U.S. Department 

of Transportation 

Federal Aviation 

Administration 

JUL l 2 2012 

Eastern Region 

Office of Regional Counsel 

Federal Aviation Administration 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

800 Independence Avenue, S. W. 

Washington, D.C. 20591 

1 Aviation Plaza 

Jamaica, New York 11434 

Telephone: 718-553- 3268 

Facsimile: 718-995-5699 

i',J 

Re: In the Matter of Air Ambulance by Air Trek, Inc. 

Docket Number FAA-2011-1003 

FAA Docket 2009EA030037 

Ladies & Gentlemen: 

At the request of the Office of Hearings, U.S. Department of Transportation, the following 

documents are hereby submitted for inclusion in the docket of the matter referred to above: 

Notice of Proposed Civil Penalty 

Final Notice of Proposed Civil Penalty 

Respectfully submitted, 

ALFRED R. JOHNSON, JR. 

Regional Counsel 

By: Stephen ~2~ W. Brice>AilleY 

Enclosure 

cc: The Honorable Ronnie A. Yoder 

Gregory S. Winton, Esq. 

RECEIVEL 

JUL 1 6 2012 

HEARING DOCKET 
U.S. Department 

of Transportation 

Federal Aviation 

Aclrnlrlstratlon,.., .. U\... 1 ~ Lu: 0 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3268 

Facsimile: 718 995-5699 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

President 

Air Ambulance by Air Trek, Inc. 

6300 Riverside Drive 

Punta Gorda, FL 33982 

Docket No. 2009EA030037 

1 Aviation Plaza 

Jamaica, NY 11434 

NOTICE OF PROPOSED CIVIL PENALTY 

TAKE NOTICE that this office has received an investigative report from which it appears 

that Air Ambulance by Air Trek, Inc. violated the Federal Aviation Regulations by reason 

of the following: 

1. Air Ambulance by Air Trek, Inc. is the registered owner and operator of 

Cessna Citation Model550 aircraft, identification number N744AT. 

2. At all times pertinent hereto, Air Ambulance by Air Trek, Inc. was the person 

responsible for ensuring the proper maintenance of aircraft N744AT in 

accordance with the Federal Aviation Regulations (14 CFR). 

3. Aircraft N744AT is a transport category airplane certificated pursuant to Part 

25 of the Federal Aviation Regulations (14 CFR). 

4. In or about February 2009, aviation safety personnel from the Allegheny 

Flight Standards District Office performed an inspection of aircraft N744AT 

at Washington County Airport, Washington, Pennsylvania, to ensure its 

conformity for inclusion (hereinafter, "the conformity inspection") on the 

operations specifications of a Part 135 operator, Aero National, Inc. 

5. At the time of the conformity inspection, aircraft N7 44AT presented the 

following conditions: 

a. Installation of aluminum carpet trim labeled with hardware store bar 

codes; 
b. No documentation showing compliance with Airworthiness Directive 

("AD") 74-08-09; 

c. No documentation showing periodic inspections and function testing of 

the Ameri-King AK-450 emergency locator transmitter ("EL T"); 

d. Cracked seat tracks that were also missing seat stops and exhibiting 

elongated holes; and 

e. Installation of a Garmin GNS-530 Wide Area Augmentation System 

(W AAS) upgrade pursuant to Supplemental Type Certificate (STC) 

SAOI933LA. 

6. At the time of the conformity inspection, no FAA Form 337, aircraft logbook 

entries, or maintenance record entries documented the installation of the 

aluminum carpet trim in aircraft N744AT labeled with hardware store bar codes 

that was observed in or about February 2009. 

7. At the time of the conformity inspection, the aircraft records for N744AT 

contained no approved data to substantiate the aviation application of the 

aluminum carpet trim installed in ·aircraft N744AT labeled with hardware store 

bar codes that was observed in or about February 2009. 

8. The aluminum carpet trim installed in aircraft N744AT labeled with hardware 

store bar codes that was observed ih or about February 2009 was installed prior 

to February II, 2009. 

9. At the time of the conformity inspection, the aircraft records for N744AT 

contained no certificate of conformity to ensure that the aluminum carpet trim 

installed in aircraft N744AT labeled with hardware store bar codes that was 

observed in or about February 2009 was eligible for installation in the aircraft. 

10. The installation of the aluminum carpet trim in aircraft N744AT labeled with 

hardware store bar codes that was observed in or about February 2009 rendered 

aircraft N7 44AT unairworthy. 

11. Air Ambulance by Air Trek did not ensure that maintenance personnel made 

appropriate entries in the aircraft maintenance records indicating that aircraft 

N744AT had been approved for return to service following the installation of the 

aluminum carpet trim in aircraft N744AT labeled with hardware store bar codes 

that was observed in or about February 2009. 

2 
. ~· 

12. AD 74-08-09 requires the installation of placards prohibiting smoking in the 

lavatory and disposal of cigarettes in the lavatory waste receptacles; 

establishment of a procedure to announce to airplane occupants that smoking is 

prohibited in the lavatories; installation of ashtrays at certain locations; and 

recurring inspections not to exceed 1 ,000 hours time in service to ensure that 

lavatory waste receptacle doors operate correctly. 

13. AD 74-08-09 pertains to aircraft N744AT. 

14. At the time of the conformity inspection, the AD compliance records for aircraft 

N744AT did not show compliance with AD 74-08-09. 

15. Failure to comply with AD 74-08-09 rendered N744AT unairworthy. 

16.At all times pertinent hereto, an Ameri-King AK-450 ELT was installed in 

aircraft N744AT. 

