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U.S. Deportment ofTransportation 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 2Wl000 Washington, DC 20591 In the Matter ofBaerAir. 

### Inc. Docket No. CP- 

## o I \ \ Case No. 201180150234 DearMs. Jefferson: 12 New England Executive Park Burlington, MA 01803"5299

Enclosed please fmd the corrected Complaint inthe above-referenced matter. Sincerely,

# V!itB~ETI Senior Attorney Enclosures04/03/2014 15:28 7812387055 FAA NE REGIONAL CNSL PAGE 03/07

In the Matter of: BaerAir, Inc. U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Served: March31,2014 FAADocketNo. 

### ;;JO I 1

### )i 

## I FAA CaseNo. 2011S0150234 Judge NotAssigned
COMPLAINT The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 ofthe Rules ofPractice (14 C.F.R 13.208), and states as follows: 1. At all times herein, BaerAir, Inc. (b.ereiuafter BaerAir) was and is nowthe holder ofAir Carrier CertificateNo. BP5A605Kwith Operation Specifications. 2. At all material times herein, under Baer Air's Operation Specification Paragraph D073, BaerAirwas authorized and requiredto maintain aircniftN959GM, 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, withregard to the AAIP, that "A complete scheduled inspection (all Phase 1, 2, 3, and 4 Inspections) mustbe accomplished within a 24-calendar-month period. Any part ofthe inspection which has notbeen accomplished will become due immediately. Completion ofthe 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"), 

### ofyour facility. 

### 5. Inspection

### ofthe aircraft maintenance records for aircraftN959GMrevealed the following with regardto completion ofthe 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 onApril14, 2009. b. Phase 1 Inspection was completed at 8,240.6 hours TTAF and 2,766.5 Hobbs metertime 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 onApril21, 2011. f. A 30 day inspection was performed on May 17, 2011. 2. In accordance with the AAIP describedinparagraph 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 ofthe Phase 4 Inspection due on Apri130, 2011. 4. Th.e aircraft flight 

### logs for aircraftN959GM contain the recordation ofthe following 14 CFR91 accomplished flights 

### betweenthe Phase 4 Inspection due date ofApril 30, 2011 (described in paragraph 6) and the FAAinspection on or about May 24, 2011 to May 26, 2011 (described inparagraph 4): a. 05/09/2011
- MLBto 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!22/2011
- SFB to 

### MLB
- 1700 to 1725

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The aircraft flight logs for aircraft N959GM contain. tl)e recordation ofthe following 14 CFR 135 accomplished flights between the Phase 4 Inspection due date ofApril 30, 2011 (described in paragraph 6) andthe 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

### J1 - 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- PIEto 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 ofthe flights described above atparagraphS, civil aircraft N959GM was not maintained in accordance with the AAlP in Baer Air's GMM. 6. Atthe time ofthe flights described above atparagraph 9, civil aircraft N959GM was not maintained in accordance with the AAIP in Baer Air's GMM. 7. Atthe time ofthe aforementioned flights, Baer Air failed to select, identify in the aircraft maintenance records, and use anapproved aircraftinspection program under 14 CFR 135.419 and currently inuse by a person holding an operating certificate under part 135 of14CFR. 8. By reason ofthe foregoing, Baer 

### Air operated civil aircraftN959GM in violation ofits operations specifications. 9. Byreason oftl1e foregoing facts and circumstances, you violated the folloWing sections of the Federal Aviation Regulations (Title 14, Code ofFederal Regulations:
a. Section 91.409(£)(2) io. that the registered owner or operator ofeach airplane described in paragraph (e) ofthis section, must select, identify in tbe aircraft maintenance records, anduse an approved aircraft inspectionprogram approved under Section 135.419 ofthis chapter and currently inuse by a person holding an operating certificate underpart 135 ofthis chapter. 304/03/2014 15:28 7812387055 FAA NE REGIONAL CNSL PAGE 05/07

b. Section 119.5(1) inthatno person way operate an aircraft under this part, part 121 ofthis chapter, or part 135 ofthis chapter 

### inviolation ofan air carrier operating certificate, operating certificate, or appropriate operations specifications issued underthis part. Under 49 U.S.C. Sections 46301, BaerAir is subject to a 

### civil penalty not to exceed$11,000 for each violation ofthe regulations. Byreason ofthe foregoing facts and circumstances, we propose to assess a civil penalty inthe amount of$22,000. WHEREFORE, the Agency, by counsel, respectfully requests that the Administrative Law Judge enter an order that Respondentbe assessed a civil penalty inthe amount of$22,000. Respectively submitted, 

### CHRISTOPHER POREDA Regional Counsel

# .~/**?~** 

# ;;· VIN ENT J. BENNETT Senior Attorney for Complainant Office ofthe Regional Counsel Federal Aviation Administration 12NewEngland Executive Park Burlington, MA01803 (781) 238-7044

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### CERTIFICATE OF SERVICE I hereby certify that I have sent this day by Certified Mail-ReturnReceipt 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 thatI have sentthis day by Federal Express and Facsimile an original ofa corrected Complaint to: Sharice Jefferson, Hearing Docket Clerk, AGC-430 Federal AviationAdministration 600 Independence Avenue, SW Wilbur WrightBuilding- Suite 2W1000 Washington, DC 20591 FAXNo. (202)493,5142 Phone: (202) 385-8230

Lisa A Melanson ' April 4, 2014 Paralegal

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