### U.S. Department ofTransportation Federal Aviation Administration 

### JUL l 2 

## 2012 Eastern Region Office of Regional Counsel



### FederalAviationAdministration Attn: HearingDocketClerk, AGC-430 Wilbur Wright Building- Room2014 800 IndependenceAvenue, S.W. Washington, D.C. 20591 1Aviation Plaza Jamaica, New York 11434 Telephone: 718-553- 3268 Facsimile: 718-995-5699

i',J 

### Re: In the Matter of AirAmbulance byAir Trek, Inc. DocketNumberFAA-2011-1003 FAA Docket2009EA030037

Ladies & Gentlemen: Atthe request ofthe Office ofHearings, U.S. Department ofTransportation, the following documents are hereby submitted for inclusion in the docket ofthe matterreferredto above: Notice ofProposed Civil Penalty Final Notice ofProposed Civil Penalty Respectfully submitted, ALFRED R. JOHNSON, JR. Regional Counsel

By:

# ~2~ Stephen W. Brice>AilleY

Enclosure

cc: The Honorable Ronnie A. Yoder Gregory S. Winton, Esq. 

# RECEIVEL JUL 16

# 2012 

# HEARING DOCKETU.S. Department ofTransportation FederalAviation Aclrnlrlstratlon,..,

..

### 0

U\... 1**~** Lu: Eastern Region Regional Counsel Telephone: 718 553-3268 Facsimile: 718 995-5699



### CERTIFIED MAIL

- RETURN RECEIPT REQUESTED President AirAmbulance by AirTrek, Inc. 6300Riverside Drive PuntaGorda, FL 33982 DocketNo. 2009EA030037 1Aviation Plaza Jamaica, NY 11434



### NOTICE OFPROPOSED CIVILPENALTY TAKENOTICE 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 ofthe following: 1. Air Ambulance by Air Trek, Inc. is the registered owner and operator of CessnaCitationModel550 aircraft, identificationnumberN744AT. 2. At all times pertinenthereto, AirAmbulance by Air Trek, Inc. was the person responsible for ensuring the proper maintenance of aircraft N744AT in accordance with the FederalAviation Regulations (14 CFR). 3. Aircraft N744AT is a transport category airplane certificated pursuant to Part 25 ofthe Federal AviationRegulations (14 CFR). 4. In or about February 2009, aviation safety personnel from the Allegheny Flight Standards District Office performed an inspection ofaircraft N744AT at Washington County Airport, Washington, Pennsylvania, to ensure its conformity for inclusion (hereinafter, "the conformity inspection") on the operations specifications ofaPart 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 compliance with Airworthiness Directive ("AD") 74-08-09;

c. No documentation showing periodic inspections and function testing of the Ameri-KingAK-450 emergency locatortransmitter ("ELT"); d. Cracked seat tracks that were also missing seat stops and exhibiting elongatedholes; 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 ofthe 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 thatwas observed in or aboutFebruary 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 thatwas observed in or aboutFebruary 2009. 8. The aluminum carpet trim installed in aircraft N744AT labeled with hardware store bar codes that was observed ih orabout 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 ofconformity to ensure that the aluminum carpet trim installed in aircraft N744AT labeled with hardware store bar codes that was observed 

### in or aboutFebruary2009 was eligible for installation in the aircraft. 10. The installation ofthe aluminum carpet trim in aircraft N744AT labeled with hardware store bar codes that was observed in or about February 2009 rendered aircraft N744ATunairworthy. 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 ofthe aluminum carpet trim in aircraft N744AT labeled with hardware store bar codes thatwas observed in or aboutFebruary 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 ofa 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 lavatorywastereceptacle doors operate correctly. 13.AD 74-08-09pertains to aircraftN744AT. 14.At the time ofthe conformity inspection, the AD compliance records for aircraft N744AT didnot show compliancewithAD 74-08-09. 15.Failure to complywithAD74-08-09 renderedN744ATunairworthy. 16.At all times pertinent hereto, an Ameri-King AK-450 ELT was installed in aircraftN744AT. 17.The instructions for continued airworthiness for the Ameri-King AK-450 ELT require periodic inspections and tests to include a TransmitterFunctionalTest of the ELT system every 3 months as per section 3.3 ofthe Ameri-King AK-450 ELT EmergencyLocator Installation & OperationManual. 18.The instructions for continued airworthiness for the Ameri-King AK-450 ELT require an annual inspectionto complywith 14 C.P.R. 91.207(d). 19.At the time ofthe 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 ofthe ELTtoinclude a TransmitterFunctional Test ofthe ELT 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 inspectionto complywith 14 C.P.R. 91.207(d). 21.The condition ofthe cracked seat tracks with missing seat stops and elongated holes that were discovered in aircraft N744AT during the conformity inspection in oraboutFebruary2009 renderedthe 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 ofat least October2008.