17. The instructions for continued airworthiness for the Ameri-King AK-450 ELT 

require periodic inspections and tests to include a Transmitter Functional Test of 

the ELT system every 3 months as per section 3.3 of the Ameri-King AK-450 

EL T Emergency Locator Installation & Operation Manual. 

18. The instructions for continued airworthiness for the Ameri-King AK-450 ELT 

require an annual inspection to comply with 14 C.P.R. 91.207(d). 

19. At the time of the conformity inspection, the maintenance records for aircraft 

N744AT did not show compliance with the instructions for continued 

airworthiness for the Ameri-King AK-450 ELT with regard to the periodic 

inspection and testing of the ELT to include a Transmitter Functional Test of the 

EL T system every 3 months. 

20. At the time of the conformity inspection, the maintenance records for aircraft 

N744AT did not show compliance with the instructions for continued 

airworthiness for the Ameri-King AK-450 ELT with regard to an annual 

inspection to comply with 14 C.P.R. 91.207(d). 

21. The condition of the cracked seat tracks with missing seat stops and elongated 

holes that were discovered in aircraft N744AT during the conformity inspection 

in or about February 2009 rendered the aircraft unairworthy. 

22. Upon information and belief, the cracked seat tracks with missing seat stops and 

elongated holes that were discovered in aircraft N744AT during the conformity 

inspection in or about February 2009 were and remained in a similarly 

unairworthy condition as of at least October 2008. 

3 
23. On or about May 5, 2008, Nebo Aviation Services of Punta Gorda, Florida, 

installed a Garmin GNS-530 WAAS upgrade in aircraft N744AT at the direction 

of or with the permission of Air Ambulance by Air Trek. 

24. The Garmin GNS-530 W AAS is a Garmin 500W series GPS-W AAS navigation 

system. 

25. The W AAS upgrade described above was installed pursuant to Supplemental 

Type Certificate (STC) SAO 1933LA. 

26. Air Ambulance by Air Trek altered aircraft N744AT by having Nebo Aviation 

Services install the Garmin GNS-530 W AAS upgrade pursuant to STC 

SA01933LA as described in the preceding paragraph. 

27. The approved model list for STC SA01933LA does not include the Cessna 

Citation Model 550 among the aircraft for which installation of the Garmin 

Model 400W or 500W series GPS-W AAS navigation system is approved. 

28. The installation of the Garmin 530 WAAS upgrade in aircraft N744AT as 

described above rendered the aircraft unairworthy. 

29. Garmin AT, Inc., is the exclusive holder ofSTC SA01933LA. 

30. At all times pertinent hereto, Air Ambulance by Air Trek did not have written 

permission from Garmin AT, Inc., to utilize STC SA01933LA for installing the 

WAAS upgrade in aircraft N744AT. 

31. Air Ambulance by Air Trek operated, caused to be operated, or authorized the 

operation of aircraft N744AT on the following flights since October 2008 up to 

the time of the conformity inspection described above: 

a. On or about October 24, 2008, from Punta Gorda, Florida, to 

Raleigh-Durham, North Carolina; 

b. On or about October 24, 2008, from Raleigh-Durham, North 

Carolina, to Punta Gorda, Florida; 

c. On an unknown date prior to December 17, 2008, from an 

unknown point of origin to Boca Raton, Florida; 

d. On or about December 17, 2008, from Boca Raton, Florida, to 

Punta Gorda, Florida; and 

e. On or about February 11, 2009, from Punta Gorda, Florida, to 

Washington, Pennsylvania. 

4 
By reason of the foregoing, Air Ambulance by Air Trek, Inc. violated the following 

Federal Aviation Regulations: 

a. Section 39.7, which states that anyone who operates a product that does not 

meet the requirements of an applicable airworthiness directive is in violation 

of this section. 

b. Section 91.403(b ), which states that no person may perfonn maintenance, 

preventive maintenance, or alterations on an aircraft other than as prescribed 

in this subpart and other applicable regulations, including part 43 of this 

chapter. 

c. Section 91.403(c), which states that no person may operate an aircraft for 

which a manufacturer's maintenance manual or instructions for continued 

airworthiness has been issued that contains an airworthiness limitations 

section unless the mandatory replacement times, inspection intervals, and 

related procedures specified in that section or alternative inspection intervals 

and related procedures set forth in an operations specifications approved by 

the Administrator under part. 121, 127 or 135 of the Federal Aviation 

Regulations or in accordance with an inspection program approved under 

§91.409( e) have been complied with. 

d. Section 91.403(d), which states that a person must not alter an aircraftfbased 

on a supplemental type certificate unless the owner or operator of the aircraft 

is the holder of the supplemental certificate, or has written pennission from 

the holder. 

f. Section 91.405(b ), which states that each owner or operator of an aircraft 

shall ensure that maintenance personnel make appropriate entries in the 

aircraft maintenance records indicating the aircraft has been approved for 

return to service. 

g. Section 91.7 (a), which states that no person may operate a civil aircraft unless 

it is in an airworthy condition. 

Air Ambulance by Air Trek, Inc. is liable for a civil penalty not to exceed $25,000 for each 

violation of the regulation(s) in accordance with 49 U.S.C. §4630l(a)(1), or, for small 

business concerns, $11,000 for each violation in accordance with 49 U.S.C. §46301(a)(5). 

After reviewing our investigative file, we propose to assess a civil penalty in the amount of 

$49,000 for these violations. 

