812387055 FAA NE REGIONAL CNSL PAGE 02/07 

U.S. Deportment 

of Transportation 

Federal Aviation 

Administration 

April4, 2014 

New England Region 

Office of the Regional Counsel 

FACSIMILE & FEDERAL EXPRESS 

Ms. Sharice Jefferson, Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

800 Independence Avenue, SW 

Wilbur Wright Building, Suite 2Wl 000 

Washington, DC 20591 

In the Matter ofBaer Air. Inc. 

Docket No. CP- o I \ \ 

Case No. 201180150234 

Dear Ms. Jefferson: 

12 New England Executive Park 

Burlington, MA 01803"5299 

Enclosed please fmd the corrected Complaint in the above-referenced matter. 

Sincerely, 

V!itB~ETI Senior Attorney 

Enclosures 
04/03/2014 15:28 7812387055 FAA NE REGIONAL CNSL PAGE 03/07 

In the Matter of: 

Baer Air, Inc. 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

Served: March31,2014 

FAADocketNo. ;;JO I 1)i I 

FAA Case No. 2011S0150234 

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.F.R 13.208), and states as follows: 

1. At all times herein, Baer Air, Inc. (b.ereiuafter Baer Air) was and is now the holder of Air 

Carrier Certificate No. BP5A605K with Operation Specifications. 

2. At all material times herein, under Baer Air's Operation Specification Paragraph D073, 

Baer Air was authorized and required to maintain aircnift N9 59GM, a Hawker Beechcraft 

King Air 90, under an Approved Aircraft Inspection Program (the "AAIP") in order to be 

authori7..ed to conduct Part 135 Operations. 

3. Baer Air's General Maintenance Manual ("GMM") states, with regard to the AAIP, that 

"A complete scheduled inspection (all Phase 1, 2, 3, and 4 Inspections) must be 

accomplished within a 24-calendar-month period. Any part of the inspection which has 

not been accomplished will become due immediately. Completion of the Phase 1, 2, 3, 

and 4 inspections shall be considered as a complete inspection." 

4. On or about May 24,2011 to May 26,2011, FAA Aviation Safety Inspectors conducted 

an inspection, in accordance with an Office Special In,specti.on Program ("OSIP"), of your 

facility. 

5. Inspection of the aircraft maintenance records for aircraft N959GM revealed the following 

with regard to completion of the phase inspections between April 14, 2009 and May 26, 

2011: 

a. Phase 4 Inspection was completed at 8,048.2 hours TTAF and 2,574.1 hours 

Hobbs meter time on April14, 2009. 

b. Phase 1 Inspection was completed at 8,240.6 hours TTAF and 2,766.5 Hobbs 

meter time on January 28,2010 

c. Phase 2lnspection was completed at 8,442.0 hours TTAF and 2,967.9 Hobbs 

meter time on July, 12 2010. 

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d. Phase 3 Inspection was completed at 8,637.3 hours TTAF and 3,163.2 Hobbs 

meter time on March 21, 2011. 

e. A 30 day inspection was performed on April21, 2011. 

f. A 30 day inspection was performed on May 17, 2011. 

2. In accordance with the AAIP described in paragraph 3 for aircraft N959GM, a Phase 4 

Inspection was due on April30, 2011. 

3. The aircraft maintenance records for aircraft N959GM do not reflect completion of the 

Phase 4 Inspection due on Apri130, 2011. 

4. Th.e aircraft flight logs for aircraft N959GM contain the recordation of the following 14 

CFR 91 accomplished flights between the Phase 4 Inspection due date of April 30, 2011 

(described in paragraph 6) and the FAA inspection on or about May 24, 2011 to May 26, 