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 oforwith thepermission ofAirAmbulance by AirTrek. 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 theprecedingparagraph. 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 400Wor500Wseries GPS-W AAS navigation system is approved. 28. The installation of the Garmin 530 WAAS upgrade in aircraft N744AT as described above renderedthe aircraftunairworthy. 29. Garmin AT, Inc., is the exclusiveholder 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 aircraftN744AT. 31.Air Ambulance by Air Trek operated, caused to be operated, or authorized the operation ofaircraft N744AT on the following flights since October 2008 up to the time ofthe 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 PuntaGorda, Florida;

c. On an unknown date prior to December 17, 2008, from an unknownpoint oforigin to BocaRaton, 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 ofan applicable airworthiness directive is in violation ofthis 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 beencompliedwith. d. Section 91.403(d), which states that aperson must not alter an aircraftfbased on a supplemental type certificate unless the owner or operator ofthe aircraft is the holder ofthe 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 nopersonmay operate a civil aircraftunless it is in an airworthy condition. Air Ambulance by Air Trek, Inc. is liablefor 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). Afterreviewing 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. AirAmbulance by Air Trek, Inc. must submit, in writing, its choice ofthe 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.

AlfredR. Johnson, Jr. Regional Counsel

By: 

# 'YkJ:**~** Stephen W.

### Brie~ 

### Attorney Enclosures Information Sheet ReplyForm Subpart G 

### of 14 

### C.F.R. 13 

### Informal Conference LocationList

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

6INFORMATION REGARDING CIVIL PENALTIES UNDER TITLE 49 U.S.C. SECTION46301 Under 49 U.S.C. § 46301, any person who violates pertinent provisions of49 U.S.C. §§ 40101,**~ ~** .• or anyrule, 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 ofthe 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 ofthese 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 orpersonal-delivery to the address provided below. An explanation ofeach option is set forth below. I. Air Ambulance by Air Trek, Inc. may submit the amount ofthe civil penalty specified in the notice by certified check or money order payable to the "Federal Aviation Administration" to the Office of Accounting FAA/MMAC- Attention AMZ-350-EA, Post Office Box 25770, OklahomaCity, 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 barlabeled "Search Public Forms" located on the left hand side ofthe 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 ofthese two sections, and submit to complete your payment. SUBMITTINGTHE AMOUNT OF CIVIL PENALTY IN ACCORDANCE WITH PARAGRAPHS I AND 2 CONSTITUTESAir Ambulance by AirTrek, 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 ofthe regulations was not committed orthat, ifit were, the facts and circumstances do not warrant the proposed civil penalty. Information provided will be considered in determining whetheacivil penalty should be assessed or imposed and the amount ofany 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 AirTrek, 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 ofthe proposed penalty would prevent Air Ambulance by AirTrek, Inc. from continuing in business. Choosing this option will not affect Air Ambulance by AirTrek, 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 otherthan that proposed in the notice. IfAir 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 AirAmbulance by AirTrek, Inc. provides will be considered in determining whetherthe amount it specified should be assessed. Ifthe FAA accepts Air Ambulance by Air Trek, Inc.'s offer, this request constitutes AirAmbulance by Air Trek, Inc.'s agreementthat an order assessing civil penalty in that amount may be issued without further notice. AIR AMBULANCE BY AIRTREK, 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 ofthe following locations: an FAA regional office; the FAA Aeronautical Center in Oklahoma City; or FAA Headquarters in Washington, DC. A list ofthe addresses ofthese 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 ofthe offices on the Informal Conference Location I ist will be granted, regardless ofwhetherthe office Air Ambulance by AirTrek, Inc.'s chooses is the office that issued the notice to which this information sheet is attached. If AirAmbulance by Air Trek, Inc. chooses an office on the Informal Conference Location list otherthan 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) ofFAA Order No. 2150-3A,providedthat (I) a transfer is in the public interest, and (2) the transfer is to an office more convenient to its domicile orprincipal place ofbusiness. 