5 
'·,· 

Enclosed is information on Air Ambulance by Air Trek, Inc.'s options in responding to 

this Notice. The options include participating in an informal conference with an FAA 

attorney and submitting information to the FAA for consideration. Air Ambulance by Air 

Trek, Inc. must submit, in writing, its choice of the alternatives explained on the enclosed 

information form on or before thirty (30) days after it receives this Notice. If Air 

Ambulance by Air Trek, Inc. fails to submit its choice within that time, it will have no 

further right to participate in the informal procedures. 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: 'YkJ: 

Attorney 

Stephen W. Brie~ ~ 

Enclosures 

Information Sheet 

Reply Form 

Subpart G of 14 C.F.R. 13 

Informal Conference Location List 

cc: AEA-230B/230B/FSDO EA-09 

6 
INFORMATION REGARDING CIVIL PENAL TIES UNDER TITLE 49 U.S.C. SECTION 46301 

Under 49 U.S.C. § 46301, any person who violates pertinent provisions of 49 U.S.C. §§ 40101, ~ ~ .• or any rule, regulation, or order issued thereunder, is 

subject to a civil penalty for each violation. The maximum assessment for each violation is also prescribed by law, as specified in the notice to which this is 

attached. The notice also states the amount of the proposed civil penalty for the alleged<iolation(s). 

This proceeding is governed by the Federal Aviation Regulations (FAR) set forth in 14 C.F.R. § 13.16 and 14 C.F.R. Part 13, Subpart G. Copies of these 

regulations are enclosed. WITHIN THIRTY (30) DAYS AFTER AIR AMBULANCE BY AIR TREK, INC. RECEIVES THE NOTICE TO WHICH THIS 

INFORMATION SHEET IS ATTACHED, Air Ambulance by Air Trek, Inc. may elect to proceed in one or more of the following ways by marking the 

appropriate box(es) on the attached election sheet and returning it by mail or personal-delivery to the address provided below. An explanation of each option is set 

forth below. 

I. Air Ambulance by Air Trek, Inc. may submit the amount of the civil penalty specified in the notice by certified check or money order payable to the "Federal 

Aviation Administration" to the Office of Accounting F AA/MMAC- Attention AMZ-350-EA, Post Office Box 25770, Oklahoma City, OK 73125. 

2. In the alternative, Air Ambulance by Air Trek, Inc. may pay its civil penalty with a credit card over the Internet. To pay electronically, visit the web 

site at http://www.pay.gov and enter the term 'FEA" in the search bar labeled "Search Public Forms" located on the left hand side of the screen. After 

following the link, click on "FAA Civil Penalties-FAA Eastern Region." Air Ambulance by Air Trek, Inc. must then enter the above-listed "Docket 

Number" under the "Civil Penalties Case Number" and Air Ambulance by Air Trek, Inc. must then complete the remainder of the requested 

information. Once Air Ambulance by Air Trek, Inc. has submitted the requested information Air Ambulance by Air Trek, Inc. will be taken to a page 

which allows Air Ambulance by Air Trek, Inc. to either pay by electronic transfer, or by credit card. Fill in the requested information in one of these 

two sections, and submit to complete your payment. 

SUBMITTING THE AMOUNT OF CIVIL PENALTY IN ACCORDANCE WITH PARAGRAPHS I AND 2 CONSTITUTES Air Ambulance by Air Trek, Inc.'S 

AGREEMENT THAT AN ORDER ASSESSING CIVIL PENALTY IN THAT AMOUNT MAY BE ISSUED WITHOUT FURTHER NOTICE. SUBMITTING 

THE AMOUNT OF CIVIL PENALTY ALSO CONSTITUTES Air Ambulance by Air Trek, Inc.'S AGREEMENT THAT IT WAIVES ITS RIGHT TO A 

HEARING IN THIS MATlER. 

3. Air Ambulance by Air Trek, Inc. may submit, in writing, information and evidence demonstrating that a violation of the regulations was not committed or that, 

if it were, the facts and circumstances do not warrant the proposed civil penalty. Information provided will be considered in determining whethea civil penalty 

should be assessed or imposed and the amount of any such civil penalty. This information may be submitted in conjunction with a request for an informal 

conference under paragraph 6. Choosing this option will not affect Air Ambulance by Air Trek, Inc.'s right to a hearing, unless it also elects paragraph 5. 

4. Air Ambulance by Air Trek, Inc. may submit, in writing, information and records indicating that it is financially unable to pay the proposed civil penalty, or 

showing that payment of the proposed penalty would prevent Air Ambulance by Air Trek, Inc. from continuing in business. Choosing this option will not affect 

Air Ambulance by Air Trek, Inc.'s right to a hearing, unless it also elects paragraphS. 

5. Air Ambulance by Air Trek, Inc. may request that a civil penalty be assessed in a specific amount other than that proposed in the notice. If Air Ambulance by 

Air Trek, Inc. chooses this option, it should explain why a reduction in the civil penalty is appropriate, and provide any supporting documentation, The 

information Air Ambulance by Air Trek, Inc. provides will be considered in determining whether the amount it specified should be assessed. If the FAA accepts 

Air Ambulance by Air Trek, Inc.'s offer, this request constitutes Air Ambulance by Air Trek, Inc.'s agreement that an order assessing civil penalty in that amount 

may be issued without further notice. AIR AMBULANCE BY AIR TREK, INC.'S REQUEST ALSO CONSTITUTES ITS AGREEMENT THAT IT WAIVES 

ITS RIGHT TO A HEARING. IF THE FAA DOES NOT ACCEPT AIR AMBULANCE BY AIR TREK, INC.'S OFFER, HOWEVER, ITS RIGHTTO A 

HEARING WILL NOT BEAFFECTED. 