2011 (described in paragraph 4): 

a. 05/09/2011 - MLB to ORL- 0405 to 0430 

b. 05/09!2011- PIE to MLB- 0820 to 0910 

c. 05/12/2011 -MYBS to FXE -1630 to 1705 

d. 05!16!2011- FXE to MYBS- 0800 to 0834 

e. 05!17/2011 - MLB to MYGF- 0805 to 0900 

f. 05/17/2011- MYGF to MLB -1355 to 1510 

g. 05/18/2011- MLB to PIE -1405 to 1500 

h. 05/18/2011-DTS to MLB- 1750 to 1920 

i. 05122/2011 - MLB to DTS- 0715 to 0900 

j. 05/22/2011-PIEtoMLB-1115to 1210 

k. 05/22/2011- MLB to PBI- 1445 to 1530 

1. 05!22/20 11 - SFB to MLB - 1700 to 1725 

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The aircraft flight logs for aircraft N959GM contain. tl)e recordation of the following 14 CFR 135 

accomplished flights between the Phase 4 Inspection due date of April 30, 2011 (described in 

paragraph 6) and the FAA inspection on or about May 24, 2011 to May 26, 2011 (described in. 

paragraph 4): 

m. 05/06/2011-MLB to MYNN -1015 to 1145 

n. 05/08/20 J 1 - MYNN to MLB - 1900 to 2040 

o. 05/09/2011- ORL to PIE- 0615 to 0655 

p. 05/12/2011- MLB to MYBS- 1510 to 1615 

q. 05116/2011-MYBS to MLB -0909 to 1012 

r. 05/1812011- PIE to DTS- 1550 to 1730 

s. 05/22/2011- DTS to PIE- 0930 to 1100 

t. 05!22/2011 - PBI to SFB - 1545 to 1640 

u. 05/23/2011 - MLB to MY AM- 0945 to 1105 

v. 05/23/2011- MYAM to MLB -1145 to 1255 

5. At the time of the flights described above at paragraphS, civil aircraft N959GM was not 

maintained in accordance with the AAlP in Baer Air's GMM. 

6. At the time of the flights described above at paragraph 9, civil aircraft N959GM was not 

maintained in accordance with the AAIP in Baer Air's GMM. 

7. At the time of the aforementioned flights, Baer Air failed to select, identify in the aircraft 

maintenance records, and use an approved aircraft inspection program under 14 CFR 

135.419 and currently in use by a person holding an operating certificate under part 135 

of14CFR. 

8. By reason of the foregoing, Baer Air operated civil aircraft N959GM in violation of its 

operations specifications. 

9. By reason of tl1e foregoing facts and circumstances, you violated the folloWing sections of 

the Federal Aviation Regulations (Title 14, Code of Federal Regulations: 

a. Section 91.409(£)(2) io. that the registered owner or operator of each airplane 

described in paragraph (e) of this section, must select, identify in tbe aircraft 

maintenance records, and use an approved aircraft inspection program approved 

under Section 135.419 of this chapter and currently in use by a person holding an 

operating certificate under part 135 of this chapter. 

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b. Section 119.5(1) in that no person way operate an aircraft under this part, part 121 

of this chapter, or part 135 of this chapter in violation of an air carrier operating 

certificate, operating certificate, or appropriate operations specifications issued 

under this part. 

Under 49 U.S.C. Sections 46301, Baer Air is subject to a civil penalty not to exceed $11,000 for each 

violation of the regulations. By reason of the foregoing facts and circumstances, we propose to 

assess a civil penalty in the amount of $22,000. 

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 $22,000. 

Respectively submitted, 

CHRISTOPHER PORED A 

Regional Counsel 

?~ .~/ ;;· 

VIN ENT J. BENNETT 

Senior Attorney for Complainant 

Office of the Regional Counsel 

Federal Aviation Administration 

12 New England Executive Park 

Burlington, MA 01803 

(781) 238-7044 

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CERTIFICATE OF SERVICE 

I hereby certify that I have sent this day by Certified Mail-Return Receipt Requested and First 

Class Mail, corrected Complaint to: 

Baer Air, Inc. 

William L. Baer, President 

150 South Apollo Boulevard 

Melbourne, FL 32901 

I also hereby certify that I have sent this day by Federal Express and Facsimile an original of a 

corrected Complaint to: 

Sharice Jefferson, Hearing Docket Clerk, AGC-430 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building- Suite 2W1 000 

Washington, DC 20591 

FAXNo. (202)493,5142 

Phone: (202) 3 85-8230 

Lisa A Melanson ' April 4, 2014 

Paralegal 

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