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 ofthe informal conference only. Moreover, the office receiving the case only for purposes ofthe informal conference will consult and coordinate with the office that issued the notice before settling orotherwise disposing ofthe case after the informal conference. Air Ambulance by Air Trek, Inc. also may request an in-person informal conference at an FAA office otherthan 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. AirAmbulance by Air Trek, Inc. should not, therefore, expectto · have an in-person informal conference at a location otherthan those on the list. The FAA attorney assigned to this case has discretionto grant arequest for an inperson informal conferences at a location other than those on the list only when (I) because ofunusual 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 previouslyscheduled 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 ofthese restrictions, AirAmbulance by Air Trek, Inc. is requested to indicate both the FAA office it prefers and one ofthe 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 ofthe 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 byAirTrek, Inc.'s request for an informal conference will not !ffect its right to request a formal hearing later. IMPORTANT: 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 considerbefore the agency decides whether to proceed with the proposed action. Any additional inftmation Air Ambulance by AirTrek, Inc. submits will be given our careful consideration. Since the attached letter may become a part ofthe publicly available records, AirAmbulance by AirTrek, Inc. may wish to submit a letterwhich would be includedin these records. 7. Air Ambulance by Air Trek, Inc. may request that the FAA impose a civil penalty without making findings ofviolations, and submit the reasons and any additional information in writing (with appropriate supporting documentation) to support Air Ambulance by Air Trek, Inc.'s request. Ifthe 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 WILLNOT BE AFFECTED. 8. Air Ambulance by Air Trek, Inc. may request a hearing in accordance with section 13.16 ofthe FAR. Air Ambulance by Air Trek, Inc.'s request must be dated and signed. If AirAmbulance by Air Trek, Inc. requests a hearing, a Complaintwill be filed and m. administrative lawjudge will be appointed to decide the case. At the hearing, held under Subpart G of 14 C.F.R. Part 13, the agency will presentwitnesses and otherevidence. Air Ambulance by AirTrek, Inc. also will have the opportunityto present witnesses and otherevidence. The FAA will have the burden ofproof. Atthe conclusion ofthe hearing, all issues offact and law will be decided and a decision will be rendered whether, and in what amount, a civil penaltywill be assessed. Ifeither party, the agency or AirAmbulance by Air Trek, Inc. is dissatisfied with thejudge's decision, that party can appeal thejudge's decision to the FAA decisionmaker. If Air Ambulance by Air Trek, Inc. is dissatisfied with the FAA decisionmaker's decision, AirAmbulancebyAirTrek, Inc. may seekreview ofthe FAA decisionmaker's decision in the United States Courts ofAppeals. Air Ambulance by Air Trek, Inc.'s request for a hearing must be made to the Hearing Docket, Federal Aviation Administration, 800 IndependenceAvenue, 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 oftheRegional Counsel Federal Aviation Administration I Aviation Plaza Jamaica, NY 11434 Air Ambulance by Air Trek, Inc.'s response to the Notice ofProposed Civil Penalty may be delivered personally to the Office ofthe Regional Counsel for the Eastern Region at the above address during normal business hours. Telephone: 718 553-3268 (Collect calls cannot be accepted.)

2Office ofthe Regional Counsel Federal Aviation Administration IAviation Plaza Jamaica, NY 11434 Date

Air Ambulance by Air Trek, Inc.

- 2009EA030037 Subject: Notice ofProposed Civil Penalty In reply to yourNotice ofProposed Civil Penalty, Air Ambul!l!lce by AirTrek, Inc. elects to proceed as indicated by my checkmark beside the numbered paragraph(s) below: I. [ ] AirAmbulance by Air Trek, Inc. hereby submits the amount ofthe proposed civil penalty with the understanding that an order assessing acivil penalty will be issued in that amountwithout further notice. Air Ambulance by AirTrek, 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 overthe Internet atthe 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. AirAmbulance 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 matterwith an FAA attorney. (An attorney will callAirAmbulance by Air Trek, Inc. at the telephone number it provides here: ( ) .Air Ambulance by AirTrek, Inc. will be provided atleast 2 weeks advance notice ofthe date and time ofthis 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 itwishes to have considered onits behalfbefore the date ofthe informal conference. b. [ ] AirAmbulance by AirTrek, Inc. hereby requests an inperson informal conference with an FAA attorney to discuss this matter at (choose an FAAoffice from the attached list). c. [] AirAmbulance by AirTrek, 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 AirTrek, 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. [ ] AirAmbulance by AirTrek, Inc. hereby submits evidence and information, demonstrating that a violation ofthe regulations did not occur as alleged orthat the amount ofthe penalty is not warranted by the circumstances.