6. Air Ambulance by Air Trek, Inc. may request an opportunity to discuss the matter with an FAA .attorney by a telephonic informal conference, or at an in~ 

person informal conference at one of the following locations: an FAA regional office; the FAA Aeronautical Center in Oklahoma City; or FAA Headquarters in 

Washington, DC. A list of the addresses of these offices (hereafter referred to as "the Informal Conference Location list" or "the I ist") is attached to the enclosed 

reply form. 

A request for an in-person informal conference at any of the offices on the Informal Conference Location I ist will be granted, regardless of whether the office Air 

Ambulance by Air Trek, Inc.'s chooses is the office that issued the notice to which this information sheet is attached. 

If Air Ambulance by Air Trek, Inc. chooses an office on the Informal Conference Location list other than the office that issued the notice, the case ordinarily will 

be transferred to the office Air Ambulance by Air Trek, Inc. requests for full disposition and handling in accordance with the FAA's existing transfer policy, 

which is set forth in paragraph 208(e) of FAA Order No. 2150-3A,provided that (I) a transfer is in the public interest, and (2) the transfer is to an office more 

convenient to its domicile or principal place of business. 

When conditions (I) and (2) are not present, the case will be transferred to the office Air Ambulance by Air Trek, Inc. requests for purposes of the informal 

conference only. Moreover, the office receiving the case only for purposes of the informal conference will consult and coordinate with the office that issued the 

notice before settling or otherwise disposing of the case after the informal conference. 

Air Ambulance by Air Trek, Inc. also may request an in-person informal conference at an FAA office other than those on the Informal Conference Location list. 

If Air Ambulance by Air Trek, Inc. does so, it should indicate on the response form its reason for requesting that particular location. NOTE: Requests for inperson informals at locations not on the Jist will be granted only in very limited circumstances. Air Ambulance by Air Trek, Inc. should not, therefore, expect to · 

have an in-person informal conference at a location other than those on the list. The FAA attorney assigned to this case has discretion to grant a request for an inperson informal conferences at a location other than those on the list only when (I) because of unusual circumstances, the public interest is better served by 

holding an in-person informal conference at such location, or (2) an in-person informal conference can be scheduled to coincide with other previously scheduled 

business at the location requested. In addition, the FAA attorney must be able to schedule the conference within approximately 90 days or the date Air 

Ambulance by Air Trek, Inc. requests an informal conference. Because of these restrictions, Air Ambulance by Air Trek, Inc. is requested to indicate both the 

FAA office it prefers and one of the offices from the Informal Conference Location list. 

To elect a telephone informal conference, choose option 6.a. on the reply form. To elect an in-person informal conference at one of the locations on the Informal 

Conference Location list, choose option 6.b. To elect an i11person informal conference at a location other than those on the list, choose option 6.c. 
If Air Ambulance by Air Trek, Inc. requests an informal conference with an FAA attorney, do not also request at this time a formal hearing under 14 C.F.R. 

§ 13.16, i.e., option 8. Air Ambulance by Air Trek, Inc.'s request for an informal conference will not !ffect its right to request a formal hearing later. 

IMPORT ANT: The informal conference is intended to provide Air Ambulance by Air Trek, Inc. with an opportunity to present its reasons why the FAA should 

not proceed with the action as proposed. It also is intended to provide Air Ambulance by Air Trek, Inc. with an opportunity to present any supporting 

documentation or information its wishes the FAA to consider before the agency decides whether to proceed with the proposed action. Any additional inftmation 

Air Ambulance by Air Trek, Inc. submits will be given our careful consideration. Since the attached letter may become a part of the publicly available records, 

Air Ambulance by Air Trek, Inc. may wish to submit a letter which would be included in these records. 

7. Air Ambulance by Air Trek, Inc. may request that the FAA impose a civil penalty without making findings of violations, and submit the reasons and any 

additional information in writing (with appropriate supporting documentation) to support Air Ambulance by Air Trek, Inc.'s request. If the FAA accepts Air 

Ambulance by Air Trek, Inc.'s offer, this request will constitute Air Ambulance by Air Trek, Inc.'s agreement that a Compromise Order in that amount may be 

issued. AIR AMBULANCE BY AIR TREK, INC.'S REQUEST WILL ALSO CONSTITUTE ITS AGREEMENT THAT IT WAIVES ITS RIGHT TO A 

HEARING. IF THE FAA DOES NOT ACCEPT AIR AMBULANCE BY AIR TREK, INC.'S OFFER, HOWEVER, ITS RIGHT TO A HEARING WILL NOT 

BE AFFECTED. 

8. Air Ambulance by Air Trek, Inc. may request a hearing in accordance with section 13.16 of the FAR. Air Ambulance by Air Trek, Inc.'s request must be 

dated and signed. If Air Ambulance by Air Trek, Inc. requests a hearing, a Complaint will be filed and m. administrative law judge will be appointed to decide the 

case. At the hearing, held under Subpart G of 14 C.F.R. Part 13, the agency will present witnesses and other evidence. Air Ambulance by Air Trek, Inc. also will 

have the opportunity to present witnesses and other evidence. The FAA will have the burden of proof. At the conclusion of the hearing, all issues of fact and law 

will be decided and a decision will be rendered whether, and in what amount, a civil penalty will be assessed. If either party, the agency or Air Ambulance by Air 

Trek, Inc. is dissatisfied with the judge's decision, that party can appeal the judge's decision to the FAA decisionmaker. If Air Ambulance by Air Trek, Inc. is 

dissatisfied with the FAA decisionmaker's decision, Air Ambulance by Air Trek, Inc. may seek review of the FAA decisionmaker's decision in the United States 

Courts of Appeals. 