1.. [ ] Air Ambulance by AirTrek, Inc. hereby requests thatthe FAA impose acivil penalty without making findings ofviolations, and submits its reasons. This request constitutes AirAmbulance by Air Trek, Inc.'s agreement that ifthis offer is accepted, acompromise order will be issued in the amount set forth in the Notice ofProposed 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 AHEARING. 4. [ ] AirAmbulance by Air Trek, Inc. hereby submits information and records showing that it is financially unable to pay the proposed civil penalty, or that payment ofthe penalty would prevent it from continuing in business. 5. [ ] AirAmbulance 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 CONSTITUTESAir Ambulance by Air Trek, Inc.'S AGREEMENT THAT IT HAS WAIVED ITS RIGHT TO AHEARING. 8. [ ] Air Ambulance by AirTrek, Inc. hereby requests ahearing in accordance with Subpart Gof Part 13 ofthe Federal Aviation Regulations (14 CFR 13, Subpart G) with the understandingthat a Complaintwill be filed. AirAmbulance by Air Trek, Inc. requests that the hearing be held in**-------,---~,.--·** AirAmbulance by AirTrek, 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 senttoits representative: Name: Address: Telephone:FAA LEGAL COUNSEL OFFICE LOCATIONS FOR INFORMAL CONFERENCES AERONAUTICAL CENTER ALASKA REGION Federal Aviation Administration Federal Aviation Administration Office ofthe Regional Counsel (AMG7) Room 251 Office ofthe 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 ofthe Regional Counsel (AEA-7) Office ofthe Regional Counsel (AGL-7) Eastern Region Headquarters Great Lakes Region Headquarters I Aviation Plaza O'Hare Lake Office Center, Room 419 Room 561 2300 EastDevon Avenue Jamaica, NY 11434 Des Plaines, IL 60018 NORTHWESTMOUNTAIN REGION SOUTHERN REGION Federal Aviation Administration Federal Aviation Administration Office ofthe Regional Counsel (ANM-7) Office ofthe 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 ofthe ChiefCounsel Western-Pacific Region Headquarters 800 Independence Avenue, SW. 15000 Aviation Boulevard Washington, DC 20591 Hawthorne, CA 90261

2 CENTRALREGION Federal Aviation Administration Office ofthe Regional Counsel (ACE-7) Central Region Headquarters 90I Locust Room 506 Kansas City, MO 64106-2641 NEW ENGLAND REGION Federal Aviation Administration Office ofthe Regional Counsel (ANE-7) New England Region Headquarters 12 New England Executive Park, Room 311 Burlington, MA 01803 SOUTHWESTREGION Federal AviationAdministration Office ofthe Regional Counsel (ASW-7) Southwest Region Headquarters 260I Meacham Boulevard Ft. Worth, TX 76193-0007 EUROPE, AFRICA & MIDDLE EAST FANAmerican Embassy Office ofthe Assistant ChiefCounsel (AEU-7) 27 Blvd. du Regent, Brussels, Belgium (for mailing from U.S.:PSC 82, Box 002, APO AE 09710)

### -.

U.S. Department ofTransportation FederalAviation

## Ad~~trc~ri"

# iBH Eastern Region Regional Counsel Telephone: 718 553-3268 Facsimile: 718 995-5699



### CERTIFIED MAIL -RETURNRECEIPT REQUESTED President AirAmbulance by AirTrek, Inc. 6300 Riverside Drive Punta Gorda, FL 33982 DocketNo. 2009EA030037 1Aviation Plaza Jamaica, NY 11434



### FINAL NOTICE OF PROPOSED CIVIL PENALTY TAKE NOTICE, thatthis office has received the informationAirAmbulance by Air Trek, Inc. submitted on February 9, 2011, in response to the Notice ofProposed 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. violatedthe Federal AviationRegulation(s) byreason ofthe following: 1. AirAmbulance by Air Trek, Inc. is the registered ownerand operll,tor of Cessna Citation Model 550 aircraft, identification numberN744A:f. '



## .. 2. At all times pertinent hereto, AirAmbulance by AirTrek, Inc. was the personresponsible for ensuring thepropermaintenance ofaircraft N744AT in accordance with the Federal Aviation Regulations (14 CPR). 3. AircraftN744AT is a transport category airplane certificatedpursuantto Part 25 oftheFederal Aviation Regulations (14 CPR). 4. In or about February 2009, aviation safety personnel from the Allegheny Flight Standards District Officeperformed 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 ofa Part 135 operator, Aero National, Inc. 5. Atthe time ofthe conformity inspection, aircraftN744ATpresentedthe following conditions:

a. Installation ofaluminum carpettrim labeled with hardware store bar codes; b. No documentation showingperiodic inspections and function testing ofthe Ameri-King AK-450 emergency locatortransmitter ("ELT");

c. Cracked seattracks that were also missing seat stops and exhibiting elongatedholes; and d. Installation ofa Garmin GNS-530 Wide AreaAugmentation System (WAAS) upgradepursuantto Supplemental Type Certificate (STC) SAOI933LA. 6. At the time ofthe conformity inspection, the aircraft records for N744AT contained no approved datato substantiate the aviation application ofthe aluminum carpettrim installed in aircraft N744AT labeled with hardware store bar codes that was observed in or about February 2009. 7. The aluminum carpettrim installed in aircraftN744AT labeled with hardware store barcodes that was observed in oraboutFebruary 2009 was installedpriortoFebruary 11, 2009. 8. Atthe time ofthe conformity inspection, the aircraft records for N744AT contained no certificate ofconformity to ensure that the aluminum carpet trim installed in aircraftN744AT labeled with hardware store bar codes that was observed in or about February 2009 was eligible for installation in the aircraft. 9. The installation ofthe aluminum carpet trim in aircraft N744AT labeled with hardware store bar codes that was observed in or about February 2009 rendered aircraft N744ATunairworthy. 10.At all times pertinenthereto, an Ameri-KingAK-4SO ELTwas installed in aircraftN744AT.

2

### 11.The instructions for continued airworthiness for the Ameri-King AK-4SO ELT require periodic inspections and tests to include a Transmitter Functional Test oftheELT system every 3 months as persection 3.3 ofthe Ameri-King AK-4SO ELTEmergency Locator Installation 

### & Opt!ration Manual. 12.At the time ofthe conformity inspection, the maintenance records for aircraftN744AT did not showcompliance with the instructions for continued airworthiness for the Ameri-King AK-4SO ELTwithregard to the periodic inspection and testing ofthe ELTto include a Transmitter Functional Test ofthe ELT system every 3 months. 13.The condition ofthe cracked seattracks with missing seat stops and elongated holes that were discovered in aircraftN744AT 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 andremained in a similarly unairworthy condition as ofat least October2008. 15.On or aboutMay 5, 2008, Nebo Aviation Services ofPunta Gorda, Florida, installed a Garmin GNS-530 Wide AreaAugmentation System (W 

### AAS) upgrade in aircraft N744AT at the direction oforwith thepermission ofAir AmbulancebyAirTrek. 16.The Garmin GNS-530 W AAS is a Garmin 500W series GPS-WAAS navigation system. 17.The W AAS upgrade described above was installedpursuantto Supplemental Type Certificate (STC) SAO 1933LA. 18.AirAmbulance by AirTrek altered aircraft N744AT by having Nebo Aviation Services install the Garmin GNS-530WAAS upgrade pursuant to STC SAO 1933LA as described in theprecedingparagraph. 19.The approved model list for STC SAO 1933LA does not include the Cessna CitationModel 550 among the aircraft for which installation ofthe Garmin Model400W or 500W series GPS-WAAS 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 ofSTC SAO 1933LA. 22.At all times pertinenthereto, AirAmbulance by AirTrek did not have writtenpemtission from Garmin AT, Inc. to utilize STC SAO 1933LA for installing the WAAS upgrade in aircraft N744AT. 23.AirAmbulance by AirTrek operated, caused to be operated, or authorized the operation ofaircraftN744AT on the following flights since October 2008 up to thetime ofthe conformity inspection described above:

a. On or about October 24, 2008, from Punta Gorda, Florida, to Raleigh-Durham, North Carolina; b. On orabout October24,2008, from Raleigh-Durham, North Carolina, to Punta Gorda, Florida; 1



### c. On an unknown datepriorto December 17, 2008, from an unknown point oforigin to BocaRaton, Florida; d. On or about December 17, 2008, from BocaRaton, Florida, to Punta Gorda, Florida; and

e. On or aboutFebruary 11, 2009, from Punta Gorda, Florida, to Washington, Pennsylvania.