Air Ambulance by Air Trek, Inc.'s request for a hearing must be made to the Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, SW ., 

Room 924A, Washington, DC, 20591, Attention: Hearing Docket Clerk. Air Ambulance by Air Trek, Inc. must mail a copy to the FAA attorney handling this 

case at the address indicated below. 

All correspondence in this matter shoukl be forwarded to the Office of the Regional Counsel Federal Aviation Administration I Aviation Plaza Jamaica, NY 11434 

Air Ambulance by Air Trek, Inc.'s response to the Notice of Proposed Civil Penalty may be delivered personally to the Office of the Regional Counsel for the 

Eastern Region at the above address during normal business hours. 

Telephone: 718 553-3268 (Collect calls cannot be accepted.) 

2 
Office of the Regional Counsel 

Federal Aviation Administration 

I Aviation Plaza 

Jamaica, NY 11434 

Date 

Air Ambulance by Air Trek, Inc. - 2009EA030037 

Subject: Notice of Proposed Civil Penalty 

In reply to your Notice of Proposed Civil Penalty, Air Ambul!l!lce by Air Trek, Inc. elects to proceed as indicated by my check mark beside the 

numbered paragraph(s) below: 

I. [ ] Air Ambulance by Air 

Trek, Inc. hereby submits the 

amount of the proposed civil 

penalty with the understanding 

that an order assessing a civil 

penalty will be issued in that 

amount without further notice. 

Air Ambulance by Air Trek, 

Inc. UNDERSTANDS THAT 

IT HAS WAIVED ITS RIGHT 

TO A HEARING. 

2. [ ] Air Ambulance by Air 

Trek, Inc. has paid the proposed 

civil penalty with a credit card 

over the Internet at the following 

website: 

http://www.pay.gov 

Air Ambulance by Air Trek, Inc. 

also understands that an order 

assessing civil penalty will be 

issued in the amount without 

further notice. 

Air Ambulance by Air Trek, Inc. 

ALSO UNDERSTANDS THAT 

IT WAIVES ITS RIGHT TO A 

HEARING. 

6.a. [ ] Air Ambulance by Air Trek, Inc. hereby requests a 

telephonic informal conference to discuss this matter with an FAA 

attorney. (An attorney will call Air Ambulance by Air Trek, Inc. at 

the telephone number it provides here: ( ) . Air 

Ambulance by Air Trek, Inc. will be provided at least 2 weeks 

advance notice of the date and time of this conference.) l'OTE: If 

Air Ambulance by Air Trek, Inc. chooses to discuss this matter 

informally by telephone, it should provide any documents or other 

information it wishes to have considered on its behalf before the 

date of the informal conference. 

b. [ ] Air Ambulance by Air Trek, Inc. hereby requests an inperson informal conference with an FAA attorney to discuss this 

matter at (choose an FAA office from the 

attached list). 

c. [] Air Ambulance by Air Trek, Inc. hereby requests an inperson informal conference with an FAA attorney to discuss this 

matter at . Air Ambulance by Air Trek, 

Inc. is requesting an in-person informal conference at this location 

because . Air 

Ambulance by Air Trek, Inc. has also indicated an alternate 

location from the attached list under item 6.b. in the event the FAA 

is unable to grant my request under this option. 

Signature: 

Name: 

Address: 

Telephone: 

Date: 

Case No.: 2009EA030037 

3. [ ] Air Ambulance 

by Air Trek, Inc. 

hereby submits 

evidence and 

information, 

demonstrating that a 

violation of the 

regulations did not 

occur as alleged or that 

the amount of the 

penalty is not warranted 

by the circumstances. 

1.. [ ] Air Ambulance 

by Air Trek, Inc. hereby 

requests that the FAA 

impose a civil penalty 

without making 

findings of violations, 

and submits its reasons. 

This request constitutes 

Air Ambulance by Air 

Trek, Inc.'s agreement 

that if this offer is 

accepted, a compromise 

order will be issued in 

the amount set forth in 

the Notice of Proposed 

Civil Penalty. THIS 

REQUEST ALSO 

CONSTITUTES AIR 

AMBULANCE BY AIR 

TREK, INC.'S 

AGREEMENT THAT 

IF THIS OFFER IS 

ACCEPTED, IT HAS 

WAIVED ITS RIGHT 

TO A HEARING. 

4. [ ] Air Ambulance 

by Air Trek, Inc. 

hereby submits 

information and records 

showing that it is 

financially unable to 

pay the proposed civil 

penalty, or that payment 

of the penalty would 

prevent it from 

continuing in business. 

5. [ ] Air Ambulance 

by Air Trek, Inc. 

hereby requests that the 

proposed civil penalty 

be assessed in the 

amount of 

$ and it 

submits the reasons for 

the reduction ofthe 

proposed amount. This 

request constitutes Air 

Ambulance by Air Trek, 

Inc.'s agreement that if 

this offer is accepted by 

the FAA, an order 

assessing civil penalty 

in the amount it has 

specified may be issued 

without further notice. 

THIS REQUEST ALSO 

CONSTITUTES Air 

Ambulance by Air Trek, 

Inc.'S AGREEMENT 

THAT IT HAS 

WAIVED ITS RIGHT 

TO A HEARING. 

8. [ ] Air Ambulance by Air Trek, Inc. hereby 

requests a hearing in accordance with Subpart G of 

Part 13 of the Federal Aviation Regulations (14 

CFR 13, Subpart G) with the understanding that a 

Complaint will be filed. Air Ambulance by Air 

Trek, Inc. requests that the hearing be held in 

-------,---~,.--· Air Ambulance by Air Trek, Inc. is sending this request both to the 

FAA attorney and to the Hearing Docket, Federal 

Aviation Administration, 800 Independence 

Avenue, SW., Room 924A, Washington, DC, 

20591, Attention: Hearing Docket Clerk. 