Byreason ofthe foregoing, AirAmbulance by AirTrek, Inc. violated the following Federal Aviation Regulations:

a. Section 91.403(b), which states thatnoperson may perform maintenance, preventive maintenance, or alterations on an aircraft otherthan as prescribed in this subpart and other applicable regulations, includingpart43 ofthis 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 issuedthat contains an airworthiness limitations section unless the mandatory

4

### replacement times, inspection intervals, and relatedprocedures specified in that section or alternative inspection intervals and related procedures set forth in an operations specifications approvedby the Administratorunderpart 121, 127 or 135 ofthe Federal Aviation Regulations orin accordance with an inspectionprogram approved under §91.409( e) have been complied with.

c. Section 91.403(d), which states that apersonmustnot alter an aircraft based on a supplemental type certificate unless the owner or operator ofthe aircraft is the holder ofthe supplemental certificate, orhas written permission from the holder. d. Section 91.7(a), which states that no personmay 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 orpersonally delivers, in writing, its request for a hearing in this matter, on orbefore fifteen (15) days after itreceives this Final Notice, we will issue an OrderAssessing Civil Penalty and AirAmbulance by AirTrek, Inc. will have no further right to a hearing. IfAirAmbulance by AirTrek, 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 sentto 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 ofProposed 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 mustthen enterthe above-listed "DocketNumber" underthe "Civil Penalties Case Number" and you must then complete the remainder ofthe 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 ofthese two sections, and submitto complete yourpayment. AlfredR. Johnson, Jr. Regional Counsel

By:

# srelfl.~ice Attorney

cc: AEA-230NFSDOEA-11

6Regional Counselforthe Eastern Region Date Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 Air Ambulance by AirTrek, Im.-- 2009EA030037 Subject: Final Notice ofProposed Civil Penalty Response Attachment In reply to your Final Notice ofProposed Civil Penalty, Air Ambulance by Air Trek, Inc. elects to proceed as indicated by its check mark beside the numbered paragraphbelow: I. U Air Ambulance by AirTrek, Inc. hereby submits the amount ofthe proposed civil penalty with the understanding that an OrderAssessing 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 ofthe Federal Aviation Regulations. By sending this form to the Federal Aviation Administration, Eastern Region, AirAmbulance by AirTrek, Inc. also hereby certifies that a copy ofthis form has been filed with the Hearing Docket Clerk (Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, S.W., Room 924A,Washington,DC20591, Attention: HearingDocketClerk). **Please note that you will not be entitled to ahearing ifyou 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:-------- Phone No.-------- Business Phone No.

___ _

PRIVACYACT NOTICE This notice is provided in accordance with Section (e)(3) ofthe Privacy Act, 5 li.S.C. §552a(e)(3), and concerns the information requested in the letter orform 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 ofTitle 14 ofthe Code ofFederal Regulations. Submission ofthe 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 ofrecords may be disclosed in accordance with the routine uses as they appear in System ofRecords No. DOT/FAA 847 as published from time to time in theFederal Register. D. Effect ofFailure to Respond. Ifyou do notprovide 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 ofthe foregoing letterwere served by first class mail and/or fax, as indicated, tothe following:

FederalAviation Administration (Original and one copy) Attn: HearingDocketClerk, AGC-430 WilburWright Building

- Room2014 800 IndependenceAvenue, S.W. Washington, D.C. 20591 (mail only) TheHonorable RonnieA. Yoder U.S. Department ofTransportation Office ofHearings, M-20, RoomEl2-320 1200NewJersey Ave. 9 

### S.E. Washington, DC 20590 (triail and fax to: (202) 366-7536) Gregory S. Winton, Esq. AviationLawExperts 1 Research Court, Suite450 Rockville, MD 20850 (mail only)

Date: July 12, 2012

# ~t. iSaooks, Paralegal Specialist