[ ] Air Ambulance by Air Trek, Inc. requests that future documents in this case 

be sent to its representative: 

Name: 

Address: 

Telephone: 
FAA LEGAL COUNSEL OFFICE LOCATIONS 

FOR INFORMAL CONFERENCES 

AERONAUTICAL CENTER ALASKA REGION 

Federal Aviation Administration Federal Aviation Administration 

Office of the Regional Counsel (AMG 7) Room 251 Office of the Regional Counsel (AAL-7) 

Mike Monroney Aeronautical Center Alaskan Region Headquarters 

6500 South MacArthur Boulevard 222 West 7th Avenue 

Oklahoma City, OK 73125 Anchorage, AK 99513 

EASTERN REGION GREAT LAKES REGION 

Federal Aviation Administration Federal Aviation Administration 

Office of the Regional Counsel (AEA-7) Office of the Regional Counsel (AGL-7) 

Eastern Region Headquarters Great Lakes Region Headquarters 

I Aviation Plaza O'Hare Lake Office Center, Room 419 

Room 561 2300 East Devon Avenue 

Jamaica, NY 11434 Des Plaines, IL 60018 

NORTHWEST MOUNTAIN REGION SOUTHERN REGION 

Federal Aviation Administration Federal Aviation Administration 

Office of the Regional Counsel (ANM-7) Office of the Regional Counsel (AS0-7) 

Northwest Mountain Region Headquarters Southern Region Headquarters 

1601 Lind Avenue, SW. 1701 Columbia Avenue, Room 530 

Renton, WA 98055-4056 College Park, GA 30337 

WESTERN-PACIFIC REGION FAA HEADQUARTERS 

Federal Aviation Administration Federal Aviation Administration 

Office ofthe Regional Counsel (AW!t-7) Office of the Chief Counsel 

Western-Pacific Region Headquarters 800 Independence Avenue, SW. 

15000 Aviation Boulevard Washington, DC 20591 

Hawthorne, CA 90261 

2 

CENTRAL REGION 

Federal Aviation Administration 

Office of the Regional Counsel (ACE-7) 

Central Region Headquarters 

90 I Locust Room 506 

Kansas City, MO 64106-2641 

NEW ENGLAND REGION 

Federal Aviation Administration 

Office of the Regional Counsel 

(ANE-7) 

New England Region Headquarters 

12 New England Executive Park, Room 311 

Burlington, MA 01803 

SOUTHWEST REGION 

Federal AviationAdministration 

Office of the Regional Counsel (ASW-7) 

Southwest Region Headquarters 

260 I Meacham Boulevard 

Ft. Worth, TX 76193-0007 

EUROPE, AFRICA & MIDDLE EAST 

FANAmerican Embassy 

Office of the Assistant Chief Counsel 

(AEU-7) 

27 Blvd. du Regent, Brussels, Belgium 

(for mailing from U.S.:PSC 82, Box 002, APO 

AE 09710) 
-. 

U.S. Department 

of Transportation 

Federal Aviation 

Ad~~trc~ri" iBH 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3268 

Facsimile: 718 995-5699 

CERTIFIED MAIL -RETURN RECEIPT REQUESTED 

President 

Air Ambulance by Air Trek, Inc. 

6300 Riverside Drive 

Punta Gorda, FL 33982 

Docket No. 2009EA030037 

1 Aviation Plaza 

Jamaica, NY 11434 

FINAL NOTICE OF PROPOSED CIVIL PENALTY 

TAKE NOTICE, that this office has received the information Air Ambulance by Air 

Trek, Inc. submitted on February 9, 2011, in response to the Notice of Proposed 

Civil Penalty issued by this office on October 19, 2010. We have also considered 

the information you provided at the informal conference held December 14, 2010. 

Based on the information you have provided and that contained in the investigative 

report received by this office, it appears that Air Ambulance by Air Trek, Inc. 

violated the Federal Aviation Regulation(s) by reason of the following: 

1. Air Ambulance by Air Trek, Inc. is the registered owner and operll,tor of 

Cessna Citation Model 550 aircraft, identification number N744A:f. 

' 

.. 2. At all times pertinent hereto, Air Ambulance by Air Trek, Inc. was the 

person responsible for ensuring the proper maintenance of aircraft N7 44A T 

in accordance with the Federal Aviation Regulations (14 CPR). 

3. Aircraft N744AT is a transport category airplane certificated pursuant to 

Part 25 ofthe Federal Aviation Regulations (14 CPR). 

4. In or about February 2009, aviation safety personnel from the Allegheny 

Flight Standards District Office performed an inspection of aircraft 

N744AT at Washington County Airport, Washington, Pennsylvania, to 

ensure its conformity for inclusion (hereinafter, "the conformity 
inspection") on the operations specifications of a Part 135 operator, Aero 

National, Inc. 

5. At the time of the conformity inspection, aircraft N744AT presented the 

following conditions: 

a. Installation of aluminum carpet trim labeled with hardware store bar 

codes; 

b. No documentation showing periodic inspections and function testing 

of the Ameri-King AK-450 emergency locator transmitter ("ELT"); 

c. Cracked seat tracks that were also missing seat stops and exhibiting 

elongated holes; and 

d. Installation of a Garmin GNS-530 Wide Area Augmentation System 

(W AAS) upgrade pursuant to Supplemental Type Certificate (STC) 

SAOI933LA. 

6. At the time of the conformity inspection, the aircraft records for N744AT 

contained no approved data to substantiate the aviation application of the 

aluminum carpet trim installed in aircraft N744AT labeled with hardware 

store bar codes that was observed in or about February 2009. 

7. The aluminum carpet trim installed in aircraft N744AT labeled with 

hardware store bar codes that was observed in or about February 2009 was 

installed prior to February 11, 2009. 

8. At the time of the conformity inspection, the aircraft records for N744AT 

contained no certificate of conformity to ensure that the aluminum carpet 

trim installed in aircraft N744AT labeled with hardware store bar codes that 

was observed in or about February 2009 was eligible for installation in the 

aircraft. 

9. The installation of the aluminum carpet trim in aircraft N7 44AT labeled 

with hardware store bar codes that was observed in or about February 2009 

rendered aircraft N744AT unairworthy. 

10.At all times pertinent hereto, an Ameri-King AK-4SO ELT was installed in 

aircraft N744AT. 

2 
11. The instructions for continued airworthiness for the Ameri-King AK-4SO 

EL T require periodic inspections and tests to include a Transmitter 

Functional Test ofthe ELT system every 3 months as per section 3.3 ofthe 

Ameri-King AK-4SO ELT Emergency Locator Installation & Opt!ration 

Manual. 

12. At the time of the conformity inspection, the maintenance records for 

aircraft N744AT did not show compliance with the instructions for 

continued airworthiness for the Ameri-King AK-4SO ELT with regard to 

the periodic inspection and testing of the ELT to include a Transmitter 

Functional Test of the EL T system every 3 months. 

13. The condition ofthe cracked seat tracks with missing seat stops and 

elongated holes that were discovered in aircraft N744AT during the 

conformity inspection in or about February 2009 rendered the aircraft 

unairworthy. 

14. Upon information and belief, the cracked seat tracks with missing seat stops 

and elongated holes that were discovered in aircraft N744AT during the 

conformity inspection in or about February 2009 were and remained in a 

similarly unairworthy condition as of at least October 2008. 

15. On or about May 5, 2008, Nebo Aviation Services of Punta Gorda, Florida, 

installed a Garmin GNS-530 Wide Area Augmentation System (W AAS) 

upgrade in aircraft N7 44AT at the direction of or with the permission of Air 

Ambulance by Air Trek. 

16. The Garmin GNS-530 W AAS is a Garmin 500W series GPS-WAAS 

navigation system. 

17. The W AAS upgrade described above was installed pursuant to 

Supplemental Type Certificate (STC) SAO 1933LA. 

18.Air Ambulance by Air Trek altered aircraft N744AT by having Nebo 

Aviation Services install the Garmin GNS-530 W AAS upgrade pursuant to 

STC SAO 1933LA as described in the preceding paragraph. 

19. The approved model list for STC SAO 1933LA does not include the Cessna 

Citation Model 550 among the aircraft for which installation of the Garmin 

Model400W or 500W series GPS-W AAS navigation system is approved. 

3 
20. The installation ofthe Garmin 530 WAAS upgrade in aircraft N744AT as 

described above rendered the aircraft unairworthy. 

21. Garmin AT, Inc. is the exclusive holder of STC SAO 1933LA. 

22. At all times pertinent hereto, Air Ambulance by Air Trek did not have 

written pemtission from Garmin AT, Inc. to utilize STC SAO 1933LA for 

installing the WAAS upgrade in aircraft N744AT. 

23. Air Ambulance by Air Trek operated, caused to be operated, or authorized 

the operation of aircraft N744AT on the following flights since October 

2008 up to the time of the conformity inspection described above: 

a. On or about October 24, 2008, from Punta Gorda, Florida, to 

Raleigh-Durham, North Carolina; 

b. On or about October 24,2008, from Raleigh-Durham, North 

Carolina, to Punta Gorda, Florida; 1 

c. On an unknown date prior to December 17, 2008, from an unknown 

point of origin to Boca Raton, Florida; 

d. On or about December 17, 2008, from Boca Raton, Florida, to Punta 

Gorda, Florida; and 

e. On or about February 11, 2009, from Punta Gorda, Florida, to 

Washington, Pennsylvania. 

By reason of the foregoing, Air Ambulance by Air Trek, Inc. violated the 

following Federal Aviation Regulations: 

a. Section 91.403(b ), which states that no person may perform 

maintenance, preventive maintenance, or alterations on an aircraft 

other than as prescribed in this subpart and other applicable 

regulations, including part 43 of this chapter. 

b. Section 91.403( c), which states that no person may operate an 

aircraft for which a manufacturer's maintenance manual or 

instructions for continued airworthiness has been issued that contains 

an airworthiness limitations section unless the mandatory 

4 
replacement times, inspection intervals, and related procedures 

specified in that section or alternative inspection intervals and related 

procedures set forth in an operations specifications approved by the 

Administrator under part 121, 127 or 135 of the Federal Aviation 

Regulations or in accordance with an inspection program approved 

under §91.409( e) have been complied with. 

c. Section 91.403( d), which states that a person must not alter an 

aircraft based on a supplemental type certificate unless the owner or 

operator of the aircraft is the holder of the supplemental certificate, 

or has written permission from the holder. 

d. Section 91.7(a), which states that no person may operate a civil 

aircraft unless it is in an airworthy condition. 

In accordance with 49 U.S.C. §46301(a)(5), Air Ambulance by Air Trek, Inc. is 

liable for a civil penalty not to exceed $25,000 for each violation of the 

regulation(s) in accordance with 49 U.S.C. §46301(a)(l), or, for small business 

concerns, $11,000 for each violation in accordance with 49 U.S.C. §46301(a)(5). 

After reviewing our investigative file and the information Air Ambulance by Air 

Trek, Inc. has provided, we propose to assess a civil penalty in the amount of 

$38,500 for these violations. 

Unless Air Ambulance by Air Trek, Inc. mails or personally delivers, in writing, its 

request for a hearing in this matter, on or before fifteen (15) days after it receives this 

Final Notice, we will issue an Order Assessing Civil Penalty and Air Ambulance by 

Air Trek, Inc. will have no further right to a hearing. If Air Ambulance by Air Trek, 

Inc. does not submit a written request for a hearing, it must pay the proposed civil 

penalty. 

Air Ambulance by Air Trek, Inc.'s request for a hearing must be sent to the Hearing 

Docket, Federal Aviation Administration, 800 Independence Avenue, S.W., 

Washington, D.C. 20591, Attention: Hearing Docket Clerk, AGC-430, Wilbur 

Wright Building, Room 20 14, and a copy must be sent to the undersigned FAA 

attorney. The request must be dated and signed in accordance with Section 13.16 of 

the Federal Aviation Regulations (14 C.F.R. 13.16), sent to Air Ambulance by Air 

Trek, Inc. with the Notice of Proposed Civil Penalty. 

Air Ambulance by Air Trek, Inc. may pay the proposed penalty by submitting a 

certified check or money order payable to the "Federal Aviation Administration," to 

the undersigned. 

5 
In the alternative, Air Ambulance by Air Trek, Inc. may pay the civil penalty 

with a credit card over the Internet. To pay electronically, visit the web site 

at http://www.pay.gov and enter the term "FAA" in the search bar labeled 

"Search Public Forms" located on the left hand side of the screen. After 

following the link, click on "FAA Civil Penalties-FAA Eastern Region." You 

must then enter the above-listed "Docket Number" under the "Civil Penalties 

Case Number" and you must then complete the remainder of the requested 

information. Once you have submitted the requested information you will be 

taken to a page which allows you to either pay by electronic transfer, or by 

credit card. Fill in the requested information in one of these two sections, and 

submit to complete your payment. 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: srelfl.~ice Attorney 

cc: AEA-230NFSDO EA-11 

6 
Regional Counsel for the Eastern Region Date 

Federal Aviation Administration 

1 Aviation Plaza 

Jamaica, NY 11434 

Air Ambulance by Air Trek, Im.-- 2009EA030037 

Subject: Final Notice of Proposed Civil Penalty 

Response Attachment 

In reply to your Final Notice of Proposed Civil Penalty, Air Ambulance by Air Trek, Inc. elects to proceed as indicated by its check 

mark beside the numbered paragraph below: 

I. U Air Ambulance by Air Trek, Inc. hereby submits the amount of the proposed civil penalty with the understanding that an 

Order Assessing Civil Penalty will be issued in that amount. 

2. U Air Ambulance by Air Trek, Inc. hereby requests a formal hearing in accordance with Section 13.16 of the Federal 

Aviation Regulations. 

By sending this form to the Federal Aviation Administration, Eastern Region, Air Ambulance 

by Air Trek, Inc. also hereby certifies that a copy of this form has been filed with the Hearing 

Docket Clerk (Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, 

S.W., Room 924A, Washington, DC 20591, Attention: Hearing Docket Clerk). 

**Please note that you will not be entitled to a hearing if you file this f!p!l! with the Federal Aviation Administration. Eastern Region. 

WITHOUT having filed this form or a written request for a hearing with the HEARING DOCKET CLERK. 

ATTORNEY !REPRESENTATIVE 

Signature 

Name: 

Address: -------

Home Phone No.----

Firm: 

Address:--------

Business Phone No. ___ _ Phone No.--------

PRIVACY ACT NOTICE 

This notice is provided in accordance with Section (e)(3) of the Privacy Act, 5 li.S.C. §552a(e)(3), and concerns the information 

requested in the letter or form with which this Notice isenclosed. 

A. Authority. This information is solicited pursuant to 49 U.S.C.l!Ol ~~.,and regulations issued thereunder 

codified in Part 13 of Title 14 of the Code of Federal Regulations. Submission of the telephone number is 

voluntary. The request for information is intended to provide you with an opportunity to participate in the 

investigation. 

B. Principal Putpose. The requested information is intended to assist us in contacting you regarding this 

enforcement case. 

C. Routine Uses. Records from this system of records may be disclosed in accordance with the routine uses as 

they appear in System of Records No. DOT/FAA 847 as published from time to time in theFederal Register. 

D. Effect of Failure to Respond. If you do not provide the requested information, there may be delay in contacting 

you regarding this enforcement case. 
2 

CERTIFICATE OF SERVICE 

I hereby certify that on this day copies of the foregoing letter were served by first class 

mail and/or fax, as indicated, to the following: 

Federal Aviation Administration (Original and one copy) 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building - Room 2014 

800 Independence Avenue, S. W. 

Washington, D.C. 20591 

(mail only) 

The Honorable Ronnie A. Yoder 

U.S. Department of Transportation 

Office of Hearings, M-20, Room El2-320 

1200 New Jersey Ave. 9 S.E. 

Washington, DC 20590 

(triail and fax to: (202) 366-7536) 

Gregory S. Winton, Esq. 

Aviation Law Experts 

1 Research Court, Suite 450 

Rockville, MD 20850 

(mail only) 

Date: July 12, 2012 

~t. iSaooks, 

Paralegal Specialist